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The Ninth Circuit reversed the district court's grant of summary judgment to defendant based on qualified immunity grounds in a 42 U.S.C. 1983 action alleging that defendant failed to disclose evidence that would have cast serious doubt on the star prosecution witness in plaintiff's trial. The panel held that the record demonstrated as a matter of law that defendant withheld material impeachment evidence under Brady v. Maryland and Giglio v. United States, and raised a genuine issue of material fact as to whether defendant acted with deliberate indifference or reckless disregard for plaintiff's due process rights. The panel also held that the law at the time of the 1997–98 investigation clearly established that police officers investigating a criminal case were required to disclose material, impeachment evidence to the defense. Finally, the panel held that the district court abused its discretion by striking the declaration of plaintiff's police practices expert. The panel remanded for further proceedings. View "Mellen v. Winn" on Justia Law

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The Ninth Circuit denied a petition for review insofar as it raised due process claims related to the district court's rejection of petitioner's United States citizenship claim. First determining that petitioner had standing to bring the due process and equal protection claims, the panel held that, because a legitimate governmental interest was rationally related to 8 U.S.C. 1433's requirement that citizen parents petition to naturalize their adopted, foreign-born children, section 1433 did not violate the Fifth Amendment's Equal Protection Clause. The panel also held that the district court did not err in ruling that the INS was not deliberately indifferent to whether petitioner's mother's application for his citizenship was processed; and, even if the INS did act with deliberate indifference, petitioner's due process claim failed because he could not demonstrate prejudice. The panel held that the district court correctly concluded that the INS was not deliberately indifferent to petitioner's adult application for citizenship and he could not establish prejudice. Finally, the panel held that the BIA erred in concluding that third-degree escape under Arizona Revised Statutes section 13-2502 was a crime of violence and thus an aggravated felony that would make petitioner removable. Accordingly, the panel denied in part, granted in part, and remanded in part the petition for review. View "Dent v. Sessions" on Justia Law

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Battery committed with the use of a deadly weapon under Nevada Revised Statute 200.481(2)(e)(1) is a crime of violence as defined in 18 U.S.C. 16(a). The Ninth Circuit affirmed defendant's conviction for illegal reentry into the United States. The panel held that defendant's prior battery conviction under Nevada law qualified as a crime of violence and thus his initial deportation was not unlawful. View "United States v. Guizar-Rodriguez" on Justia Law

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CBD filed suit challenging the FWS's decision not to list the arctic grayling as an endangered or threatened species under the Endangered Species Act (ESA). The Ninth Circuit reversed in part the district court's grant of summary judgment to FWS, holding that FWS acted in an arbitrary and capricious manner. The panel held that the 2014 Finding's decision that listing the arctic grayling was "not warranted" was arbitrary and capricious because it ignored the DeHaan study's evidence that shows decreasing numbers of breeders and instead heavily relied on a contrary finding showing increasing population; did not provide a reasoned explanation for relying on the existence of cold water refugia in the Big Hole River; failed to consider the synergistic effects of climate change solely because of "uncertainty"; and concluded that the Ruby River population was viable based on data collected over a shorter period than that underlying the 2010 Finding and FWS's own established criteria for viability. View "Center for Biological Diversity v. Zinke" on Justia Law

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The Federal Courts Improvement Act of 1996 (FCIA) does not limit injunctive relief against an executive branch officer enforcing a court order, and the Sheriff in this case was not entitled to immunity from plaintiffs' request for declaratory and injunctive relief. The Ninth Circuit reversed the district court's dismissal of a class action challenging the constitutionality of Washington Revised Code 59.18.375, which allows tenants to be evicted from their homes without a court hearing. The panel held that original plaintiffs had standing to sue at the time they filed this action, which was the relevant time frame for analyzing Article III standing; plaintiffs who were subsequently added to the action did not have standing to sue because their circumstances left their prospects of injury too speculative to support Article III standing; and, even after original plaintiffs settled their dispute with their landlord, the action was not moot because the dispute was capable of repetition, yet evading review. On the merits, the panel held that the district court misread the statute and that the text of section 375 makes clear that a hearing was not mandatory; the Rooker-Feldman doctrine did not apply because plaintiffs were not asking the district court to review and reject the judgment entered against them in state court; the Sheriff's two alternative arguments for affirmance of the district court's judgment -- that the action must be brought under 42 U.S.C. 1983 and that the Sheriff was entitled to qualified immunity -- lacked merit; and the Sheriff's remaining arguments were without merit. Accordingly, the panel remanded for further proceedings. View "Moore v. Urquhart" on Justia Law

