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Olympus Spa v. Armstrong
Requiring spa to adopt new language in its published policy to affirm equal access to customers--equal access being required by law--was an incidental restriction on speech essential to eliminate discriminatory conduct.
Constitutional Law 9th May 30, 2025
Amended Opinion: Roe v. Critchfield
Because student's facial challenge to Idaho's anti-transgender school bathroom bill was deemed unlikely to succeed on the merits, preliminary injunction was properly denied.
Constitutional Law, Civil Procedure 9th May 27, 2025
Mae M. v. Komrosky
Trial court abused its discretion in denying plaintiffs' motion to preliminarily enjoin a Temecula School Board Resolution that would ban Critical Race Theory and "other similar frameworks."
Constitutional Law, Education 4DCA/3 May 21, 2025
Barnes v. Felix
With excessive-force claims involving death, moment-of-threat rule is inapplicable as it impermissibly narrows the proper "totality of the circumstances" instructions.
Constitutional Law USSC May 16, 2025
Garnier v. O'Connor-Ratcliff
Blocking constituents on social media was a state action where school district trustee had actual authority to speak on State's behalf and purported to exercise that authority when posting.
Constitutional Law 9th May 15, 2025
U.S. v. Duarte
Under Bruen, restricting non-violent felons from possessing firearms does not violate the Second Amendment.
Constitutional Law, Criminal Law and Procedure 9th May 12, 2025
Carachure v. City of Azusa
Parties seeking to challenge constitutionality of city's sewer and sanitation fees did not need to pay under protest and exhaust administrative remedies before bringing the action.
Civil Procedure, Constitutional Law 2DCA/7 Apr. 17, 2025
Regino v. Staley
Dismissal of parent's due process claims against school for policy allowing child to use preferred name and pronouns was vacated and remanded for district court to apply correct legal standard.
Constitutional Law, Education 9th Apr. 7, 2025
Spirit of Aloha Temple v. County of Maui
Nonprofit church's claim that County of Maui substantially burdened its exercise of religion in denying special use permit was a legal question for court, not jury, to decide.
Constitutional Law 9th Mar. 31, 2025
Pizzuto v. Tewalt
District court properly granted death row inmate's discovery requests regarding the protocol, manufacturing, and origin of Idaho's execution drugs.
Prisoners' Rights, Constitutional Law 9th Mar. 24, 2025
Coleman v. Newson
District court did not err in holding the State of California in contempt for repeatedly failing to comply with its mandate to provide adequate mental health care for prisoners.
Prisoners' Rights, Constitutional Law 9th Mar. 20, 2025
Roe v. Critchfield
Because student's facial challenge to Idaho's anti-transgender school bathroom bill was deemed unlikely to succeed on the merits, preliminary injunction was properly denied.
Constitutional Law, Civil Procedure 9th Mar. 21, 2025
Duncan v. Bonta
Law banning possession of large-capacity magazines, the accessory of choice for most mass shooters, did not violate Second Amendment Right to Bear Arms.
Constitutional Law 9th Mar. 21, 2025
People v. Batten
Statute that treated inmates serving life sentences for murder differently depending on whether they were paroled before or after July 2020 did not violate equal protection.
Criminal Law and Procedure, Constitutional Law 1DCA/4 Mar. 19, 2025
Yukutake v. Lopez
State law requiring in-person inspection of handguns within five days of acquiring them violated the Second Amendment because it had no relevantly similar historical example of firearm regulation.
Constitutional Law 9th Mar. 17, 2025
Kumar v. Koester
Plaintiff's claim that their injury was self-censorship of nondiscriminatory religious conduct out of fear that it could be misinterpreted as discriminatory was insufficient to evidence Free Exercise and other constitutional claim injuries for Article III standing.
Constitutional Law, Civil Procedure 9th Mar. 13, 2025
Jensen v. Brown
Complaint alleging a First Amendment retaliation claim from a community college professor voicing concerns about a curriculum policy change was properly pleaded.
Constitutional Law 9th Mar. 11, 2025
Hartzell v. Marana Unified School Dist.
Summary judgment on First Amendment retaliation claim was not appropriate where jury could have concluded school district banned parent from school property for criticizing administrator rather than alleged disruptive conduct.
Constitutional Law 9th Mar. 6, 2025
U.S. v. Bowers
Defendant could not invoke the jury provision in Article III of the Constitution during a supervised release revocation hearing.
Criminal Law and Procedure, Constitutional Law 9th Mar. 5, 2025
Day v. Henry
Statutes requiring retailers wishing to ship liquor directly to consumers maintain a physical location managed by a resident were not discriminatory because it applied equally to in-state and out-of-state companies.
Constitutional Law 9th Mar. 5, 2025
Cedar Park Assembly of God v. Kreidler
Washington church failed to establish constitutional standing when challenging the state's Reproductive Parity Act's requirements with respect to providing health insurance for employees.
Civil Procedure, Constitutional Law 9th Mar. 7, 2025
Glossip v. Oklahoma
Where the prosecution violated its constitutional obligation to correct false testimony under *Napue v. Illinois*, death row defendant was entitled to a new trial.
Criminal Law and Procedure, Constitutional Law USSC Feb. 26, 2025
Mi Familia Vota v. Petersen
Though some provisions of Arizona laws requiring heightened proof of citizenship documentation to vote were legal, many violated voter suppression laws.
Constitutional Law 9th Feb. 26, 2025
People v. Richardson
Laws prohibiting possession of firearms by convicted felons are not facially unconstitutional.
Constitutional Law 2DCA/8 Feb. 21, 2025
U.S. v. Pheasant
Statute granting Secretary of the Interior broad discretion to adopt regulations regarding public lands was constitutional because Congress provided an intelligible principle to guide the Secretary's rulemaking.
Constitutional Law, Administrative Agencies 9th Feb. 20, 2025
Lovelace v. Superior Court (People)
Prosecutor's use of California Court Rule 4.421(c) "circumstances in aggravation" to pursue allegations of defendant's "similar prior conduct," was unconstitutional.
Criminal Law and Procedure, Constitutional Law 1DCA/4 Feb. 19, 2025
K.J. v. Jackson
School officials who failed to give a student the opportunity to explain himself following a new charge in connection with a previous incident were not eligible for qualified immunity.
Qualified Immunity, Constitutional Law 9th Feb. 12, 2025
Olson v. County of Grant
Officer's warrantless review of plaintiff's cell phone, which contained nude photos of plaintiff, was a Fourth Amendment violation because he had neither a warrant nor suspicion of criminal activity.
Constitutional Law, Qualified Immunity 9th Feb. 11, 2025
Huntsman v. Corporation of the President
Summary judgment on fraud claim against church was appropriate where there was no evidence the church had knowingly made any misrepresentations of fact regarding its use of members' tithing funds.
Torts, Constitutional Law 9th Feb. 3, 2025
Howard Jarvis Taxpayers Assn. v. Coachella Valley Water Dist.
Coachella Valley Water District's significantly discounted rates for commercial agricultural users were unlawful, and a refund remedy was constitutionally mandated.
Constitutional Law, Water Rights 4DCA/2 Feb. 3, 2025