Constitutional Cases
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Constitutional

U.S. District Court — Northern District of California
Uncategorized

Bryant v. City of Berkeley — N.D. Cal. denies costs to prevailing police defendants in excessive-force shooting case

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.

U.S. District Court — Southern District of California
Uncategorized

Baez-Diaz v. United States — S.D. Cal. Denies §2255 Motion Despite Counsel’s Sentencing-Guideline Miscalculation

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

U.S. District Court — Central District of California
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Hanna v. Youngquist — C.D. Cal. Dismisses Section 1983 Suit Against Court Reporter Over Family-Law Transcripts With Prejudice

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

U.S. District Court — Northern District of California
Uncategorized

Belton v. Alameda County Sheriff’s Department — N.D. Cal. grants summary judgment for jail on detainee medical-care and legal-mail claims

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

U.S. District Court — Central District of California
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Davis v. Smith — C.D. Cal. Denies Habeas Petition, Discovery, and Evidentiary Hearing After Magistrate Judge’s Recommendation

Judge Sherilyn Peace Garnett accepted a magistrate’s recommendation denying a § 2254 habeas petition, denying additional discovery under Bracy v. Gramley because the petitioner already possessed the only evidence he sought, and denying an evidentiary hearing because the alleged facts would not

U.S. District Court — Northern District of California
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Eccarius v. United States — N.D. Cal. dismisses NLRB grievance constitutional suit with prejudice

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.

U.S. District Court — Central District of California
Uncategorized

Crossley v. Diaz Garcia — C.D. Cal. Issues OSC on Venue Transfer of Section 1983 Suit Over Kern Valley Prison Incident

Magistrate Judge Daniel S. Roberts ordered a pro se prisoner plaintiff to show cause why his § 1983 suit over a Kern Valley State Prison incident should not be transferred to the Eastern District of California, where the prison and all defendants are located.

U.S. District Court — Central District of California
Uncategorized

Bendana v. County of Orange — C.D. Cal. Dismisses Section 1983 Suit Over State Family-Law Proceedings With Prejudice

Judge Sunshine Sykes dismissed with prejudice a pro se mother’s § 1983 suit against an Orange County family-court judge, prosecutors, and the County over child-custody proceedings, citing judicial and prosecutorial immunity, Younger abstention, Rooker-Feldman, Eleventh Amendment, and failure t

U.S. District Court — Eastern District of California
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Jose B.M. v. Murray — E.D. Cal. Rejects ‘Entry Fiction’ Defense, Orders Release of Paroled Noncitizen Re-Detained at Check-In

Eastern District of California rejects the federal government’s argument that the entry fiction doctrine and the older Barrera-Echavarria decision foreclose due process protections for noncitizens paroled into the country, ordering immediate release.

U.S. District Court — Eastern District of California
Uncategorized

Mussie B.Z. v. Chestnut — E.D. Cal. Releases Eritrean Asylum-Seeker, Holding ICE Re-Detention Without Bond Hearing Violates Statute and Due Process

Eastern District of California issues a temporary restraining order requiring ICE to immediately release an Eritrean asylum-seeker re-detained at a routine check-in, holding the detention violated both the Immigration and Nationality Act and the Fifth Amendment’s Due Process Clause.

U.S. District Court — Northern District of California
Uncategorized

Segura v. County of Santa Clara — N.D. Cal. lets hospital whistleblower’s First Amendment and § 1102.5 claims proceed

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.

U.S. District Court — Northern District of California
Uncategorized

Adeeb v. City of Marina — N.D. Cal. dismisses sprawling code-enforcement retaliation suit

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

U.S. District Court — Southern District of California
Uncategorized

Tercero Briones v. LaRose — S.D. Cal. Grants Habeas and Orders Release of TPS Holder Re-Detained Without Notice or Interview After 26 Years on Order of Supervision

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

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