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

Miller, an assistant city attorney, advised the City of Eugene not to renew contracts with DePaul, a qualified nonprofit agency for individuals with disabilities (QRF) under an Oregon law that requires cities to contract with QRFs in certain circumstances. DePaul sued under 42 U.S.C. 1983, alleging that it held a clearly established constitutionally protected property interest in two 12-month security-service contracts. In 2016, Eugene had decided to modify its security services by requiring that the security service employees be armed and decided not to renew the contracts.The Ninth Circuit reversed the district court and held that Miller was entitled to qualified immunity. No court has considered DePaul’s novel argument that the Oregon QRF statute created a protected property interest in city contracts. Nor does the QRF statute on its face definitively resolve that question. DePaul did not provide any precedent addressing Oregon’s QRF statute or anything closely related. There was no precedent clear enough that every reasonable official would interpret the QRF statute as creating a protected property interest in DePaul’s annual contracts. There was also no precedent considering whether the QRF statute allows the city to end a contract if it seeks new services, such as armed security. View "DePaul Industries v. Miller" on Justia Law

The City of Oakland sued under the Fair Housing Act, claiming that Wells Fargo’s discriminatory lending practices caused higher default rates, which triggered higher foreclosure rates that drove down the assessed value of properties, ultimately resulting in lost property tax revenue and increased municipal expenditures. In 2020, the Ninth Circuit affirmed the denial of Wells Fargo's motion to dismiss claims for lost property-tax revenues and affirmed the dismissal of Oakland's claims for increased municipal expenses.On rehearing, en banc, the Ninth Circuit concluded that all of the claims should be dismissed. Under the Supreme Court’s 2017 holding, Bank of America Corp. v. City of Miami, foreseeability alone is not sufficient to establish proximate cause under the Act; there must be “some direct relation between the injury asserted and the injurious conduct alleged.” The downstream “ripples of harm” from the alleged lending practices were too attenuated and traveled too far beyond the alleged misconduct to establish proximate cause. The Fair Housing Act is not a statute that supports proximate cause for injuries further downstream from the injured borrowers; the extension of proximate cause beyond that first step was not administratively possible and convenient. Oakland also failed sufficiently to plead proximate cause for its increased municipal expenses claim. View "City of Oakland v. Wells Fargo & Co." on Justia Law

The Defendants, Ohana Military Communities, LLC and Forest City Residential Management, began a major housing construction project on Marine Corps Base Hawaii (MCBH) in 2006. MCBH was widely contaminated with pesticides potentially impacting human health. Defendants developed and implemented a Pesticide Soil Management Plan but allegedly never informed residential tenants of the Plan, the decade-long remediation efforts, or known pesticide contamination. Plaintiffs, military servicemember families, filed suit in Hawaii state court alleging 11 different claims under state law. Defendants removed the case to federal court.The Ninth Circuit reversed the denial of the Plaintiffs’ motion to remand. Federal jurisdiction did not exist because, under the Hawaii Admission Act, 73 Stat. 4 (1959), Hawaii had concurrent legislative or political jurisdiction over MCBH, so state law had not been assimilated into federal law. The court rejected an argument that, regardless of any concurrent state jurisdiction, federal jurisdiction exists where federally owned or controlled land is involved, and a substantial federal interest exists. There was no federal officer or agency jurisdiction because there was no causal nexus between the Navy and Ohana under 28 U.S.C. 1442, and Ohana was not a federal agency for purposes of federal jurisdiction. Under the Gunn test, no federal issue was “necessarily raised.” View "Lake v. Ohana Military Communities, LLC" on Justia Law

