California’s Fifth District held that Howard Jarvis Taxpayers Association was not an opposing party liable for Code of Civil Procedure section 1021.5 fees because its members’ shared tax and policy concerns were not a direct interest, while Fresno’s four equitable challenges to any fee award were fo
The Court of Appeal affirmed an order striking a bail recovery agent’s malicious prosecution complaint, holding that the underlying federal civil rights claims were legally tenable and that neither his warning letter, self-serving denials, nor counsel’s deposition conduct established mal
The court largely denied the City of San Diego’s motion to dismiss a civil rights lawsuit arising from a Gaslamp Quarter arrest, finding that plaintiffs had cured prior pleading deficiencies by alleging additional incidents that put the city on notice of a pattern of unconstitutional conduct b
The Southern District of California denied Oscar M. Perez-Cardenas’s amended habeas petition after finding that the record documented an ICE arrest warrant and notice to appear on the date of his arrest and did not establish unlawful custody.
The Southern District of California granted Anis Abdulloev’s habeas petition, holding that re-detaining him without notice, reasons, or a hearing violated due process after his 2021 release on parole.
A California federal court allowed a prisoner to proceed without prepaying the filing fee but dismissed his medical-care and failure-to-protect allegations because they did not plausibly identify officials who knowingly disregarded serious risks.
A federal district court denied an amended habeas corpus petition and a motion to stay removal because the petitioner remained subject to a final order of removal and his detention was still within the presumptively reasonable six-month removal period identified in the order.
The Southern District of California denied Rigoberto Gomez Cardona’s habeas petition without prejudice, holding that his alleged detention under 8 U.S.C. § 1226 did not violate his constitutional rights because that framework allows him to seek a bond hearing rather than entitling him to immed
A federal district court conditionally appointed Federal Defenders of San Diego to represent an immigration detainee who alleged over nine months of detention without a bond hearing, finding the constitutional and procedural issues sufficiently complex and potentially valid to warrant counsel, and s
A federal district court granted a temporary restraining order requiring the immediate release of an immigrant detainee, holding that the government lacked statutory authority to detain him at the time of his arrest because his prior removal order had not yet been reinstated.
The Northern District of California entered judgment for the HOPE Program, holding that Guillory’s pleadings did not plausibly allege that Hope deliberately fabricated evidence, violated his privacy rights, or published actionable libel.
The Northern District of California denied Edward Thompson Bellingrath’s request for appointed counsel, finding that his likelihood of success was unclear and that his own filings and statements showed he could articulate his claims and manage the case without counsel.
A federal district court denied a Ukrainian lawful permanent resident’s amended habeas corpus petition, finding his fentanyl possession conviction triggered mandatory detention under 8 U.S.C. § 1226(c) and that he was served with an administrative warrant upon transfer to ICE custody.
After the plaintiff did not respond to an earlier screening order, the court dismissed the deficient claims with prejudice and directed service of Fourteenth Amendment bodily-privacy and failure-to-protect claims against the named deputies.
A federal magistrate judge denied a state prisoner’s request for a new judge, construing it as a recusal motion and finding that objections to case processing speed do not establish bias or partiality.
A magistrate judge recommended dismissing a federal prisoner’s § 2241 petition for lack of jurisdiction because his challenge to a 307-day SHU placement would not necessarily lead to immediate or earlier release, so his claims belong, if at all, in a § 1983 action.
A magistrate judge recommended granting a Cuban detainee’s habeas petition and immediate supervised release because Cuba refused repatriation, Mexico required consent that he withheld, and the government offered no evidence that another country would accept him.
A United States Magistrate Judge denied a prisoner’s motion to reconsider a discovery order, finding that his reply brief did not undermine the adequacy of the email search and that no authority required a records custodian’s declaration at that stage.
A magistrate judge recommends granting summary judgment to CDCR officials because the prisoner failed to exhaust administrative remedies and, alternatively, because no evidence shows deliberate indifference or equal protection violations regarding gender affirming surgery decisions.
A magistrate judge recommends granting a Cuban national’s habeas petition and directing his immediate release, finding his continued detention unreasonable under Zadvydas because there is no significant likelihood of removal in the reasonably foreseeable future.
The Eastern District of California granted Jorge Hinz-Ferran’s habeas petition and ordered his release on the same conditions as his prior order of supervision, holding that ICE repeatedly violated the procedures governing revocation of supervised release and offered no lawful basis for indefi
A magistrate judge recommended denying Nigel Anthony Hibbert’s second Section 2241 petition because his earlier due-process claims were successive, the ordered bond hearing had occurred, and his remaining regulatory claim did not apply before a final removal order.
A magistrate judge recommended granting a Cuban national’s habeas petition and ordering his immediate release, finding that ICE failed to show a significant likelihood of removal in the reasonably foreseeable future after revoking his long-standing order of supervision.
A federal court screened a California inmate’s civil rights complaint and dismissed his challenge to continued confinement without prejudice because it belongs in habeas, while dismissing his due process, retaliation, and sexual abuse claims with leave to amend within 28 days.