Justia U.S. 9th Circuit Court of Appeals Opinion Summaries

An employee of The Permanente Medical Group, Inc. worked remotely as a Managerial Senior Consultant. After the employer instituted a mandatory COVID-19 vaccination policy requiring all employees to be vaccinated or to obtain a valid exemption, the employee requested a religious exemption, citing her beliefs as a Christian Jew and referencing relevant religious texts. The employer initially granted her a provisional exemption but later required more information to assess the sincerity of her beliefs. When she did not fully answer the supplemental questions, particularly declining to disclose information about her medical history, the employer revoked her exemption and terminated her employment for noncompliance with the vaccine mandate.After her termination, the employee filed a lawsuit in the United States District Court for the Northern District of California, alleging violations of Title VII and California’s Fair Employment and Housing Act (FEHA), as well as a claim under the California Constitution. The district court granted the employer’s motion to dismiss her statutory claims, holding that she had failed to allege that she adequately notified the employer of the conflict between her religious beliefs and the vaccine mandate. The court reasoned that her initial exemption request and responses to supplemental questions provided insufficient notice and dismissed the complaint.On appeal, the United States Court of Appeals for the Ninth Circuit reviewed the sufficiency of the employee’s allegations regarding notice of a religious conflict. The Ninth Circuit held that to satisfy the notice requirement for a prima facie case of religious accommodation under Title VII and FEHA, an employee must provide enough information for the employer to understand an actual conflict between religious beliefs and work requirements. The court found that the employee’s allegations met this standard at the pleading stage, reversed the district court’s dismissal of her statutory claims, and remanded the case for further proceedings. View "WEISS V. PERMANENTE MEDICAL GROUP, INC." on Justia Law

A licensed clinical social worker employed as an Education Specialist by a regional education service district in Oregon displayed books in his school offices that expressed particular viewpoints on gender identity. These books, visible to students during evaluations and meetings, prompted a complaint alleging that the displays constituted a hostile bias incident under the district’s policy designed to prevent discrimination and address bias in public education settings. The district investigated, concluded that the displays violated its policy, and ordered the employee to remove the books when students were present, warning that failure to comply could result in discipline, including termination.The employee filed a lawsuit in the United States District Court for the District of Oregon alleging violations of his First Amendment free speech rights and sought a preliminary injunction to prevent the district from enforcing its directive. The district court granted the injunction in part, allowing the employee to display the books when students were not present but prohibiting displays during student-facing activities. The court reasoned that, while engaging with students as part of his official duties, the employee spoke as a government employee rather than as a private citizen and therefore was not entitled to First Amendment protection for his displays. After the employee continued to display the books in the presence of students, the district initiated additional proceedings, resulting in his termination. The employee appealed both the partial denial of injunctive relief and the denial of his motion to enforce the injunction.The United States Court of Appeals for the Ninth Circuit affirmed the district court’s decisions. The Ninth Circuit held that the employee’s display of the books while meeting with students in his official capacity was speech as a government employee and not protected by the First Amendment. Because this speech was undertaken pursuant to his professional responsibilities, the court did not apply the Pickering balancing test. The denial of preliminary injunctive relief was found not to be an abuse of discretion. View "THEIS V. INTERMOUNTAIN EDUCATION SERVICE DISTRICT" on Justia Law

