Judge Martínez-Olguín dismisses with prejudice the freestanding actual innocence claim in Maria Moore’s federal habeas petition challenging her California first-degree murder conviction with special circumstances, holding that the U.S. Supreme Court has not yet recognized a free-standing innocence c
Judge Chesney grants the County of San Mateo’s motion to dismiss and grants in part the dismissal motion of jail medical contractor Vituity in a § 1983 wrongful-death action over the in-custody fentanyl-withdrawal death of Anthony Harding at the Maguire Correctional Facility, while affording leave t
Judge White certifies for Ninth Circuit interlocutory appeal two questions arising from his earlier denial of Meta’s motion to dismiss in a putative class action alleging Facebook failed to combat scam advertisements: whether Meta’s Terms of Service and Community Standards impose an affirmative anti
Magistrate Judge Lin allows pro se plaintiffs Logan Blömqvist and Todd Myers to proceed with ADA Title III and retaliation claims against Extra Space Storage over alleged denial of access to storage units in Campbell and Los Gatos, while dismissing their § 1983 claim and denying a preliminary injunc
Magistrate Judge Tse declines to tax costs against Vincent Bryant — an unhoused plaintiff now in a vegetative state after being shot in the face by Berkeley police — applying all five Ninth Circuit factors that justify departing from the Rule 54(d)(1) presumption favoring the prevailing party.
Judge Donato grants summary judgment for Alameda County and jail medical staff in a pretrial detainee’s § 1983 case alleging denial of pain medication (Gabapentin) and interference with legal mail, holding that providing Cymbalta and a documented treatment course met the objective deliberate-indiffe
Judge Breyer dismisses with prejudice a pro se plaintiff’s second-round constitutional suit attacking the NLRB’s denial of a 2021 labor grievance, holding that there is no waiver of sovereign immunity, no private right of action under the Tenth Amendment, and no Bivens remedy in this novel context.
Judge Pitts denies in large part Santa Clara County’s motion to dismiss a hospital sterile-processing educator’s First Amendment and California whistleblower claims, but trims away time-barred individual defendants and a stale FEHA retaliation theory.
Judge Pitts dismisses all twenty causes of action brought by a Marina dentist-turned-landlord who claimed the city escalated property-code enforcement against him after he filed Public Records Act requests, finding pleading deficiencies on Monell, First Amendment, equal protection, takings, excessiv