Published opinions from 1995. The case name opens the case page.
December 4, 199570 F.3d 1103
The Ninth Circuit affirmed dismissal with prejudice of the plaintiffs’ in forma pauperis complaints seeking damages, an acknowledgment of discrimination, and an apology for slavery and its continuing effects.
September 20, 199566 F.3d 245
The court vacated the dismissal of a pro se prisoner’s § 1983 action because the district court considered evidence outside the pleadings without explicitly notifying him that it was proceeding by summary judgment or giving him a reasonable opportunity to submit evidence.
September 18, 199565 F.3d 802
The Ninth Circuit reversed a preliminary injunction barring California prison officials from transferring inmate Elmer Pratt to Mule Creek and housing him in a double cell, holding the district court's retaliation findings clearly erroneous.
July 6, 199558 F.3d 1425
The Ninth Circuit (Wallace, C.J.) denied Ghaly's petition for review of the Board of Immigration Appeals' denial of asylum and withholding of deportation to an Egyptian Coptic Christian who overstayed a USAID-sponsored exchange-visitor visa.
June 29, 199558 F.3d 494
Writing for the panel, Judge Noonan reversed two consolidated district-court judgments in favor of the United States. The court held that dismissing John Doe's FTCA tort claims with prejudice without leave to amend was an abuse of discretion, because a motion to dismiss is not a responsive pleading under Fed. R. Civ.
June 28, 199559 F.3d 815
The Ninth Circuit affirmed the district court's denial of William George Bonin's two 28 U.S.C. Sec. 2254 petitions challenging his Los Angeles and Orange County convictions and fourteen death sentences for the 'Freeway Killer' murders.
May 1, 199553 F.3d 1035
The court held that the ALJ permissibly discounted the examining psychologist’s disability assessment because the ALJ gave specific, legitimate reasons supported by substantial evidence, including testimony from a nonexamining expert.
April 11, 199551 F.3d 1480
The Ninth Circuit affirmed in part, reversed in part, and remanded the district court's Rule 12(b)(6) dismissal of a private junior college's challenge to its termination from Arizona's federally funded student-loan guarantee program.
March 22, 199550 F.3d 748
A Ninth Circuit per curiam panel affirmed the district court's summary judgment upholding the ALJ's denial of Orteza's application for disability insurance benefits. The panel held that the ALJ gave sufficiently specific reasons for discrediting Orteza's complaints of excess pain and fatigue, correctly construed the…
The court affirmed dismissal of Ghazali’s § 1983 action under the district court’s local rule after he failed to oppose the defendants’ motion. Applying abuse-of-discretion review and independently weighing the relevant dismissal factors, the court concluded that Ghazali received notice and ample time to respond and…