A group of former employees of the Washington Department of Children, Youth, and Families challenged the agency’s implementation of a COVID-19 vaccine mandate issued by the Governor of Washington. After their requests for religious exemptions were granted, the agency denied their requests for reasonable accommodations that would allow them to remain unvaccinated and continue in their positions. The agency explained that, due to the nature of their roles, unvaccinated employees could not safely perform essential functions without posing a risk to others. The employees were ultimately separated from employment. They alleged constitutional violations and state law claims, asserting that the agency and certain officials discriminated against them based on religion and failed to provide required procedural protections.The United States District Court for the Western District of Washington dismissed all claims. It found that the employees had not sufficiently alleged ongoing violations of federal law for injunctive relief, nor had they adequately alleged personal involvement by any official in the claimed constitutional violations. The court dismissed the federal claims and all state law claims, initially granting leave to amend. After the employees filed an amended complaint naming additional officials and asserting similar legal theories without new factual allegations, the district court dismissed the case without leave to amend and denied reconsideration.The United States Court of Appeals for the Ninth Circuit reviewed the dismissal de novo. The court held that the employees failed to plausibly allege personal involvement by any official in constitutional violations, and that official-capacity claims for prospective injunctive relief were barred by the Eleventh Amendment because there was no ongoing violation of federal law. It further concluded that the district court acted within its discretion in denying leave to amend, as amendment would have been futile. The Ninth Circuit affirmed the district court’s dismissal and denial of leave to amend. View "SEAGRAVES V. WASHINGTON STATE DEPARTMENT OF CHILDREN YOUTH AND FAMILIES" on Justia Law

A woman who uses a wheelchair due to Parkinson’s disease visited a retail store in Fontana, California, on four occasions in 2021. During each visit, she encountered barriers to accessibility, such as poorly marked disabled parking, uneven walkways, and narrow aisles. She sued the store and its owner, alleging violations of the Americans with Disabilities Act (ADA) and California’s Unruh Civil Rights Act. The defendants did not respond to the lawsuit, and the plaintiff sought a default judgment along with an injunction to require the store to update its premises for greater accessibility.The United States District Court for the Central District of California entered default judgment and granted injunctive relief, ordering the store and its owner to make the requested accessibility improvements. However, the district court declined to award attorney’s fees to the plaintiff. It reasoned that she was not a “prevailing party” under 42 U.S.C. § 12205 because the injunction only required the defendants to do what federal law already mandated. The court also expressed concerns about the amount and quality of the fee petition but did not reach a determination on the reasonable amount of fees.The United States Court of Appeals for the Ninth Circuit reviewed the case. The court held that a plaintiff who obtains a final injunctive order requiring a defendant to remedy ADA violations is a prevailing party, even if the injunction merely enforces preexisting legal obligations. The Ninth Circuit found that the district court misunderstood relevant precedent and clarified that obtaining an enforceable judgment that materially alters the defendant’s behavior is sufficient for prevailing party status. The appellate court reversed the denial of attorney’s fees and remanded the case for further proceedings to determine a reasonable fee award. View "PRICE V. DIAB" on Justia Law

Two former flight attendants alleged that their employer terminated them because of their religious beliefs after they commented on the company’s internal communications platform regarding the company’s public support for proposed federal legislation expanding protections for LGBTQ individuals. One plaintiff’s comment explicitly referenced religious concerns, while the other plaintiff’s comment raised a question about the regulation of morality. Both plaintiffs were members of the flight attendants’ union, which actively participated in the internal investigation and disciplinary process. The union representatives made statements that could be interpreted as disparaging the plaintiffs’ religious beliefs. Both plaintiffs had good employment records, though one had a prior disciplinary history.The United States District Court for the Western District of Washington granted summary judgment for the employer and the union on the federal Title VII claims, finding no genuine dispute of material fact as to whether the terminations were motivated by religious discrimination. The district court also ruled that the Railway Labor Act preempted the plaintiffs’ state-law anti-discrimination claims against the union, dismissing those claims.The United States Court of Appeals for the Ninth Circuit reviewed the district court’s rulings de novo. The appeals court held that, based on the evidence and under both direct/circumstantial and burden-shifting standards, there was a genuine dispute of material fact as to whether the employer terminated the plaintiffs because of their religious beliefs, and as to whether the union attempted to cause or acquiesced in their terminations for the same reason. The court also held that the Railway Labor Act’s duty of fair representation does not impliedly preempt state anti-discrimination claims against unions. The Ninth Circuit reversed the district court’s grant of summary judgment and its dismissal of the state-law claims, remanding for further proceedings. View "BROWN V. ALASKA AIRLINES, INC." on Justia Law

