U.S. Ninth Circuit - The FindLaw 9th Circuit News and Information Blog

U.S. Ninth Circuit - The FindLaw 9th Circuit Court of Appeals Opinion Summaries Blog


A California public defender can continue with her lawsuit against the deputy sheriff who handcuffed her and dragged her through a courthouse, the Ninth Circuit ruled last week. A district court had ruled that the deputy, who was seeking to make sure that the attorney appeared when her case was called, had qualified immunity from the suit, an argument the Ninth rejected. There's no way that the deputy could reasonably believe he had a valid Fourth Amendment reason for the arrest, the unanimous panel held in an opinion by Judge Kozinski.

The ruling revives public defender Florentina Demuth's section 1983 suit against the county and sheriff's department of Los Angeles. At the same time, however, Kozinski scolded both parties for allowing a "tiff" to extend into a lawsuit that has lasted years and cost the city more than $1 million.

The NCAA was given a brief reprieve from implementing payments to former college athletes after the Ninth Circuit granted them a stay last Friday. Without the stay, the association would have been required to start making payments to college football and basketball players for the use of their names, images, and likeness, following a player led anti-trust suit last year.

That suit, filed by former UCLA basketball star Ed O'Bannon and 19 other former college athletes, overturned NCAA rules which had prevented students from sharing in proceeds generated by the use of their likenesses. Now, the NCAA will be allowed to maintain its current rules while the Ninth considers its appeal.

States can require pharmacies to dispense birth control even if the pharmacy's owner has religious objections, the Ninth Circuit ruled yesterday. The Court upheld a Washington State law that allowed individual pharmacists to refuse to fill prescriptions because of religious objections, so long as another onsite pharmacist will do so.

Pharmacy owners from Washington had objected, arguing that forcing them to fill birth control prescriptions violated their religious beliefs. A unanimous Ninth Circuit panel disagreed, however, finding that the rules were a neutral, rational regulation of the pharmacy industry.

Arizona shares a border with Mexico and Mexican-Americans make up a bit under a third of its citizens. Prior to the Mexican-American War, Arizona was even a part of Mexico. Despite the facts, Arizona declared ethnic studies illegal in 2010 and quickly banned Tucson's Mexican American studies program.

The state's attorney general at the time said that high school classes focusing on Mexican American history were "propagandizing and brainwashing." Tucson school board members feared that teachers were indoctrinating students through burritos -- seriously. The Ninth Circuit, thankfully, brought a little sanity back into the conversation, ruling this Tuesday that the law was at least partially unconstitutional.

Right before it left for summer break, the Supreme Court granted cert to a case that will leave many teachers worried about their future. On the last day of its 2015 term, the Court agreed to review a constitutional challenge to state rules requiring some government workers to pay fees to unions they have not joined. The suit came from a group of non-union California school teachers who claimed the fees infringed upon their First Amendment rights.

According to the non-union teachers, they should not be forced to financially support a union they do not agree with. Labor advocates, the California Attorney General, and Supreme Court precedent, however, argue that the teachers benefit from organized labor and should therefore be required to pay their fair share for the benefit. It's likely that precedent won't stand much longer.

The Supreme Court has upheld Arizona's use of independent commissions in drawing legislative districts. In order to prevent gerrymandering, the state elected, through public referendum, to establish an independent commission to draw congressional districts. The state legislature challenged this practice, arguing that it violated the constitution's Elections Clause, which declares that the time, place and manner of Congressional elections should be determined "in each State by the Legislature therefor," though Congress can alter those regulations.

The opinion, written by Justice Ginsburg and joined by Kennedy, Breyer, Sotomayor, and Kagan, held that states weren't limited to having their legislatures in charge of legislative districting, so long as the choice is enacted through proper means. "Legislature," read this way, isn't limited to elective representatives -- it means any law-making authority, including the people themselves.

The Ninth Circuit, sitting en banc, reheard oral arguments last Tuesday in the case of Peruta v. San Diego County, a controversial challenge to California's concealed carry laws. In California, concealed carry -- the possession of a concealed firearm in public -- is generally prohibited, with permits issued only when one can show just cause for needing to take their gun out for a walk through the town square. Personal safety alone is not enough.

Two Ninth Circuit judges struck down that rule in February, 2014, holding that the "right to bear arms includes the right to carry an operable firearm outside the home for the lawful purpose of self-defense." The en banc rehearing could repudiate that decision.

Just in time for the release of the third season of "Orange is the New Black," the Ninth Circuit has decided an important case involving the governance of women's prisons. If you're a fan of the show, you'll remember that last season, one female prisoner was impregnated by a guard.

Such a plot point wouldn't be possible were the show set in Washington state, where state law prevents male correctional officers from working in many positions in women's prisons. That restriction isn't prohibited sex discrimination under Title VII of the Civil Rights Act, the Ninth Circuit ruled last Friday.

Shell is more excited than ever to begin searching for oil off the coast of Alaska. Last Thursday, the Ninth Circuit removed a major hurdle for Shell's exploration plans by approving the company's Arctic spill response plans.

When the Bureau of Safety and Environmental Enforcement (BSEE) approved Shell's response plans, a number of environmental organizations sued the Secretary of the Interior and the Department of the Interior under the Administrative Procedures Act. The district court found for Shell, determining that the BSEE's approval wasn't arbitrary or capricious. The Ninth Circuit agreed.

Big Lagoon Rancheria, an Indian tribe near Humboldt County, CA, won a major victory in a recent Ninth Circuit decision. Following the decision, the tribe may finally be able to go forward with its plans to build a new Indian casino and hotel.

The lawsuit involved a few acres of land near Humboldt County. In 1994, the Bureau of Indian Affairs (BIA) gave this land in trust to Big Lagoon Rancheria, a small but federally recognized tribe.