Published opinions from 2008. The case name opens the case page.
April 22, 2008525 F.3d 925
The court granted Yang leave to proceed in forma pauperis but denied a certificate of appealability and dismissed his application. It concluded that reasonable jurists could not debate the district court’s rejection of equitable tolling because Yang did not adequately show either extraordinary circumstances or…
April 18, 2008523 F.3d 1147
The court affirmed the denial of qualified immunity to John Gonzales, Nick Gonzales, Steven Hill, and Dave Hubbard, concluding that the facts viewed favorably to Fogarty could establish an unlawful arrest and excessive force, and that the claims against the officers were legally sufficient for trial.
March 21, 2008519 F.3d 1242
The court held that the complaint did not meet Rule 8’s plausibility and fair-notice requirements in claims against individual government employees, including claims subject to qualified immunity.