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| Arkin v. Batchelder, No.05-15573,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 20, 2007, Filed
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| Arkin v. Batchelder, No.05-15573,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 20, 2007, Filed
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Overview: Summary judgment entered against a county supervisor was reversed because even if his conclusion that an employee's position created a conflict of interest sufficient to justify termination was mistaken, the mistake was a reasonable one. Thus, the supervisor was entitled to qualified immunity for violating the employee's First Amendment rights.
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| Dehne v. City of Reno, No. 04-17200,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 20, 2007, Filed
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Overview: Where a jury had found that there was not constitutional violation of the First Amendment by a former mayor acting in his official capacity in ejecting a citizen from a city council meeting, the fact that the court had granted the mayor qualified immunity in his individual capacity under a Fed. R. Civ. P. 50 motion was moot.
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| Dehne v. Hill, No. 04-17289,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 20, 2007, Filed
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Overview: Judgment in favor of defendants was affirmed because jury instructions did not compel a finding in favor of defendants and a video tape was properly admitted because it demonstrated that the chairman had tolerated the citizen's critical statements in the past and showed that the citizen routinely heckled other speakers with whom he did not agree.
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| EEOC v. Maricopa County, No. 05-15403,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 20, 2007, Filed
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Overview: County was entitled to summary judgment in action under 29 U.S.C.S. § 623(a), as there was insufficient direct evidence of discriminatory intent when two individuals stated only that person with hiring authority might have described applicant as "old." Even if word was used, it was used to refer to applicant's status as former employee and not age.
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| Gaines v. Miller-Stout, No. 05-35989,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 20, 2007, Filed
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Overview: Although habeas petitioner's request for an evidentiary hearing was not barred by 28 U.S.C.S. § 2254(e)(2), the district court did not abuse its discretion in denying the hearing because the inmate had not satisfied the "threshold matter" of stating with particularity facts which, if proven, would entitle him to relief.
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| Thorward v. Knowles, No. 05-56546,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 20, 2007, Filed
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Overview: Habeas petitioner received ineffective assistance of counsel if allegations that appellate lawyer disregarded instructions, contained in letters mailed by petitioner and phone call from mother, not to file abandonment form that petitioner had earlier signed. Prejudice necessarily arose when attorney disregarded express instruction to file appeal.
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| United States v. Carpenter, No. 06-30201,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 20, 2007, Filed
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| United States v. Chung, No. 05-50970,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 20, 2007, Filed
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