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Murphy v. Smith
Statute requires prevailing prisoner civil rights plaintiff to contribute fully 25 percent of judgment to fee award; district court lacks discretion to direct lesser contribution.
Civil Rights USSC Feb. 22, 2018
Jacobson v. Department of Homeland Security
Summary judgment finding that border patrol zone is nonpublic forum reversed where court denies motion for discovery of information relevant in determining forum.
Civil Rights 9th Feb. 14, 2018
Candelore v. Tinder, Inc.
Differential pricing for older and younger users of dating app is arbitrary discrimination under Unruh Civil Rights Act.
Civil Rights 2DCA/3 Jan. 31, 2018
Eagle Point Education Association v. Jackson County School District
Public school district policies restricting speech that cannot be reasonably interpreted as speech of the district violate Free Speech Clause where policies fail non-public forum test.
Civil Rights 9th Jan. 29, 2018
Italian Colors Restaurant v. Becerra
Statute preventing collection of credit card surcharges unconstitutional restriction of speech, as applied to group of California businesses.
Civil Rights 9th Jan. 4, 2018
Frudden v. Pilling
Uniform policy requiring elementary students to wear uniform bearing 'Tomorrow's Leaders' motto and exemption violates First Amendment under governing Ninth Circuit law.
Civil Rights 9th Dec. 12, 2017
French v. Jones
Montana's campaign-speech rule, which prohibited judicial candidates from seeking or using political endorsements in their campaign, does not run afoul of First Amendment.
Civil Rights 9th Dec. 8, 2017
Zion v. County of Orange
In civil rights lawsuit, summary judgment favoring officer improper where reasonable jury could find head-stomping that followed two rounds of shooting unreasonable.
Civil Rights 9th Nov. 2, 2017
Amended Opinion: Contest Promotions LLC v. City and County of San Francisco
San Francisco's billboard-related regulations that distinguish between commercial and noncommercial signs passes intermediate scrutiny under 'Central Hudson,' warranting dismissal of advertiser's First Amendment claims.
Civil Rights 9th Oct. 24, 2017
Lair v. Motl
Montana's limits on campaign contributions improperly invalidated, where limits are justified by state's interest in preventing quid pro quo corruption.
Civil Rights 9th Oct. 24, 2017
Jones v. Las Vegas Metropolitan Police Department
Summary judgment improperly granted to police in civil rights action, where triable issues of fact remain regarding entitlement to qualified immunity following man's death from repeated tasing.
Civil Rights 9th Oct. 23, 2017
Morales v. Fry
Submitting legal question of police officer's qualified immunity to jury is impermissible, resulting in vacated verdict and remand in police brutality case.
Civil Rights 9th Oct. 17, 2017
Nationwide Biweekly Administration Inc. v. Owen
In dispute challenging California laws regulating company's mortgage loan repayment business practices, company wins partial victory on court's erroneous 'Younger' abstention and denial of preliminary injunction.
Civil Rights 9th Oct. 11, 2017
Estate of Lopez v. Gelhaus
In excessive force case stemming from fatal shooting of boy with toy gun, summary judgment properly denied on deputy’s defense of qualified immunity.
Civil Rights 9th Sep. 25, 2017
Roybal v. Toppenish School District
Employee receives federal due process where employer gives employee notice and gives employee opportunity to be heard before depriving employee of protected interest.
Civil Rights 9th Sep. 21, 2017
Amended Opinion: Hardie v. National Collegiate Athletic Association
Title II of Civil Rights Act does not recognize disparate-impact liability and even if it does, prospective NCAA coach’s claim fails under ‘Wards Cove.’
Civil Rights 9th Sep. 12, 2017
Lam v. City of San Jose
San Jose police officer fails to overturn unfavorable jury verdict in shooting of troubled man in his back, rendering him paraplegic.
Civil Rights 9th Sep. 6, 2017
Gregg v. State of Hawaii Dept. of Public Safety
Leave to amend complaint improperly denied in case where plaintiff learns she has psychological disorders years after undergoing sexual shame therapy sessions in prison.
Civil Rights 9th Aug. 30, 2017
Shafer v. Padilla
Although sheriff’s deputy’s use of leg sweep maneuver constitutes excessive force, jury’s verdict for plaintiff must be reversed because deputy is entitled to qualified immunity.
Civil Rights 9th Aug. 30, 2017
Kennedy v. Bremerton School District
High school football coach ordered to stop praying on football field after games unsuccessful in obtaining preliminary injunction allowing him to continue praying.
Civil Rights 9th Aug. 24, 2017
Bracken v. Chung
In action alleging police officer working at private event failed to intercede to prevent assault, court errs in granting summary judgment to officer based on qualified immunity.
Civil Rights 9th Aug. 24, 2017
Moonin v. Tice
Denial of qualified immunity to Nevada Highway Patrol Major proper, where his sweeping policy prohibiting employee speech regarding K9 program violates troopers’ First Amendment rights.
Civil Rights 9th Aug. 23, 2017
Contest Promotions LLC v. City and County of San Francisco
San Francisco’s billboard-related regulations that distinguish between commercial and noncommercial signs passes intermediate scrutiny under 'Central Hudson,' warranting dismissal of advertiser’s First Amendment claims.
Civil Rights 9th Aug. 17, 2017
Klein v. City of Beverly Hills
Discovery rule applies to judicial deception claim where police’s alleged misleading acts and misrepresentations may not be readily apparent at time of search.
Civil Rights 9th Aug. 7, 2017
Villa v. Maricopa County
Dismissal of putative class action brought against state actors challenging Arizona’s wiretapping statute upheld, albeit on different grounds.
Civil Rights 9th Aug. 3, 2017
Reed v. Lieurance
Volunteer for buffalo conservation organization may maintain civil rights action against state actors who prevented him from observing buffalo hazing in Yellowstone National Park.
Civil Rights 9th Jul. 25, 2017
Hardie v. National Collegiate Athletic Association
Title II of Civil Rights Act does not recognize disparate-impact liability and even if it does, prospective NCAA coach’s claim fails under ‘Wards Cove.’
Civil Rights 9th Jun. 29, 2017
Sato v. Orange County Dept. of Education
Former employee unsuccessful in suit against Orange County Department of Education, where OCDE is arm of the state that enjoys Eleventh Amendment immunity from suit.
Civil Rights 9th Jun. 29, 2017
Brewster v. Beck
Dismissal of class action overturned concerning constitutionality of California Vehicle Code's 30-day hold for vehicles impounded from drivers carrying suspended licenses.
Civil Rights 9th Jun. 22, 2017
Retail Digital Network LLC v. Prieto
Advertising middleman unsuccessful in challenging as unconstitutional law barring advertising payments for alcoholic products.
Civil Rights Jun. 14, 2017