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   Federal Courts - 9th Circuit Court of Appeals - February 17, 2006

  
Eitel v. Gorman, No. 03-35272, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 17, 2006, Filed
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Ekeh v. United States, No. 04-56668, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 17, 2006, Filed
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Galkovich v. Gonzales, No. 04-72960, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 17, 2006, Filed
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Gambino v. United States Parole Comm'n, No. 05-55246, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 17, 2006, Filed
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Overview: The denial of a 28 U.S.C.S. § 2241 habeas petition was affirmed because an inmate did not shows that the circumstances associated with an attempted intervention of an ex-President's brother before a parole board, an FBI investigation, or the board's withholding of documents deprived the inmate of due process in the assessment of his parole.

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Goldstein v. Flament, No. 03-17028, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 17, 2006, Filed
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Overview: Where nothing in the record indicated prisoner had been denied needed medical treatment, district court properly dismissed prisoner's Eighth Amendment deliberate indifference claim. Allegations of negligence also did not establish deliberate indifference.

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Gregory v. County of Sacramento, No. 04-16207, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 17, 2006, Filed
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Overview: District court did not abuse its discretion when it reduced the amount of attorney fees request by plaintiffs under 42 U.S.C.S. § 1988 because under "hybrid" approach courts first calculated lodestar amount then adjusted for other considerations, such as the extent of success. The outcome did not justify a large fee in a case with a small recovery.

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Hernandez v. Pliler, No. 04-17131, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 17, 2006, Filed
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Overview: A petition for relief under 28 U.S.C.S. § 2254 was denied because an inmate's due process rights were not violated by the exclusion of certain evidence in a sex offense case; the rulings excluding evidence of statements given to police and to doctors by a victim were not unreasonable given their context and the fact they were not false.

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Hill v. Chattem, Inc. (In re Phenylpropanolamine (PPA) Prods. Liab. Litig.), No. 05-35219, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 17, 2006, Filed
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Ilyazbarova v. Gonzales, No. 03-71526, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 17, 2006, Filed
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Overview: Court lacked jurisdiction to review IJ's adverse credibility determination because aliens failed to exhaust administrative remedies where they did not present issue to BIA. Because the determination was dispositive of their claims for relief, the court did not consider aliens' claims regarding their eligibility for asylum or withholding of removal.

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Jaffe v. Napolitano, No. 05-16325, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 17, 2006, Filed
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