In Linthcum v. Wagner, published February 29, 2024, the 9th Circuit Court of Appeals affirmed a district court's denial of a preliminary injunction. An Oregon initiative provides that a state legislator's failure to attend ten or more legislative sessions without permission or excuse shall be deemed disorderly behavior and shall disqualify the legislator from holding office…
In Linthcum v. Wagner, published February 29, 2024, the 9th Circuit Court of Appeals affirmed a district court's denial of a preliminary injunction. An Oregon initiative provides that a state legislator's failure to attend ten or more legislative sessions without permission or excuse shall be deemed disorderly behavior and shall disqualify the legislator from holding office…
In Jamgotchian v. Ferraro, published February 26, 2024, the 9th Circuit Court of Appeals reversed the district court's dismissal of the plaintiff's complaint under 42 U.S.C. section 1983. The plaintiff wished to race a thoroughbred racehorse. California law requires that all thoroughbreds racing in the state be registered with a private organization, the Jockey Club of…
In Long v. Sugai, published February 5, 2024, the 9th Circuit Court of Appeals affirmed in part and reversed in part a judgment in favor of correctional officers. The plaintiff, who is a practicing Muslim, alleged the defendants violated his 1st Amendment right to free exercise of religion, and unconstitutionally retaliated against him for engaging in…
In Moore v. Garnand, published September 29, 2023, the 9th Circuit Court of Appeals reversed an order denying summary judgment on the grounds of qualified immunity. The defendant police officers investigated the plaintiff on suspicion of arson. They went to the plaintiff's office with a search warrant. A plaintiff was present with his attorney. When the…
In Nasby v. State of Nevada, published August 18, 2023, the 9th Circuit Court of Appeals affirmed summary judgment in favor of state prison officials in a prisoner's lawsuit under 42 U.S.C. section 1983 alleging denial of 1st Amendment rights. The prisoner, convicted of first-degree murder, was housed in a lockdown unit of a state prison…
In Roberts v. Springfield Utility Board, published May 12, 2023, the 9th Circuit Court of Appeals affirmed summary judgment in favor of the defendant agency. The agency investigated the plaintiff, an employee, for allegedly misrepresenting his reason for taking time off. It put the plaintiff on paid administrative leave during the investigation. The notice of administrative…
In Lathus v. City of Huntington Beach, published January 5, 2023, the 9th Circuit Court of Appeals affirmed dismissal of a 42 U.S.C. section 1983 action. A city councilperson appointed the plaintiff to the city's Citizen Participation Advisory Board. Under the municipal code, each councilperson appoints one member to the board, and may remove the member…
In Dodge v. Evergreen School Dist. #114, published December 29, 2022, the 9th Circuit Court of Appeals affirmed in part and reversed in part summary judgment for the defendants. The plaintiff teacher wore a red Make America Great Again hat to mandatory teacher training, taking the hat off when he entered the school where the training…
In Chen v. Albany Unified School District, published December 27, 2022, the 9th Circuit Court of Appeals affirmed summary judgment in favor of the defendant school district and associated defendants. A high school student created a private Instagram account to share memes, images, and comments with his close friends. He allowed 13 people to follow…