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Nance v. Ward
42 U.S.C. Section 1983 is the procedural vehicle for prisoners' method-of-execution claims even if an order granting the relief requested would necessitate a change in state law to carry out the sentence.
Civil Rights USSC Jun. 24, 2022
Allen v. Santa Clara County Correctional Peace Officers Assoc.
Municipalities are entitled to a good faith defense to a suit brought by public-sector employees for a refund of mandatory union fees under 42 U.S.C. Section 1983.
Civil Rights 9th Jun. 24, 2022
Cornel v. State of Hawaii, et al.
A seven-year delay in parolee's arrest did not violate due process since parolee's own failure to provide the office with up-to-date contact information caused the delay.
Civil Rights 9th Jun. 10, 2022
Polk v. Yee
The Medicaid Act's anti-reassignment provision did not unambiguously confer an enforceable right on Medicaid providers because its focus was on combating fraud and abuse by providers.
Civil Rights 9th Jun. 8, 2022
Young v. Superior Court of Solano County
Establishing a factual foundation for discovery disclosure for a potential violation of the California Racial Justice Act of 2020 requires only a good cause showing of a plausible claim.
Civil Rights 1DCA/4 May 31, 2022
In Re Three National Security Letters
Courts are not required to schedule periodic review of nondisclosure requirements in national security letters from the FBI requesting information from electronic communication service providers.
Civil Rights 9th May 27, 2022
Shurtleff, et al. v. City of Boston, Massachusetts, et al.
Because Boston did not sufficiently maintain control over the flag-raisings on its city hall flagpole they were not governmental speech and its refusal of a Christian flag constituted impermissible discrimination.
Civil Rights USSC May 3, 2022
Amended Opinion: Riley's American Heritage Farms v. Elsasser
In a First Amendment claim, school board and administrators may be liable for canceling a field trip to plaintiff's establishment based on plaintiff's controversial, political tweets.
Civil Rights 9th May 2, 2022
U.S. v. Rosenow
Yahoo and Facebook's search of child pornographer's data was not a Fourth Amendment violation as they had legitimate, independent reasons to do so.
Civil Rights 9th Apr. 28, 2022
Thompson v. Clark
Showing that the prosecution ended without a conviction is enough to support the favorable termination element of a Section 1983 Fourth Amendment malicious prosecution claim.
Civil Rights USSC Apr. 5, 2022
Amended Opinion: Ballou v. McElvain
A police chief was not entitled to qualified immunity when an officer asserted that she had been retaliated against for filing sex-discrimination lawsuits.
Civil Rights 9th Mar. 25, 2022
New Harvest Christian Fellowship v. City of Salinas
Where city's zoning regulation expressly, facially distinguishes between religious and nonreligious assemblies, the city failed to show similar treatment with similarly situated, nonreligious counterparts.
Civil Rights 9th Mar. 23, 2022
B&G Foods North America v. Embry
Under the Noerr-Pennington doctrine, Proposition 65 claims are protected petitioning activities but defendants may overcome plaintiff's litigious activities by evincing a sham exception.
Civil Rights 9th Mar. 18, 2022
California Chamber of Commerce v. Council for Education and Research on Toxics
Given the robust disagreement by scientific sources over whether acrylamide in food causes cancer, the district court did not abuse its discretion in finding a Proposition 65 warning controversial.
Civil Rights 9th Mar. 18, 2022
Riley's American Heritage Farms v. Elsasser
In a First Amendment claim, school board and administrators may be liable for canceling a field trip to plaintiff's establishment based on plaintiff's controversial, political tweets.
Civil Rights 9th Mar. 18, 2022
Bonelli v. Grand Canyon University
Former university student's civil rights claims' limitations period began when the incidents occurred and were therefore untimely.
Civil Rights 9th Mar. 14, 2022
Ballentine v. Tucker
Detective was not entitled to qualified immunity because binding precedent gave fair notice that it would be unlawful to arrest activists, notwithstanding the existence of probable cause.
Civil Rights 9th Mar. 9, 2022
Ochoa v. City of Mesa
The district court correctly applied the purpose-to-harm test because police officers did not have time to deliberate shooting decedent.
Civil Rights 9th Mar. 1, 2022
Johnson v. Baker
Nevada prison regulation that left devout Muslim without the use of religious scented oil for the vast majority of his prayers violated the Religious Land Use and Institutionalized Persons Act.
Civil Rights 9th Jan. 27, 2022
Williamson v. City of National City
Officers were entitled to qualified immunity from liability for minor use of force inflicted when carrying protester who was preventing city council meeting from continuing out of the meeting room.
Civil Rights 9th Jan. 25, 2022
Jones v. Slade
Evidence of Arizona Department of Corrections' inconsistent application of confiscated material may be proof that the policy is not neutral as applied, precluding summary judgment.
Civil Rights 9th Jan. 25, 2022
Buffin v. City and County of San Francisco
State was responsible for attorney's fees resulting from civil rights litigation stemming from official's unconstitutional action taken at the State's command.
Civil Rights 9th Jan. 14, 2022
Hyde v. City of Wilcox
Officers' use of force on a restrained detainee was a violation of clearly established law and unconstitutionally excessive.
Civil Rights 9th Jan. 7, 2022
Herrera v. Los Angeles Unified School District
Summary judgment was properly granted because there was no genuine dispute of fact as to whether a school aid acted with deliberate indifference in his supervision of a student who drowned.
Civil Rights 9th Dec. 2, 2021
J.K.J. v. City of San Diego
A plaintiff failed to plausibly allege that an officer violated a detainee's constitutional right to adequate medical treatment.
Civil Rights 9th Nov. 16, 2021
Southwest Fair Housing Council v. Maricopa Domestic Water
Water District's policy of charging higher security deposits to public housing tenants served a legitimate business interest because it otherwise struggled to recover delinquent fees.
Civil Rights 9th Nov. 15, 2021
Crane v. Dolihite
A plaintiff inmate was denied his right to meaningful access to the courts because official acts frustrated his attempts to complete service of process on defendant inmate.
Civil Rights 5DCA Oct. 25, 2021
Yu v. Idaho State University
In a racial discrimination lawsuit, the district court's remark regarding expert witness' "aversion racism" theory was not legal error.
Civil Rights 9th Oct. 21, 2021
Miranda v. City of Casa Grande
Even if a police officer lied during administrative proceedings, there was no due process violation because plaintiff was granted a second administrative hearing that voided his license suspension.
Civil Rights 9th Oct. 20, 2021
Rivas-Villegas v. Cortesluna
Precedent involving an unarmed suspect and a noise complaint did not create clearly established law as to defendant's response to a domestic abuse situation with an armed suspect.
Civil Rights USSC Oct. 19, 2021