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

Plaintiff filed suit under 42 U.S.C. 1983, alleging that the conditions of his confinement as a civil detainee while awaiting the adjudication of an involuntary petition under California's Sexually Violent Predator Act violated substantive due process. The Ninth Circuit held that plaintiff's confinement triggered both presumptions under Jones v. Blanas, 393 F.3d 918, 931–35 (9th Cir. 2004), that the conditions of his civil detention amounted to punishment. In this case, sexually violent predator detainees in the Twin Towers Correctional Facility were subject to essentially the same conditions of confinement as their criminal counterparts, and conditions in the sexually violent predator unit in the facility were more restrictive than conditions at Coalinga State Hospital. The panel reversed the district court's grant of summary judgment on plaintiff's claims for damages against the County and against the sheriff in his official capacity; affirmed the district court's grant of summary judgment as to plaintiff's claims for damages against the sheriff in his individual capacity; and noted that plaintiff's claim for injunctive relief was moot because he died during the pendency of this appeal. View "King v. County of Los Angeles" on Justia Law

The Ninth Circuit reversed the district court's dismissal of plaintiff's claims based on lack of Article III standing. Plaintiffs filed suit against online retailer Zappos.com, alleging that they were harmed by hacking of their accounts. The panel held that plaintiffs sufficiently alleged standing based on the risk of identity theft under Krottner v. Starbucks Corp., 628 F.3d 1139 (9th Cir. 2010). Plaintiffs also alleged an injury in fact under Krottner, based on a substantial risk that the Zappos hackers will commit identity fraud or identity theft. The panel explained that it assessed standing at the time the complaints were filed, not as of the present. Finally, the panel held that plaintiffs sufficiently alleged that the risk of future harm was fairly traceable to the conduct being challenged and that their identity theft injury was redressable. The panel addressed an issue raised by sealed briefing in a concurrently filed memorandum disposition. View "Stevens v. Zappos.com, Inc." on Justia Law

The Ninth Circuit reversed the district court's dismissal of plaintiff's claims based on lack of Article III standing. Plaintiffs filed suit against online retailer Zappos.com, alleging that they were harmed by hacking of their accounts. The panel held that plaintiffs sufficiently alleged standing based on the risk of identity theft under Krottner v. Starbucks Corp., 628 F.3d 1139 (9th Cir. 2010). Plaintiffs also alleged an injury in fact under Krottner, based on a substantial risk that the Zappos hackers will commit identity fraud or identity theft. The panel explained that it assessed standing at the time the complaints were filed, not as of the present. Finally, the panel held that plaintiffs sufficiently alleged that the risk of future harm was fairly traceable to the conduct being challenged and that their identity theft injury was redressable. The panel addressed an issue raised by sealed briefing in a concurrently filed memorandum disposition. View "Stevens v. Zappos.com, Inc." on Justia Law

The Ninth Circuit denied without prejudice a petition for a writ of mandamus where federal defendants sought an order directing the district court to dismiss a case seeking various environmental remedies. Plaintiffs, twenty-one young individuals, filed suit alleging defendants have contributed to climate change in violation of plaintiffs' constitutional rights. Defendants argued that allowing the case to proceed would result in burdensome discovery obligations on the federal government that would threaten the separation of powers. The panel held that defendants did not not satisfy the Bauman factors at this stage of the litigation, and the issues that defendants raised on mandamus were better addressed through the ordinary course of litigation. In this case, the district court had not issued a single discovery order, plaintiffs have not filed a single motion seeking to compel discovery, any merits errors were correctable through the ordinary course of litigation, and there was no controlling Ninth Circuit authority on any of the theories asserted by plaintiff. Therefore, the panel declined to exercise its discretion in granting mandamus relief. View "United States v. USDC-ORE" on Justia Law

The Ninth Circuit denied without prejudice a petition for a writ of mandamus where federal defendants sought an order directing the district court to dismiss a case seeking various environmental remedies. Plaintiffs, twenty-one young individuals, filed suit alleging defendants have contributed to climate change in violation of plaintiffs' constitutional rights. Defendants argued that allowing the case to proceed would result in burdensome discovery obligations on the federal government that would threaten the separation of powers. The panel held that defendants did not not satisfy the Bauman factors at this stage of the litigation, and the issues that defendants raised on mandamus were better addressed through the ordinary course of litigation. In this case, the district court had not issued a single discovery order, plaintiffs have not filed a single motion seeking to compel discovery, any merits errors were correctable through the ordinary course of litigation, and there was no controlling Ninth Circuit authority on any of the theories asserted by plaintiff. Therefore, the panel declined to exercise its discretion in granting mandamus relief. View "United States v. USDC-ORE" on Justia Law