Several unions representing approximately 800,000 federal civilian employees challenged an executive order issued by the President in March 2025. This order, Executive Order 14,251, invoked statutory authority to exclude various federal agencies and subdivisions from collective bargaining rights, citing national security concerns. The agencies affected included the Departments of State, Justice, Veterans Affairs, and others, and the order was accompanied by White House and Office of Personnel Management statements which asserted that union activities impeded national security functions. The unions alleged that the President’s action constituted unlawful retaliation against them for engaging in protected First Amendment activities, including lawsuits and public criticism of the Administration.The case originated in the United States District Court for the Northern District of California. There, the judge granted a preliminary injunction, enjoining the enforcement of Executive Order 14,251 on the grounds that the unions raised a serious question as to whether the order was issued in retaliation for their protected speech. The district court focused on statements in the White House’s supporting materials, finding these reflected hostility toward the unions’ activities. The court did not address the merits of the unions’ other claims.On appeal, the United States Court of Appeals for the Ninth Circuit reviewed the district court’s preliminary injunction. The Ninth Circuit agreed that the district court had jurisdiction to hear the unions’ claims, rejecting the government’s argument that the unions were required to pursue administrative remedies before the Federal Labor Relations Authority. However, the Ninth Circuit vacated the preliminary injunction. The appellate court held that, even if the unions made a prima facie showing of retaliation, the government demonstrated that the President would have issued the order regardless of the unions’ protected conduct, due to legitimate national security concerns. Because the unions did not show a likelihood of success or serious questions on the merits, the preliminary injunction was vacated. View "AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO V. TRUMP" on Justia Law

Joaquin Ciria was convicted in 1991 for the murder of Felix Bastarrica in San Francisco, based largely on the testimony of George Varela, who was 18 at the time and an accomplice to the actual shooter. The conviction rested primarily on Varela’s statement, which he later recanted, claiming that police investigators threatened him with prosecution and fed him a story implicating Ciria. There was no physical evidence linking Ciria to the crime, and eyewitnesses could not positively identify him. In 2022, after serving thirty-two years, Ciria was exonerated when new evidence and witness statements showed he was factually innocent, and it was revealed that the investigators had used coercive tactics during their interrogation of Varela.Following his exoneration, Ciria filed a federal civil rights lawsuit under 42 U.S.C. § 1983 in the United States District Court for the Northern District of California. He alleged that San Francisco Police Inspectors James Crowley and Arthur Gerrans fabricated evidence and maliciously prosecuted him. The district court denied Crowley and Gerrans’s motion for qualified immunity on Ciria’s fabrication-of-evidence and malicious prosecution claims, concluding that a reasonable jury could find the officers had used coercive interrogation tactics and lacked probable cause to charge Ciria.On interlocutory appeal, the United States Court of Appeals for the Ninth Circuit affirmed the district court’s denial of qualified immunity. The court held that, viewing the facts in the light most favorable to Ciria, a reasonable jury could find that the officers threatened and coerced a key witness into fabricating evidence against Ciria and that, as of 1990, it was clearly established that such conduct would violate due process rights. The Ninth Circuit also held that the officers were not entitled to qualified immunity on the malicious prosecution claim because, without the coerced statement, it was not reasonably arguable that probable cause existed to charge Ciria. The court’s decision was affirmed. View "CIRIA V. GERRANS" on Justia Law

The defendant entered the United States in 1999 and remained without legal status after his tourist visa expired in 2000. He applied for and received a Washington concealed pistol license in 2019, falsely claiming to be a U.S. citizen. He also submitted Bureau of Alcohol, Tobacco, Firearms, and Explosives forms indicating citizenship to register handguns. A series of domestic violence incidents led to multiple restraining orders against him, each including a prohibition on owning or possessing firearms. Law enforcement seized firearms, ammunition, and a silencer from his residence in 2022. The defendant admitted to being a Brazilian citizen and acknowledged that he was not permitted to possess firearms due to his immigration status and domestic violence convictions.The United States District Court for the Western District of Washington denied the defendant’s motions to dismiss charges on Second Amendment, materiality, and vagueness grounds. The defendant was convicted in a bench trial based on stipulated facts for unlawful possession of firearms and ammunition as a noncitizen and as a person under a domestic violence restraining order, making false statements during firearm purchases, falsely claiming U.S. citizenship, and unlawful possession of a firearm silencer.The United States Court of Appeals for the Ninth Circuit reviewed the case and affirmed all convictions. The court held that precedent from United States v. Vazquez-Ramirez controlled challenges to 18 U.S.C. § 922(g)(5)(A), confirming the constitutionality of prohibiting firearm possession by noncitizens unlawfully present. Materiality challenges to false statement convictions failed because the Second Amendment does not protect firearm possession by such individuals. The court found that United States v. Rahimi and United States v. VanDyke foreclosed challenges to convictions based on domestic violence restraining orders. The court held that the National Firearms Act’s silencer regulations do not violate the Second Amendment or the Fifth Amendment’s vagueness doctrine. The panel affirmed the district court’s judgment. View "USA V. DEBORBA" on Justia Law