Melnik, a Nevada prisoner, was charged with unauthorized or inappropriate use of the prison mail system after prison officials intercepted two envelopes addressed to him that contained methamphetamine in secret compartments in the enclosed letters. Melnik asked several times to examine the envelopes or copies of the envelopes, but those requests were denied or ignored. At the prison disciplinary hearing, images of the envelopes and information about their contents were the only evidence presented. Melnik testified that he was innocent and had been framed by other inmates but was found guilty.Melnik filed a 42 U.S.C. 1983 action against six former or current employees of the Nevada Department of Corrections, alleging they denied him the ability to examine the evidence before the prison disciplinary proceeding. The defendants sought summary judgment on the ground that they were entitled to qualified immunity. The Ninth Circuit affirmed the denial of their motion. Melnik had a constitutional right under the Due Process Clause of the Fourteenth Amendment to be permitted to examine documentary evidence for use in the prison disciplinary hearing; that right was clearly established at the time when Melnik was denied access to the material. View "Melnik v. Dzurenda" on Justia Law

Wade filed her claim for Social Security Disability Insurance benefits and Supplemental Security Income in 2015. An ALJ denied Wade’s claim in 2017, finding her not disabled. Following an unsuccessful administrative appeal, Wade filed suit, seeking leave to proceed in forma pauperis (IFP). The district court granted Wade’s IFP motion and, in 2020, entered judgment in the Commissioner’s favor. Wade proceeded IFP with her appeal. The Ninth Circuit found that the ALJ erred, reversed the order affirming the denial of benefits, and remanded for further administrative review. Wade then submitted a bill of appellate costs, seeking $169.65 from the government for copies of briefs and excerpts of record.The Ninth Circuit denied the request. A party who proceeds IFP and prevails on appeal is not entitled to recover taxable costs from the United States, 28 U.S.C. 1915(f)(1); “judgment may be rendered for costs at the conclusion of the suit or action as in other proceedings, but the United States shall not be liable for any of the costs thus incurred.” View "Wade v. Kijakazi" on Justia Law

HC purchased commercial auto liability, commercial umbrella, and commercial general liability (CGL) coverage from United. An HC employee was operating a company truck and trailer. The trailer detached and hit another vehicle, killing the driver and injuring a passenger. To settle the resulting claims, United paid the combined $3 million limits of the commercial auto and umbrella policies but denied coverage under the CGL policy based on the Aircraft, Auto or Watercraft (AAW) exclusion, and the Multiple Liability Coverages Limitation (MLCL) endorsement. United argued that the injuries arose out of the use of a vehicle pulling a loaded equipment trailer, thus arising out of the use of an “auto,” precluding coverage under the CGL policy under the AAW exclusion. Because coverage was provided under the commercial auto policy, United argued that the CGL policy did not provide coverage, pursuant to the MLCL endorsement.The district court found the provisions unambiguous but unenforceable because they were not listed in a table of contents or notice section of important provisions. The Ninth Circuit certified the question to the Montana Supreme Court: Whether, when an insurance policy does not include either a table of contents or a notice section of important provisions, in violation of Mont. Code 33-15-337(2), the insurer may nonetheless rely on unambiguous exclusions or limitations to the policy’s coverage, given that 33-15-334(2) provides that 33-15-337(2) is “not intended to increase the risk assumed under policies subject to” its requirements? View "High Country Paving, Inc. v. United Fire & Casualty Co." on Justia Law

After being spotted in a stolen car, Sanders fled from the police. He led them on a car chase, then on a foot chase. An officer eventually caught up to Sanders, who continued to struggle. An officer then commanded a police dog to bite Sanders’s leg. Sanders was finally subdued and charged with resisting arrest. Sanders ultimately pled “no contest” and filed a civil rights action alleging the use of the police dog was excessive force.The Ninth Circuit affirmed the dismissal of his claims barred by Heck v. Humphrey, under which a 42 U.S.C. 1983 claim must be dismissed if a judgment in favor of the plaintiff would necessarily imply the invalidity of his conviction or sentence unless the conviction or sentence has already been invalidated. While a defendant cannot be convicted of resisting arrest if an officer used excessive force at the time of the acts resulting in the conviction, Sanders could not stipulate to the lawfulness of the dog bite as part of his plea and then use the same act to allege an excessive force claim under section 1983. View "Sanders v. City of Pittsburg" on Justia Law

