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 Christina Snyder granted motions to intervene by two animal welfare groups in Triumph Foods’ constitutional challenge to California’s Proposition 12 farm animal confinement law, while imposing conditions including coordinated joint filings, no discovery between intervenors and Triu
Judge Josephine L. Staton granted a TRO ordering ICE to release a Vietnamese detainee at Adelanto subject to his prior Order of Supervision conditions, finding he satisfied the Winter factors. The court enjoined re-detention inconsistent with ICE regulations and set a preliminary injunction hearing
Judge Kenly Kiya Kato ordered ICE to show cause why a habeas petition should not be granted to a noncitizen detained nine months at Adelanto whom Belarus refuses to recognize as a citizen, finding the government’s bare assertion that it was ‘actively seeking travel documents’ insuf
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
Judge Kenly Kiya Kato ordered ICE to show cause why a habeas petition should not be granted to a noncitizen detained nine months at Adelanto whom Belarus refuses to recognize as a citizen, finding the government’s bare assertion that it was ‘actively seeking travel documents’ insuf
Eastern District of California allows a civil detainee at DSH-Coalinga to proceed on his Fourteenth Amendment claim that the conditions of his confinement as a sexually violent predator are no less restrictive than those of prison inmates, while dismissing his challenge to the SVP treatment program
A magistrate judge in the Eastern District of California recommends granting in part a habeas corpus petition for a Mexican national detained at the Mesa Verde ICE Processing Center, holding that someone who has lived in the United States for over 20 years and was apprehended in the interior is not
Judge Kenly Kiya Kato ordered ADA plaintiff Darwin Boggs to show cause why his suit against Hunter’s Nursery should not be dismissed for lack of Article III standing, finding his ‘wishes to return’ deterrence allegations were boilerplate and conclusory under Murthy v. Missouri and
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
Eastern District of California recommends denying a habeas corpus petition by a state prisoner serving 25 years to life, holding that the absence of clearly established Supreme Court law requiring a jury instruction on attempted criminal threats in a non-capital case forecloses federal habeas relief
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
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 two Ninth Circuit reversals, Judge Jesus G. Bernal entered judgment for Claremont Unified School District following a bench trial in this First Amendment retaliation case, finding the cancelled and reduced field trips to Riley’s Farm reflected parental consent withdrawals (mandated by Ca
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
Eastern District of California denies a motion to dismiss civil rights claims brought by a man who alleges Stanislaus County deputies broke his arm and deployed a police dog while he was surrendering, holding that the Heck v. Humphrey bar does not foreclose his Fourth Amendment excessive force claim
Eastern District of California denies a pro se commercial truck driver’s request for a temporary restraining order blocking the California DMV from cancelling his commercial driver’s license over his failure to produce proof of citizenship or lawful permanent resident status.
Magistrate Judge Steve Kim ordered ICE to show cause why an Armenian detainee at Adelanto should not receive an individualized bond hearing, following an ‘overwhelming majority’ of C.D. Cal. decisions rejecting the government’s position that arriving aliens are subject to mandatory
Judge David O. Carter granted a preliminary injunction requiring that any future immigration enforcement actions against Eugene Trifonov after his release comply with required procedures, incorporating the Winter analysis from his prior TRO order.
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.
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
Judge Fernando Aenlle-Rocha dismissed with prejudice a § 1983 suit against a Los Angeles court reporter who allegedly delayed producing family-law transcripts, holding that plaintiff could not show actual prejudice because his underlying state-court cases were barred by the California litigation pri
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