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The Ninth Circuit affirmed the district court's dismissal of a wage-and-hour action brought under the Fair Labor Standards Act (FLSA) based on res judicata grounds. In this case, plaintiff conceded that she was subject to a state class-action settlement that released all claims arising from the allegations on which her FLSA action was predicated. The panel applied California law and held that the FLSA action was not excepted from the ordinary operation of res judicata because the decision in the prior proceeding was final and on the merits, the present proceeding was on the same cause of action as the prior proceeding, and the parties in the present proceeding were parties to the prior proceeding. View "Rangel v. PLS Check Cashiers of California, Inc." on Justia Law

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Washington public school teachers filed a class action to order the Director of DRS to return interest that was allegedly skimmed from their state-managed retirement accounts. The Ninth Circuit reversed the district court's denial of a stipulated motion to certify a class and dismissal of the action as prudentially unripe. The panel held that the district court erred in dismissing the teachers' takings claim as prudentially unripe because DRS's withholding of the interest accrued on the teachers' accounts constitutes a per se taking to which the prudential ripeness test in Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City, 473 U.S. 172 (1985), did not apply. In regard to the Director's alternative grounds for summary judgment, the panel held that plaintiffs stated a takings claim for daily interest withheld by the Director; the panel clarified that the core property right recognized in Schneider v. California Department of Corrections, 151 F.3d 1194 (9th Cir. 1988), covered interest earned daily, even if payable less frequently; plaintiffs' takings claim was not barred by issue preclusion or by the Rooker-Feldman doctrine; and the takings claim was not foreclosed by the Eleventh Amendment. The panel also held that the district court erred in denying the motion for class certification. Accordingly, the panel remanded for further proceedings. View "Fowler v. Guerin" on Justia Law

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Section 511(a) of the Veterans' Judicial Review Act barred the Community's action against the VA for failing to reimburse the Community for the care it provided to veterans at tribal facilities. In this case, the Community sought review of the VA's determination that two provisions of the Patient Protection and Affordable Care Act did not require the VA to reimburse the Community absent a sharing agreement. The panel held that such a determination fell under the jurisdictional bar of section 511(a) because it was plainly a question of law that affected the provision of benefits by the Secretary of the VA to veterans, and the relief requested could clearly affect the provision of benefits. The panel also held that the presumption in Montana v. Blackfeet Tribe of Indians, 471 U.S. 759, 766 (1985), did not apply to section 511(a). Finally, the Community's argument that the district court had jurisdiction under 28 U.S.C. 1362 was waived. View "Gila River Indian Community v. US Department of Veterans Affairs" on Justia Law

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The Director General of a Mexican government-owned corporation, Exportadora de Sal (ESSA), entered into a long-term, multimillion dollar contract with another Mexican corporation, Packsys, to sell the briny residue from its salt production process. Because the Director General did not have actual authority to execute the contract, ESSA invoked sovereign immunity when a suit was filed in the United States. The Ninth Circuit affirmed the district court's dismissal of Packsys's suit based on lack of jurisdiction. The panel declined to create a new rule that would extend the commercial activity exception to the Foreign Sovereign Immunities Act (FSIA) to embrace activities of a foreign agent having only apparent authority to engage in them. The panel also did not accept that principles of ratification or waiver improved Packsys's position. Therefore, ESSA properly invoked sovereign immunity under the FSIA. View "Packsys v. Exportadora de Sal" on Justia Law

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The Ninth Circuit affirmed the district court's dismissal of an antitrust case based on the act of state doctrine. Plaintiffs alleged an antitrust conspiracy between a Mexican salt production corporation 51 percent owned by the government of Mexico and a Japanese entity that held the remaining ownership interest. The panel held that this case was fundamentally a challenge to the United Mexican States' determination about the exploitation of its own natural resources, made by a corporation owned and controlled by the Mexican government. The panel noted that this decision was not a license for courts to dismiss cases on act of state grounds whenever a foreign state-owned enterprise was involved. Rather, the panel held merely that on the facts of this case, application of the act of state doctrine was appropriate to preclude its consideration of the action. View "Sea Breeze Salt, Inc. v. Mitsubishi Corp." on Justia Law