Willamette Law Online

(7 summaries)

Michael Curtis

9th Circuit Court of Appeals

TitleExcerptFilling Date
Fort Belknap v. Office of Pub. & Indian Hous.Appellate Procedure: 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).(08-08-2013)
Willms v. SandersonBankruptcy Law: 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.(07-25-2013)
Pride v. CorreaCivil Rights § 1983: 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.(07-16-2013)
Barnard v. TheobaldCivil Rights § 1983: 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.(07-01-2013)
United States v. JosephCriminal Law: 18 U.S.C. § 1791 requires consecutive sentences only when multiple convictions result from one item of controlled substance.(05-29-2013)
United States v. MancusoCriminal Law: 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.(05-01-2013)
Cui v. HolderImmigration: Inconsistencies that “go to the heart” of an alien’s asylum claim will provide sufficient evidence to deny a petition based on adverse credibility.(04-10-2013)