 | Daily Opinion Summaries
U.S. 9th Circuit Court of Appeals |  | | March 17, 2011 FindLaw.com Daily Opinion Summaries Newsletter |
Table of Contents LATEST SUMMARIES Civil Rights, Constitutional Law, Criminal Law & Procedure, Sentencing
• Cook v. Brewer
Constitutional Law, Criminal Law & Procedure
• Noble v. Cuevas
Labor & Employment Law, Remedies
• Sanders v. City of Newport
Criminal Law & Procedure, Sentencing
• US v. Harrell
Criminal Law & Procedure, International Trade
• US v. Guo
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LATEST SUMMARIES Civil Rights, Constitutional Law, Criminal Law & Procedure, Sentencing
Cook v. Brewer, No. 11-15303
In a petition for relief, 42 U.S.C. section 1983, on the grounds that intent to use a foreign manufactured non-FDA approved sodium thiopental in the pending execution of petitioner is a violation of the Eight Amendment, dismissal by district court is affirmed where the grounds cited by petitioner for relief fail the applicable constitutional standard as too speculative and generalized. Read more... Constitutional Law, Criminal Law & Procedure
Noble v. Cuevas, No. 09-17251
Denial by district court of invocation by defendants of qualified immunity against a claim by an inmate that a lockdown precipitated by a prison riot resulted in a denial of his Eighth Amendment right to outdoor exercise is reversed where lockdown did not manifest either deliberate indifference or an intent to inflict harm. Read more...
Labor & Employment Law, Remedies
Sanders v. City of Newport, No. 08-35996
In a labor and employment dispute involving employer liability for FMLA and OFLA violations following the termination of plaintiff after an approved medical leave, judgments of trial court are reversed where trial court improperly instructed the jury on the elements of FMLA interference claim. Read more... Criminal Law & Procedure, Sentencing
US v. Harrell, No. 10-30176
Conviction and sentencing of defendant for a false idenitification crime, 18 U.S.C. section 1028A(a)(1), are upheld where, on whether the relating to parentheticals within section 1028A(c) limit the otherwise clear articulation of the statute of which offenses may serve as predicates for application of section 1028A(a), the district court did not err in denying motion to dismiss because praentheticals do not limit the effect of the statute, but serve merely as descriptive aids. Read more... Criminal Law & Procedure, International Trade
US v. Guo, No. 09-50394
Conviction and sentencing of defendant of exporting export-controlled thermal imaging cameras without a license in violation of 50 U.S.C. section 1705, are upheld where the statute of conviction is constitutional. Read more...
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