The Ninth Circuit denies qualified immunity to two former SFPD inspectors accused of fabricating evidence that led to Joaquin Ciria’s 32-year wrongful imprisonment, holding that the right not to be charged based on deliberately fabricated evidence was clearly established by 1990.
In a companion to the published Ciria v. Gerrans opinion, the Ninth Circuit grants qualified immunity on the wrongfully imprisoned man’s son’s familial association claim, finding the specific right was not clearly established in 1990 — even though the father’s own fabrication-of-ev
Ninth Circuit affirms firearms convictions, holding that silencers are optional accessories outside the Second Amendment’s plain text and that the NFA’s registration requirements are a constitutional shall-issue licensing regime.
Ninth Circuit revives a Section 1983 deliberate fabrication claim against a Garden Grove detective whose police report significantly mischaracterized recorded witness statements on a critical issue in the case.
The Ninth Circuit, sitting en banc, reverses a district court that ended a $1.1 million civil forfeiture case as a discovery sanction, holding that the claimant established standing and gave the government enough information to investigate his ownership claim.
The Ninth Circuit reverses the denial of qualified immunity for a Gardena jail officer whose detainee committed suicide, finding that inconsistent information about the detainee’s suicide risk did not put the officer on clear constitutional notice—over a vigorous dissent.
The Ninth Circuit held that a California conviction for assault with a firearm under Penal Code § 245(a)(2) is not a deportable aggravated felony, vacating a removal order and signaling that thousands of similarly situated non-citizens may have grounds for relief.
The Ninth Circuit reverses summary judgment for prison officials who denied a California prisoner prescription transitional lenses based on a blanket policy rather than individualized medical judgment, finding triable Eighth Amendment deliberate indifference issues.
The Ninth Circuit held that hash-value matches between a suspect’s files and known child pornography can establish probable cause for a search warrant without agents first downloading and visually confirming the files.
The Ninth Circuit affirmed denial of “Shrimp Boy” Chow’s habeas petition, finding his defense team’s strategic decisions did not constitute ineffective assistance of counsel despite acknowledged shortcomings in trial performance.