In 2011, Chacon was charged with conspiracy to possess with intent to distribute 1,000 grams or more of heroin and possession with intent to distribute 100 grams or more of heroin. The prosecution moved under 21 U.S.C. 851 to increase the mandatory minimum sentence based on his 2010 Oregon drug conviction for which Chacon was sentenced to 90 days in jail. Chacon entered a plea agreement. The parties jointly recommended a total sentence of 210 months of incarceration. His total Offense Level included enhancements for possession of a firearm, aggravating role as a leader, and using children in the offense. The resulting applicable guideline range was 210–262 months. The court sentenced Chacon to 210 months’ imprisonment.The district court rejected his motions for 18 U.S.C. 3582(c) sentence reduction, based on Sentencing Guidelines Amendment 782, which reduced most base offense levels in the U.S.S.G. 2D1.1 Drug Quantity Table. The Ninth Circuit reversed. The legislative and judicial developments affecting mandatory statutory minimums are relevant considerations to the 18 U.S.C. 3553(a) factors at step two of a motion for reduction of sentence under 18 U.S.C. 3582(c)(2). The district court apparently believed that it did not have the discretion to consider such developments. View "United States v. Lizarraras-Chacon" on Justia Law

Cui. a Chinese citizen, overstayed her work visa and applied for asylum. In 2014, Cui was arrested while out of state. Neither she nor her counsel attended her merits hearing before the IJ. She was ordered removed in absentia. Although Cui engaged a second lawyer, that lawyer incorrectly filed an appeal to the BIA. In July 2014, Cui’s counsel attempted to file a motion to reopen before the IJ, but the clerk rejected and did not file the motion because of the pending appeal and because another attorney was counsel of record in the immigration court. Cui’s counsel did not attempt to rectify his errors or refile the motion to reopen within the statutorily allotted 180 days, 8 U.S.C. 1229a(b)(5)(C)(i).Over two years later, after the BIA returned Cui’s case to the IJ for lack of jurisdiction to consider the erroneous appeal, Cui’s counsel again moved to reopen before the IJ. Both the IJ and the BIA dismissed the 2016 motion as untimely. The Ninth Circuit denied a petition for review. The 180-day deadline to file a motion to reopen was not tolled. The BIA neither abused its discretion in determining that Cui’s 2016 motion was untimely nor legally erred by declining to sua sponte reopen her case. View "Cui v. Garland" on Justia Law

In 1995, Demetrulias was sentenced to death for the fatal stabbing of Miller. Demetrulias claimed that he killed Miller in a struggle initiated by Miller when Demetrulias visited his home to collect a $40 debt. The prosecution maintained that Demetrulias stabbed Miller in the commission of a robbery.The Ninth Circuit affirmed the denial of habeas corpus relief. Even if Demetrulias’s argument that the trial court violated his due process rights by allowing the prosecution to introduce victim character evidence in a preemptive attack on Demetrulias’s assertion of self-defense. is not barred by procedural default, the admission of the statements did not amount to constitutional error. The challenged testimony was brief and non-inflammatory and did not seek to portray Demetrius as evil but portrayed the victims as non-violent, Demetrulias also argued that if the court had given a claim-of-right instruction, the jury would have had a legal basis for finding that Demtrulias intended to collect a debt, not to rob Miller, thereby negating the specific intent to prove robbery, and would have acquitted Demetrulias of the sole special circumstance charge. Any error in failing to give the instruction was harmless as was any error in failing to give a requested instruction of voluntary manslaughter based on heat-of-passion. The California Supreme Court could reasonably have concluded that trial counsel made a reasonable strategic decision in not presenting evidence of organic brain damage and mental health diagnoses. View "Demetrulias v. Davis" on Justia Law