April 15, 2026·2:19-cv-00617-KJM-AC·Published·Murguia·By Aisha Johnson
The United States Court of Appeals for the Ninth Circuit has vacated a three-judge panel opinion in this civil rights case. The court ordered that the matter be reheard en banc by the full court.
This case involves a civil rights claim brought by a prisoner against the Attorney General of California. The matter was initially heard by a three-judge panel of the Ninth Circuit.
The court’s reasoning
The court acted upon the vote of a majority of nonrecused active judges to order a rehearing en banc pursuant to Federal Rule of Appellate Procedure forty and Circuit Rule forty-three.
What it means going forward
The legal effect of this order is to nullify the previous panel decision and reset the case for full court consideration.
