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

Ohio House, LLC operates a sober-living facility in Costa Mesa, California, within a multiple-family residential (MFR) zone. The City of Costa Mesa notified Ohio House that it was subject to Ordinance 15-11, which mandates that group homes with over six residents in MFR zones obtain a conditional-use permit and meet a separation requirement. Ohio House's application for a permit was denied due to non-compliance with the separation requirement, and its request for a reasonable accommodation was also denied.The United States District Court for the Central District of California granted partial summary judgment to the City on Ohio House's disparate-impact claim and denied Ohio House's post-verdict motions. The jury found in favor of the City on Ohio House's remaining claims, including disparate treatment, discriminatory statements, interference with fair housing rights, and reasonable accommodation. The district court also ruled that Ohio House's claim under California Government Code § 65008 was time-barred.The United States Court of Appeals for the Ninth Circuit affirmed the district court's rulings. The court held that Ohio House failed to establish facial disparate treatment as a matter of law because the City's group-living regulations facially benefit disabled individuals. The court also affirmed the summary judgment for the City on the disparate-impact claim, agreeing that Ohio House did not prove a significant, adverse, and disproportionate effect on a protected group. The court upheld the jury's verdict on the discriminatory statements claim, finding no unlawful discriminatory statements by the City. The court also affirmed the denial of judgment as a matter of law on the interference claim, concluding that Ohio House failed to prove a causal link between its protected activity and the City's actions. Finally, the court affirmed the denial of judgment as a matter of law on the reasonable accommodation claim, agreeing that the requested accommodation was unreasonable as it would fundamentally alter the City's zoning scheme. The court also upheld the district court's ruling that Ohio House's § 65008 claim was time-barred. View "THE OHIO HOUSE, LLC V. CITY OF COSTA MESA" on Justia Law

The case involves Planned Parenthood and two physicians challenging the Idaho Attorney General's interpretation of Idaho Code § 18-622(1), which criminalizes performing or attempting to perform an abortion and imposes professional licensing penalties on healthcare providers who assist in performing or attempting to perform an abortion. The Attorney General issued an opinion letter stating that the statute prohibits medical providers from referring patients to out-of-state abortion providers. Plaintiffs argued that this interpretation violates their First Amendment rights by preventing them from providing information about abortion services in other states.The United States District Court for the District of Idaho granted a preliminary injunction, preventing the Attorney General from enforcing his interpretation of the statute. The court found that the plaintiffs had standing, the case was ripe and not moot, and the Attorney General was a proper defendant under Ex parte Young. The court held that the plaintiffs were likely to succeed on the merits of their First Amendment claim and would suffer irreparable harm without an injunction.The United States Court of Appeals for the Ninth Circuit affirmed the district court's decision. The Ninth Circuit held that the plaintiffs had established Article III standing, as they demonstrated a credible threat of prosecution under the Attorney General's interpretation. The case was deemed ripe and not moot despite the Attorney General's withdrawal of the opinion letter, as the withdrawal did not disavow the interpretation. The court also held that the Attorney General was a proper defendant under Ex parte Young due to his authority to assist in the enforcement of the statute. The Ninth Circuit agreed with the district court that the plaintiffs were likely to succeed on the merits of their First Amendment claim and affirmed the preliminary injunction. The request for reassignment to a different district judge was denied. View "PLANNED PARENTHOOD GREAT NORTHWEST, HAWAII, ALASKA V. LABRADOR" on Justia Law

