In a Section 1983 wrongful-death action brought by the parents of a man fatally shot by San Diego police officers — including allegations that officers continued to fire shots into the decedent’s body after he was already incapacitated — the court granted in part and denied in part the city
The court dismissed without leave to amend a §1983 suit against a senior deputy clerk of the California Court of Appeal who allegedly refused filings, yelled, and issued unauthorized orders, ruling that quasi-judicial immunity bars damages claims and that §1983 itself bars injunctive relief against
The court applied the six-factor Banda test and concluded that seven months of mandatory detention of a Russian asylum-seeker who had been found to have a credible fear of persecution did not yet violate due process or require a bond hearing.
After IFP screening of an amended complaint by a state prisoner experiencing a mental-health crisis, the court allowed his Eighth Amendment excessive-force claim to proceed against two correctional officers who allegedly held him against a hot metal plate causing severe burns, but dismissed his deli
The court granted habeas relief and ordered immediate release of a Cuban national who had been paroled into the United States and then re-detained at a master calendar hearing without the written notice of parole termination required by 8 C.F.R. § 212.5(e)(5) or any opportunity to be heard.
The court dismissed three Monell municipal-liability claims against the City of San Diego based on a 2022 wrongful-arrest incident at Mission Beach, ruling that allegations of unrelated SDPD incidents did not establish a longstanding custom, that the failure-to-train theory required a pattern of sim
After the California Supreme Court denied a state habeas petition while the federal stay-and-abey motion was pending, the magistrate judge denied the stay request as moot, finding that the petitioner had now fully exhausted his federal claims because they were substantially equivalent to claims pres
The court dismissed a federal habeas petition challenging a California Vehicle Code infraction for lack of jurisdiction, ruling that a 30-day driver’s license suspension is a collateral consequence of conviction that does not satisfy 28 U.S.C. § 2254’s requirement that the petitioner be
After holding an evidentiary hearing, the court denied a federal prisoner’s motion to vacate his sentence for ineffective assistance of counsel, ruling that even though his lawyer miscalculated the sentencing guidelines before trial, the petitioner could not show prejudice because he had alrea
The court ordered the immediate release of a Honduran national who had been on an immigration Order of Supervision since 1999 and detained at his routine annual check-in without notice of revocation or the regulatory interview, ruling that ICE’s failure to follow its own procedures violated du