The case concerns a police shooting in Seattle involving an officer and an individual named Shaun Fuhr. Fuhr threatened the mother of his infant daughter, fired a handgun in a public park, and then fled on foot with the child. Despite police commands to stop and a search involving a helicopter and SWAT officers, Fuhr continued to evade authorities for over thirty minutes while still holding his daughter. Eventually, SWAT officers, including Noah Zech, encountered Fuhr in a residential alley. As Fuhr appeared from behind bushes, advancing with the infant in his arms, Zech fired a single shot, killing Fuhr. The baby was unharmed, and Fuhr’s gun was later found nearby.Prior to this appeal, the United States District Court for the Western District of Washington granted summary judgment in favor of Zech and the City of Seattle. The district court held that Zech was entitled to qualified immunity on the excessive force claim under 42 U.S.C. § 1983 and dismissed the plaintiffs’ other claims, including negligence, wrongful death, and claims under state law. The plaintiffs appealed these rulings.The United States Court of Appeals for the Ninth Circuit reviewed the case and affirmed the district court’s decision. The Ninth Circuit held that, even when viewing the facts in the light most favorable to the plaintiffs, Zech did not violate clearly established law by shooting Fuhr under these circumstances. The court found no precedent clearly establishing a Fourth Amendment violation in a case involving a fleeing, possibly armed suspect holding a child after firing a gun and ignoring police commands. Accordingly, Zech was entitled to qualified immunity. The court also affirmed the dismissal of the plaintiffs’ remaining claims. View "FUHR V. CITY OF SEATTLE" on Justia Law

In June 2020, following the murder of George Floyd, protestors established the Capitol Hill Occupied Protest (CHOP), occupying a sixteen-block area in Seattle’s Capitol Hill neighborhood. In response, the Seattle Police Department abandoned its East Precinct and significantly reduced police presence in the affected area, including Cal Anderson Park. The protests and encampments continued to cause disruption, vandalism, and crime for months, with CHOP forcibly disbanded on July 1, 2020, but neighborhood disturbances persisting until December 2020. Two businesses located near Cal Anderson Park, one a restaurant and the other a property owner, claimed that the City’s actions and inaction led to severe economic losses, including lost revenue, property damage, and tenant departures.Previously, these businesses were absent putative class members in the Hunters Capital, LLC v. City of Seattle class action in the United States District Court for the Western District of Washington, which raised similar claims. After class certification was denied and the case settled, the businesses filed individual lawsuits in April and June 2023, consolidated in the district court. The district court dismissed the state-created danger and Takings Clause claims, and found their nuisance claims untimely under the applicable two-year statute of limitations, but did not initially decide on equitable tolling pending further guidance from the Washington Supreme Court. After the Campeau v. Yakima HMA, LLC decision, the district court dismissed the nuisance claims and entered final judgment.On appeal, the United States Court of Appeals for the Ninth Circuit affirmed the dismissal of the state-created danger and Takings Clause claims, holding that the state-created danger doctrine does not extend to purely economic harm and that the cessation of police services did not constitute a compensable taking. However, the appellate court reversed the dismissal of the nuisance claims, holding that equitable tolling under American Pipe is available under Washington law, and remanded for further proceedings on those claims. View "3PAK LLC V. CITY OF SEATTLE" on Justia Law