Barry Ray Knight was convicted of receipt and possession of child pornography. He frequently downloaded child pornography using a peer-to-peer file-sharing network called BitTorrent. In January 2021, undercover officers downloaded files from Knight’s computer that contained child pornography. A search warrant was executed at Knight’s home, revealing over 3,100 videos and 115,000 still images of child pornography on his electronic devices. Knight was convicted after a bench trial and sentenced to 192 months in prison, followed by a lifetime of supervised release.The United States District Court for the District of Nevada imposed several conditions of supervised release, including a special condition prohibiting Knight from viewing or possessing any visual depictions of sexually explicit conduct involving children or adults. Knight did not object to this condition at trial but later argued on appeal that it was overbroad, relying on United States v. Cope. The district court also failed to orally pronounce the standard conditions of supervised release during sentencing.The United States Court of Appeals for the Ninth Circuit reviewed Knight’s appeal. The court rejected Knight’s argument that the special condition was overbroad, distinguishing it from Cope because it only applied to visual depictions and not to materials describing child pornography. The court found no error in the special condition and concluded that it was not unduly restrictive. However, the Ninth Circuit vacated the standard conditions of supervised release that were not orally pronounced and remanded the case to the district court for reconsideration of those conditions. The court otherwise affirmed Knight’s conviction and sentence. View "U.S. v. Knight" on Justia Law

Dominic Dorsey was convicted of multiple federal crimes related to a series of robberies committed by two disguised men. The evidence at trial included surveillance video footage of the robberies. A police detective, who had extensively reviewed the surveillance video, testified as a lay witness about details in the video that the jury might have missed. The detective also identified Dorsey and his co-defendant, Reginald Bailey, as the disguised robbers based on his comparison of the video footage and still images.The United States District Court for the Central District of California admitted the detective's testimony under Federal Rule of Evidence 701, which allows lay opinion testimony if it is helpful to determining a fact in issue. The jury found Dorsey guilty on all charges, and he was sentenced to 40 years in prison. Dorsey appealed, challenging the admissibility of the detective's identification testimony.The United States Court of Appeals for the Ninth Circuit reviewed the case. The court held that the detective's narrative testimony about the details in the surveillance video was admissible because it helped the jury understand the evidence. However, the court found that the detective's identification of Dorsey and Bailey as the robbers was inadmissible under Rule 701. The court reasoned that the detective's identification opinions were not helpful because they were based on evidence already before the jury, and the detective did not have personal knowledge or experience that would make his identification more reliable than the jury's own assessment.Despite this error, the Ninth Circuit concluded that the admission of the detective's identification testimony was harmless. The court noted that there was overwhelming evidence of Dorsey's guilt, including witness testimony, cell phone records, and other corroborating evidence. Therefore, the court affirmed Dorsey's conviction. View "USA V. DORSEY" on Justia Law

Windy Cove, Inc., HB Fuels, Inc., and Staffing and Management Group, Inc. (collectively “Windy Cove”) are gasoline dealers who own Mobil-branded stations in southern California. In 2012, they entered into a 15-year exclusive fuel supply agreement with Circle K Stores Inc. as required by the agreement under which they purchased their gas stations from ExxonMobil. Windy Cove alleged that Circle K did not set gasoline prices in good faith under this exclusive distributorship contract.The United States District Court for the Southern District of California granted summary judgment in favor of Circle K. The court found that the prices charged by Circle K were within the range of those charged by its competitors, including at least one refiner, and thus were set in good faith under California Commercial Code § 2305(2). Windy Cove failed to provide evidence that Circle K's prices were discriminatory or commercially unreasonable.The United States Court of Appeals for the Ninth Circuit reviewed the case. The court affirmed the district court’s summary judgment, holding that Circle K’s prices were presumptively set in good faith because the contract had a “price in effect” term. The court noted that the safe harbor provision under Uniform Commercial Code § 2-305, which is codified as California Commercial Code § 2305(2), presumes good faith if the prices are within the range of those charged by competitors. The court found that Circle K’s prices were lower than at least one refiner, thus falling within the range of prices charged by competitors. Windy Cove’s arguments regarding Circle K’s use of a non-industry-standard pricing formula and higher prices compared to other wholesalers did not rebut the presumption of good faith. The court concluded that summary judgment was appropriate and affirmed the district court’s decision. View "WINDY COVE, INC. V. CIRCLE K STORES INC." on Justia Law

