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Roberts v. City of Fairbanks
Vacatur-by-settlement does not categorically bar malicious prosecution claims under 42 U.S.C. Section 1983; the trial court's settlement approval and subsequent formal vacatur order may functionally invalidate the underlying conviction. 		Civil Rights 9th Jan. 23, 2020
Tuuamalemalo v. Greene
It was clearly established that officer's use of chokehold on non-resisting, restrained person violates Fourth Amendment's prohibition on use of excessive force; thus, officer not entitled to qualified immunity. 		Civil Rights 9th Dec. 26, 2019
Beames v. City of Visalia
A municipality's failure to provide an adequate administrative appeals process can be a due process violation under 42 U.S.C. Section 1983, entitling the plaintiff to attorney fees under Section 1988. 		Civil Rights 5DCA Dec. 23, 2019
Martinez v. City of Clovis
A police officer's verbal disparagement of a domestic violence victim foreseeably encourages the abuser to continue battering; it is now a clearly established constitutional violation in the 9th Circuit, but officer entitled to qualified immunity. 		Civil Rights 9th Dec. 5, 2019
In re Schuster
Trial court erred in invalidating a California Department of Corrections and Rehabilitation emergency regulation that was not before the court and did not apply to petitioner. 		Civil Rights 3DCA Dec. 4, 2019
Makekau v. State of Hawaii
A plaintiff who obtains a preliminary injunction under the All Writs Act is not a "prevailing party" for fee-shifting purposes when the injunction omits reference to the claim's merits. 		Civil Rights 9th Nov. 27, 2019
Jimenez v. Superior Court
Superior court abused its discretion by issuing discovery order in habeas proceedings since district attorney's attempt to compel disclosures was premature and did not defeat qualified work-product protection. 		Civil Rights 2DCA/4 Oct. 4, 2019
Minton v. Dignity Health
May be violation of Unruh Act where Catholic hospital refuses to perform hysterectomy on transgender man. 		Civil Rights 1DCA/4 Sep. 19, 2019
City of San Juan Capistrano v. California Public Utilities Commission
District court properly dismissed City's claims because City lacked standing to challenge state law on constitutional grounds in federal court and claims were barred by Eleventh Amendment. 		Civil Rights 9th Sep. 12, 2019
Branch v. Umphenour
Magistrate judges may not rule directly on a motion to withdraw consent, and lack jurisdiction to dismiss plaintiff's claims before defendants have consented to their jurisdiction. 		Civil Rights 9th Sep. 6, 2019
Head v. Wilkie
Under 'Haddle v. Garrison,' irreconcilable with 'David v. United States,' a 42 U.S.C. Section 1985(2) plaintiff may be a non-party to underlying litigation and allege interference with employment as a cognizable injury. 		Civil Rights 9th Sep. 6, 2019
Thurston v. Midvale Corporation
Websites connected to physical place of public accommodation are included in Title III of the ADA, and a sufficient nexus between the website and place of public accommodation existed. 		Civil Rights 2DCA/8 Sep. 5, 2019
In re Sagin
Petitioner's murder conviction vacated in light of new DNA evidence producing no matches to petitioner, but producing match to an unknown male from samples taken from under victim's fingernails. 		Civil Rights 6DCA Sep. 4, 2019
Panah v. Chappell
Even without serology testimony regarding bodily fluid stains found in defendant's bedroom, and assuming counsel's performance was deficient, the overwhelming evidence supported guilt and defendant was not prejudiced. 		Civil Rights 9th Aug. 22, 2019
Amended Opinion: Claiborne v. Blauser
Visibly shackling a criminal defendant during a jury trial is a violation of that defendant's civil rights under Section 1983. Remanded for new trial. 		Civil Rights 9th Aug. 15, 2019
Livaditis v. Davis
California Supreme Court's denial of habeas relief was supported by reasonable grounds since petitioner's counsel's performance was not deficient and, in any event, did not prejudice the defense. 		Civil Rights 9th Aug. 12, 2019
Avena v. Chappell
Trial counsel's failure to conduct a thorough investigation of defendant's background to present mitigation evidence was constitutionally inadequate and prejudiced defendant by essentially ensuring defendant would be sentenced to death. 		Civil Rights 9th Aug. 9, 2019
Smith v. Ogbuehi
Trial court failed to exercise its discretionary authority by finding it lacked authority to appoint counsel for unrepresented prisoner-litigant; thus, remand was necessary for analysis under 'Wantuch v. Davis' and 'Apollo v. Gyaami.' 		Civil Rights 5DCA Aug. 8, 2019
Page v. King
Petitioner's claim satisfied the irreparable harm exception of 'Arevalo v. Hennessy' to 'Younger' abstention, so remand was necessary for the district court to consider the merits of petitioner's claim. 		Civil Rights 9th Aug. 5, 2019
Dixon v. Ryan
Arizona Superior Court did not rely on unreasonable determinations of fact in rejecting petitioner's ineffective assistance of counsel claim, and petitioner did not raise good faith doubts about competency in relevant proceedings. 		Civil Rights 9th Jul. 29, 2019
Djerf v. Ryan
Assuming Arizona Supreme Court committed causal nexus error by ignoring defendant's family background mitigation evidence, error was harmless because such evidence was not compelling compared to the State's strong aggravation case. 		Civil Rights 9th Jul. 25, 2019
Roque De La Fuente v. Alex Padilla
California's ballot access laws reasonably relate to California's important regulatory interest in managing its democratic process and were proportionate to California's large voter population. 		Civil Rights 9th Jul. 22, 2019
In re Arroyo
Proposition 57 did not dictate timing of inmate's parole suitability hearing, only that the inmate was suitable for hearing, and petitioner already received all relief requested in his habeas petition. 		Civil Rights 4DCA/3 Jul. 19, 2019
Nehad v. Browder
Triable issues remained regarding reasonableness of police officer's use of deadly force; thus, district court's grant of summary judgment reversed. 		Civil Rights 9th Jul. 12, 2019
Claiborne v. Blauser
Visibly shackling a criminal defendant during a jury trial is a violation of that defendant's civil rights under Section 1983. Remanded for new trial. 		Civil Rights 9th Jul. 1, 2019
Karnoski v. Trump
District court's order striking President's motion to dissolve preliminary injunction vacated because new policy was significantly different from prior memorandum in both its creation and its specific provisions. 		Civil Rights 9th Jun. 17, 2019
Austin v. University of Oregon
Because plaintiffs' theories of liability were missing sufficient, nonconclusory allegations plausibly linking University's disciplinary action against them to discrimination on basis of sex, district court properly dismissed Title IX claims. 		Civil Rights 9th Jun. 5, 2019
Mills v. City of Covina
A conviction or judgment that has been reversed on appeal and vacated lacks preclusive effect and cannot serve as collateral estoppel in a later proceeding. 		Civil Rights 9th Apr. 25, 2019
In re Palmer
Petitioner successfully utilized techniques set forth in 'In re Lynch' to show serial denials of parole punished him so disproportionately to his individual culpability that it was constitutionally excessive. 		Civil Rights 1DCA/2 Apr. 8, 2019
Herrera v. City of Palmdale
Because state nuisance enforcement action brought by City was a civil enforcement proceeding akin to criminal prosecutions, abstention in an action brought pursuant to 42 U.S.C. Section 1983 was proper. 		Civil Rights 9th Mar. 21, 2019
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