July 8, 2026·1:20-cv-00314-DCN·Unpublished·By Aisha Johnson
The United States Court of Appeals for the Ninth Circuit affirmed the district court's grant of summary judgment in a pro se prisoner civil rights appeal. The panel held that the appellant forfeited all legal challenges because his opening brief failed to present coherent arguments with supporting citations.
Jody Carr, proceeding pro se, appealed from the district court’s grant of summary judgment to Defendants in his action alleging unconstitutional confinement conditions and due process violations.
The court’s reasoning
The panel reviewed the appellant’s opening brief and found that it contained no arguments with contentions, reasons, or citations to authorities as required by Federal Rule of Appellate Procedure twenty-eight. While the court must liberally construe pro se briefing, it cannot manufacture arguments for the appellant. Consequently, any legal challenges to the summary judgment were deemed forfeited under Ninth Circuit precedent.
What it means going forward
The decision reinforces the requirement that pro se litigants must adequately develop their legal arguments in appellate briefs to avoid forfeiture of claims.