The case involves Idaho's abortion trafficking statute, Idaho Code §18-623, which criminalizes procuring an abortion or obtaining an abortion-inducing drug for an unemancipated minor by recruiting, harboring, or transporting the minor with the intent to conceal the abortion from the minor’s parents or guardian. Plaintiffs, including an Idaho attorney and two advocacy organizations, sought to counsel pregnant minors and provide material support for accessing legal abortions in other states. They challenged the statute, arguing it violated the First Amendment and was void for vagueness.The United States District Court for the District of Idaho granted a preliminary injunction against the statute, finding that the plaintiffs had standing and that the Idaho attorney general was a proper defendant under Ex parte Young. The court concluded that the plaintiffs were likely to succeed on the merits of their First Amendment and void-for-vagueness claims. The district court also partially granted and denied Idaho’s motion to dismiss, dismissing only the claim regarding the right to intrastate travel.The United States Court of Appeals for the Ninth Circuit reviewed the case. The court affirmed the district court’s finding that the plaintiffs had standing and that the Idaho attorney general was a proper defendant. The Ninth Circuit held that the plaintiffs were unlikely to succeed on their claims that the statute was void for vagueness or that it infringed on their rights to expressive association. However, the court found that the plaintiffs were likely to succeed on their claim that the statute’s “recruiting” prong unconstitutionally infringed on their protected speech. The court determined that the “recruiting” provision was overbroad and could be severed from the rest of the statute. Consequently, the Ninth Circuit affirmed the preliminary injunction against enforcing the “recruiting” prong but reversed the district court’s decision regarding the other claims and remanded for modification of the preliminary injunction. View "Matsumoto v. Labrador" on Justia Law

Sterling Atkins, the petitioner, was convicted by a Nevada jury of murder, conspiracy to commit murder, first-degree kidnapping, and sexual assault, and was sentenced to death. The Nevada Supreme Court affirmed all counts except for the sexual assault conviction, which it reversed. Atkins then sought state postconviction relief, which was denied, and subsequently filed a federal habeas corpus petition under 28 U.S.C. § 2254.In the federal district court, Atkins raised several claims, including ineffective assistance of trial counsel during the penalty phase for failing to investigate and present additional mitigating evidence, and for inadequately preparing a psychological expert. The district court denied these claims, finding that the Nevada Supreme Court's denial was reasonable under AEDPA standards. The court also found that Atkins's claim regarding the psychological expert was procedurally defaulted and that he could not meet the Martinez v. Ryan standard to excuse the default.Atkins also challenged a jury instruction regarding the possibility of parole, arguing it was misleading and that the prosecutor improperly invited the jury to speculate about parole. The district court found this claim unexhausted and procedurally defaulted, and Atkins failed to show cause to excuse the default.Atkins sought to expand the certificate of appealability to include claims of ineffective assistance of trial counsel during the guilt phase for failing to investigate his psychological background and a claim that trial counsel had a financial conflict of interest. The court denied these requests, finding that the claims were either procedurally defaulted or lacked merit.The United States Court of Appeals for the Ninth Circuit affirmed the district court's denial of Atkins's habeas petition and denied his request to expand the certificate of appealability. The court held that the Nevada Supreme Court reasonably denied Atkins's claims of ineffective assistance of counsel and that Atkins failed to demonstrate cause and prejudice to excuse the procedural defaults of his other claims. View "ATKINS V. BEAN" on Justia Law

A state prisoner, Chance Blackman, filed a federal habeas petition over a year after the federal statute of limitations had expired. Blackman argued that he was entitled to equitable tolling due to severe mental and physical impairments that prevented him from filing on time. Despite his claims, Blackman had managed to file multiple state habeas petitions before and after the federal deadline.The United States District Court for the Central District of California dismissed Blackman's federal habeas petition as untimely. The court found that Blackman did not meet the requirements for equitable tolling because he had access to legal assistance and was able to file cogent state habeas petitions during the relevant period. The court concluded that Blackman’s impairments were not the but-for cause of his delay in filing the federal petition.The United States Court of Appeals for the Ninth Circuit reviewed the case and affirmed the district court’s judgment. The Ninth Circuit held that Blackman did not satisfy the second prong of the Bills v. Clark test, which requires showing that the impairment was a but-for cause of the delay. The court noted that Blackman’s ability to file multiple state petitions indicated that his impairments did not make it impossible for him to meet the federal filing deadline. Consequently, the court did not need to address the first prong of the Bills test or Blackman’s statutory tolling argument, as his federal habeas petition would have been untimely even with the statutory tolling he claimed. The court also denied Blackman’s request for an evidentiary hearing, finding no further factual development was necessary. View "BLACKMAN V. CISNEROS" on Justia Law

