Ninth Circuit revives a Section 1983 deliberate fabrication claim against a Garden Grove detective whose police report significantly mischaracterized recorded witness statements on a critical issue in the case.
The Ninth Circuit, sitting en banc, reverses a district court that ended a $1.1 million civil forfeiture case as a discovery sanction, holding that the claimant established standing and gave the government enough information to investigate his ownership claim.
The Ninth Circuit reverses the denial of qualified immunity for a Gardena jail officer whose detainee committed suicide, finding that inconsistent information about the detainee’s suicide risk did not put the officer on clear constitutional notice—over a vigorous dissent.
The Ninth Circuit revived an asthma-based ADA accommodation claim that a California federal court had dismissed as time-barred, holding that the district court erred by failing to consider whether California’s worksharing agreement with the EEOC extended the charge-filing deadline to 300 days.
The Ninth Circuit held that a California conviction for assault with a firearm under Penal Code § 245(a)(2) is not a deportable aggravated felony, vacating a removal order and signaling that thousands of similarly situated non-citizens may have grounds for relief.