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

9th Circuit August 2015 News

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.