King County, Washington, issued Executive Order PFC-7-1-EO, which directed county officials to ensure that future leases at Boeing Field prohibit fixed base operators (FBOs) from servicing U.S. Immigration and Customs Enforcement (ICE) charter flights. This order was based on the county's disagreement with federal immigration policies. Following the issuance of the order, all three FBOs at Boeing Field ceased servicing ICE flights, forcing ICE to relocate its operations to Yakima Air Terminal, which increased operational costs and security concerns.The United States District Court for the Western District of Washington granted summary judgment for the United States, finding that the Executive Order violated both the Supremacy Clause’s intergovernmental immunity doctrine and a World War II-era contract reconveying Boeing Field to King County. The district court concluded that the Executive Order discriminated against the federal government and its contractors and breached the Instrument of Transfer, which required King County to allow the United States nonexclusive use of the landing area at Boeing Field.The United States Court of Appeals for the Ninth Circuit affirmed the district court’s decision. The Ninth Circuit held that the United States had Article III standing to bring the suit, as it had suffered concrete and particularized injuries due to the increased operational costs and imminent risk of future injury from the Executive Order. The court also found that the United States’ claims were ripe for adjudication.The Ninth Circuit concluded that the Executive Order violated the Instrument of Transfer by preventing ICE from using Boeing Field, thus breaching the contractual right of the United States to use the airport. Additionally, the court held that the Executive Order violated the intergovernmental immunity doctrine by improperly regulating federal operations and discriminating against the federal government and its contractors. The court rejected King County’s defenses, including the anti-commandeering and market participant doctrines. The judgment of the district court was affirmed. View "USA V. KING COUNTY" on Justia Law

Dr. Fares Jeries Rabadi, a licensed physician in California, had his certificate of registration to dispense controlled substances revoked by the Drug Enforcement Administration (DEA). The DEA initiated an investigation into Rabadi in April 2018 due to his high-risk prescribing practices. In March 2020, the DEA issued an Order to Show Cause and Immediate Suspension of Registration, alleging that Rabadi issued numerous prescriptions for controlled substances outside the usual course of professional practice and not for a legitimate medical purpose to seven individuals. Rabadi requested a hearing before an administrative law judge (ALJ), which took place in September 2020. The ALJ found Rabadi's testimony not credible and recommended revoking his registration. The DEA Administrator adopted the ALJ's recommendations with minor modifications and revoked Rabadi's registration.Rabadi petitioned for review, arguing that the DEA's revocation was invalid because DEA ALJs are unconstitutionally insulated from removal by two layers of "for-cause" protections. The United States Court of Appeals for the Ninth Circuit reviewed the case. The court held that Rabadi's argument failed under Decker Coal Co. v. Pehringer, which found similar ALJ removal protections constitutional. The court noted that DEA ALJs perform purely adjudicatory functions, Congress does not mandate the use of ALJs for DEA hearings, and DEA ALJ decisions are reviewed de novo by the DEA Administrator, who is removable at will by the President.Rabadi also argued that the DEA Administrator's order was arbitrary and capricious. The court rejected this argument, finding that the Administrator properly ignored Rabadi's unsupported defense regarding high dosages of prescribed drugs and appropriately analyzed the public interest factors, including Rabadi's lack of a conviction record. The Ninth Circuit denied Rabadi's petition for review, upholding the DEA Administrator's order. View "RABADI V. USDEA" on Justia Law