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…
Update: On May 17, 2024, the 9th Circuit issued an amended opinion affirming summary judgment, and denied review en banc. Three judges dissented from denial of en banc review. ************************************ In Hittle v. City of Stockton, published August 4, 2023, the 9th Circuit affirmed a district court’s order of summary judgment for the defendant city…
In Waln v. Dysart School District, published December 9, 2022, a divided panel of the 9th Circuit Court of Appeals reversed an order dismissing at the pleading stage a 42 U.S.C. section 1983 lawsuit against a school district. The district's dress-code policy for graduation declared that students may not decorate their gown or cap. The plaintiff…
In Sabra v. Maricopa County Community College District, published August 10, 2022, a divided panel of the 9th Circuit Court of Appeals affirmed dismissal of a 42 U.S.C. section 1983 lawsuit. The defendant professor at the defendant community college district taught a course on world politics. One module of that course was on Islamic terrorism. The…
In Shurtleff v. City of Boston, published May 2, 2022, a unanimous U.S. Supreme Court reversed a district court and appellate court decision that the defendant city did not violate the First Amendment by declining to fly a religious flag. The Boston City Hall has three flagpoles. One flies the American flag, the second flies the…
In Kennedy v. Bremerton School District, published March 18, 2021, the 9th Circuit Court of Appeals affirmed a district court's grant of summary judgment to the defendant school district. The plaintiff, assistant coach' to a district high school's varsity football team and head coach to its junior varsity team, had religious beliefs that required him to…
In Calvary Chapel Dayton Valley v. Sisolak, published December 15, 2020, the 9th Circuit reversed a district court's order denying a church a preliminary injunction against the Governor of Nevada's emergency directive prohibiting gatherings of 50 or more people in any indoor or outdoor area, including houses of worship. The same directive allows retail businesses and…
In Roman Catholic Diocese of New York v. Cuomo, published November 25, 2020, a split Supreme Court granted an application for injunctive relief enjoining the Governor of New York State from enforcing executive orders imposing restrictions on places of worship of from 25 people to 10 people, depending on whether the areas have been classified as "orange"…
In CAPEEM V. Torlakson, published September 3, 2020, the 9th Circuit Court of Appeals affirmed judgment in favor of the State Board of Education and State Department of Education against a challenge brought by parents of Hindu children in California state schools. The state defendants developed model curriculum outlines concerning the history of the world's…
In Freedom From Religion Foundation, Inc. v. Chino Valley Unified School District Board of Education, published July 25, 2018, the 9th Circuit affirmed the district court's grant of summary judgment and injunctive relief against the defendant school board. The board instituted a policy of beginning each meeting with a prayer. A rotating set of presenters, from…