The Ninth Circuit affirmed the district court's grant of summary judgment for the Department in an action brought by private ambulance companies challenging the reimbursement rate for their transportation of patients covered by Medi-Cal. The panel held that plaintiffs failed to carry their burden of producing evidence upon which a reasonable jury could return a verdict in their favor and thus the district court did not err in entering judgment in the Department's favor on the Takings Clause claim. The panel reasoned that the ambulance companies lacked a constitutionally protected property interest in a particular reimbursement rate, but the mandatory-care provision of Cal. Health & Safety Code 1317(d) implicated a constitutionally protected property right. The panel held that section 1317(d) did not effect a regulatory taking under the Penn Central test. The panel also held that the ambulance companies did not establish a due process claim regarding DHCS's failure to ensure that Medi-Cal reimbursement rates kept pace with their costs because they lacked a constitutionally protected interest in any particular reimbursement rate. View "Sierra Medical Services Alliance v. Kent" on Justia Law

The Ninth Circuit affirmed the district court's grant of summary judgment for the Department in an action brought by private ambulance companies challenging the reimbursement rate for their transportation of patients covered by Medi-Cal. The panel held that plaintiffs failed to carry their burden of producing evidence upon which a reasonable jury could return a verdict in their favor and thus the district court did not err in entering judgment in the Department's favor on the Takings Clause claim. The panel reasoned that the ambulance companies lacked a constitutionally protected property interest in a particular reimbursement rate, but the mandatory-care provision of Cal. Health & Safety Code 1317(d) implicated a constitutionally protected property right. The panel held that section 1317(d) did not effect a regulatory taking under the Penn Central test. The panel also held that the ambulance companies did not establish a due process claim regarding DHCS's failure to ensure that Medi-Cal reimbursement rates kept pace with their costs because they lacked a constitutionally protected interest in any particular reimbursement rate. View "Sierra Medical Services Alliance v. Kent" on Justia Law

Plaintiff and her minor child filed suit against officers and employees of the Child Protective Services (CPS) division of the Arizona Department of Economic Security (ADES), alleging violations of plaintiff's constitutuional rights to familial association. In this case, CPS removed the child from plaintiff's custody following the child's hospitalization for depression and suicidal ideation. The panel held that the allegations in the complaint were sufficient to state a claim to relief that was plausible on its face. In this case, a reasonable official in defendant's position would know that the available information did not establish reasonable cause to believe that the child was in imminent danger of attempting to commit suicide, or that it was necessary to separate her from her mother, transfer her to another hospital and continue to detain her after medical professionals at the hospital concluded she was a low suicide risk. Therefore, the district court erred in dismissing the familial association claim against defendants Koile and Pender on the basis of qualified immunity. However, the district court did not err in granting the motion to dismiss plaintiff's claim that defendants violated plaintiff and her child's due process right to be free from deliberately false statements during juvenile court proceedings. Finally, the district court did not err in dismissing claims against the remaining defendants. View "Keates v. Koile" on Justia Law

Plaintiff and her minor child filed suit against officers and employees of the Child Protective Services (CPS) division of the Arizona Department of Economic Security (ADES), alleging violations of plaintiff's constitutuional rights to familial association. In this case, CPS removed the child from plaintiff's custody following the child's hospitalization for depression and suicidal ideation. The panel held that the allegations in the complaint were sufficient to state a claim to relief that was plausible on its face. In this case, a reasonable official in defendant's position would know that the available information did not establish reasonable cause to believe that the child was in imminent danger of attempting to commit suicide, or that it was necessary to separate her from her mother, transfer her to another hospital and continue to detain her after medical professionals at the hospital concluded she was a low suicide risk. Therefore, the district court erred in dismissing the familial association claim against defendants Koile and Pender on the basis of qualified immunity. However, the district court did not err in granting the motion to dismiss plaintiff's claim that defendants violated plaintiff and her child's due process right to be free from deliberately false statements during juvenile court proceedings. Finally, the district court did not err in dismissing claims against the remaining defendants. View "Keates v. Koile" on Justia Law

The Ninth Circuit reversed the district court's grant of summary judgment in favor of officers in a 42 U.S.C. 1983 action. Plaintiff filed suit alleging that officers violated his Fourth Amendment rights when they forced their way into his home without a warrant, threw him to the ground and then tasered and arrested him. In Georgia v. Randolph, 547 U.S. 103 (2006), the Supreme Court held that a warrantless search was unreasonable as to a defendant who was physically present and expressly refused consent to entry. The panel held that Randolph closely paralleled this case, and the warrantless entry into plaintiff's home violated the Fourth Amendment because none of the lawful exceptions to the warrant requirement applied. Accordingly, the court remanded for further proceedings. View "Bonivert v. City of Clarkston" on Justia Law