U.S. Court of Appeals for the Ninth Circuit, 2012

The Ninth Circuit vacated the dismissal with prejudice of Akhtar’s Eighth Amendment claims and remanded. It held that the district court abused its discretion by disregarding relevant objections and exhaustion documents from a pro se, illiterate, disabled litigant; the housing claim was exhausted, and defendants had…

The Ninth Circuit reversed the district court’s summary judgment for the Commissioner because the ALJ’s residual-functional-capacity assessment did not adequately consider significant evidence about Hill’s medical and mental impairments, including panic disorder.

The Ninth Circuit affirmed summary judgment for Officer Crumrine, holding he had probable cause to arrest Tsao for obstruction under NRS § 197.190 because her misleading statement of her name was calculated to delay her identification.

The en banc court affirmed dismissal of the malicious-prosecution claims and held that special prosecutor Wilenchik was not absolutely immune for issuing unapproved subpoenas or ordering or advising warrantless arrests.

The Ninth Circuit held that the fair notice required under Rand and Wyatt for pro se prisoner plaintiffs must be served concurrently with defendants' motions to dismiss and motions for summary judgment, not earlier in the litigation.

A Ninth Circuit panel reversed a Rule 12(c) judgment for Orange County in a putative class action by retirees challenging the County's 2008 restructuring of retiree health benefits.

The Ninth Circuit held that Wilhelm consented to the jurisdiction of the reassigned magistrate judge, and that his complaint stated an Eighth Amendment deliberate-indifference claim against Dr. Rotman but not Dr. Schuster.

The Ninth Circuit affirmed the denial of disability benefits, concluding that the ALJ permissibly discounted the physician assistant’s unsupported and conflicting opinions and gave legally sufficient reasons for discounting Molina’s testimony.

The Ninth Circuit reversed the district court's denial of Nevada's motion to remand its parens patriae suit accusing Bank of America of deceiving Nevada homeowners in mortgage modification and foreclosure dealings.