Every decision we've summarized from United States Court of Appeals for the Ninth Circuit.
The Ninth Circuit denied a petition for review of a Board of Immigration Appeals decision rejecting an asylum claim based on the petitioner's status as a witness to crime or family member of a victim. The court held that the record failed to show Salvadoran society recognizes these categories as socially distinct particular social groups under controlling precedent.
The Ninth Circuit affirmed a restitution order requiring a drug seller to compensate the estate of a purchaser who died from drug consumption. The court held that a buyer who consumes drugs for personal use is a valid victim under the Mandatory Victims Restitution Act and not a participant in the offense.
The Ninth Circuit affirmed the dismissal of a prisoner's Section 1983 claim challenging his removal from a religious diet program. The court held that the plaintiff failed to allege facts supporting a sincerely held religious belief or sufficient supervisory liability.
The Ninth Circuit affirmed the dismissal of Arthur Tsatryan's federal claims, ruling that his lawsuit functioned as an impermissible de facto appeal of prior state divorce judgments. The court held that the Rooker-Feldman doctrine barred federal review because the claims were inextricably intertwined with state court orders and lacked sufficient allegations of extrinsic fraud.
The Ninth Circuit affirmed the dismissal of a pro se plaintiff's Section 1983 lawsuit against a California Superior Court. The court held that state judicial entities are protected by Eleventh Amendment sovereign immunity and cannot be sued for damages in federal court.
The Ninth Circuit affirmed the dismissal of Teri Sahm's foreclosure challenge, ruling that her complaint failed to state a claim due to a lack of factual allegations linking defendants to harm. The court upheld the district court's findings on preclusion, recusal, and vexatious litigant status, leaving the dismissal and restrictions on future filings in place.
The Ninth Circuit affirmed the dismissal of a prisoner's civil rights claims, ruling that he failed to allege facts showing a protected liberty interest or deliberate indifference to his medical needs. The court held that the plaintiff's allegations did not meet the legal standards required to survive a motion to dismiss under the Prison Litigation Reform Act.
The Ninth Circuit affirmed the dismissal of T.M.J.'s IDEA claims, ruling that the two-year statute of limitations began running in 2020 when his parents knew or should have known of the alleged misdiagnosis. The court held that neither statutory exception for misrepresentation nor withholding of information applied to toll the deadline.
The Ninth Circuit affirmed summary judgment for state defendants, holding that states and their agencies are not "persons" subject to suit under 42 U.S.C. § 1983. This ruling forecloses federal civil rights claims against state entities regardless of any waiver of sovereign immunity.
The Ninth Circuit affirmed the dismissal of a pro se landlord-tenant dispute complaint for failing to provide a short and plain statement of the claim under Federal Rule of Civil Procedure 8. The court held that the district court properly denied leave to amend because further amendments would be futile given the plaintiff's prior failures to cure pleading defects.