Michael Curtis

9th Circuit Court of Appeals (7 summaries)

Fort Belknap v. Office of Pub. & Indian Hous.

For the court to have jurisdiction for review under 25 U.S.C. § 4161(d), a party must have either alleged a violation of § 4161(a), or pursued one of the remedies specifically identified in § 4161(a)(1).

Area(s) of Law:
  • Appellate Procedure

Willms v. Sanderson

A bankruptcy court may not sua sponte extend the filing time of a nondischargeability complaint after the deadline has passed and without either a showing or finding of cause.

Area(s) of Law:
  • Bankruptcy Law

Pride v. Correa

A California prisoner's claim for injunctive relief is not barred by a pending class action if he brings the claim for relief solely on his own behalf.

Area(s) of Law:
  • Civil Rights § 1983

Barnard v. Theobald

Police Officers are not entitled to qualified immunity in excessive force cases when a jury finds the amount of force used was unreasonable, even when the Officers believe the victim is resisting.

Area(s) of Law:
  • Civil Rights § 1983

United States v. Joseph

18 U.S.C. § 1791 requires consecutive sentences only when multiple convictions result from one item of controlled substance.

Area(s) of Law:
  • Criminal Law

United States v. Mancuso

A single count alleging distribution of a controlled substance over a period of years in a variety of locations does not meet the nexus a continuing offense and must be charged in separate counts.

Area(s) of Law:
  • Criminal Law

Cui v. Holder

Inconsistencies that “go to the heart” of an alien’s asylum claim will provide sufficient evidence to deny a petition based on adverse credibility.

Area(s) of Law:
  • Immigration