7 results for 'judge:"Bybee"'.
J. Bybee finds that the district court improperly denied an individual's motion for preliminary injunctive relief in an action arising from two events, an abortion rally and an LGBTQ+ pride event, in which the individual, a devout Christian, sought to read Bible passages and was arrested for obstructing a police officer after he refused to move to a different location. The individual alleges that attendees at both events physically assaulted him, stole his Bibles and ripped them up. He further alleges that Seattle police opted to arrest the individual for obstructing rather than deal with the attendees who assaulted him. The individual established a likelihood of success on the merits of his First Amendment claim. Reversed.
Court: 9th Circuit, Judge: Bybee, Filed On: April 18, 2024, Case #: 23-35481, Categories: Constitution, Assault, First Amendment
J. Bybee finds that the district court improperly entered summary judgment for the county on judicial deception claims brought by parents after social workers removed their two minor children from their custody following an anonymous report that the parents were using medical marijuana to treat severe autism of one of the children. The application filed in support of the warrant of removal contained misrepresentations and omissions of fact. The social workers were not entitled to qualified immunity because the right to be free from judicial deception was clearly established. The lower court properly found for the social workers on the parents’ Fourth Amendment claim concerning a social worker's interview of the other child at school. The social worker was entitled to qualified immunity because she lacked fair notice that her conduct was unlawful. Reversed in part.
Court: 9th Circuit, Judge: Bybee, Filed On: February 2, 2024, Case #: 21-55999, Categories: Family Law, Immunity
J. Bybee finds that the district court properly entered conviction against an immigrant for illegal reentry. The government did not violate the immigrant's due process rights when it removed him via expedited proceedings in 2013, and he was properly convicted of illegal reentry. Affirmed.
Court: 9th Circuit, Judge: Bybee, Filed On: January 24, 2024, Case #: 21-50303, Categories: Immigration, Due Process
J. Bybee finds that the district court properly dismissed a matter brought by an environmental group alleging that the United States Forest Service was liable as a contributor under the Resource Conservation and Recovery Act (RCRA) by failing to regulate the use of lead ammunition by hunters in the Kaibab National Forest in Arizona. The group claimed that even though Forest Service activity was not the direct source of any lead ammunition in the Khabib, the Forest Service was liable as a contributor under RCRA. The Forest Service’s choice not to regulate "does not manifest the type of actual, active control contemplated by RCRA." Affirmed.
Court: 9th Circuit, Judge: Bybee, Filed On: September 1, 2023, Case #: 21-15907, Categories: Environment
J. Bybee finds that the district court improperly dismissed a commercial property landlord's complaint alleging that the County of Los Angeles’ 2020 eviction moratorium, enacted for the outbreak of Covid-19, violated his rights under the Contracts Clause of the United States Constitution. The moratorium provided tenants with an affirmative defense against eviction if they gave monthly notice to the landlord that they were unable to pay rent. Those allegations were sufficient to plead an injury in fact. Reversed.
Court: 9th Circuit, Judge: Bybee, Filed On: August 30, 2023, Case #: 22-55480, Categories: Landlord Tenant, Covid-19, Contract
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J. Bybee finds that the district court properly entered defendant's conviction and sentence, determining that aiding and abetting Hobbs Act robbery is a crime of violence. Defendant's conviction and mandatory minimum sentence for the use of a firearm during a crime of violence was properly entered. Affirmed.
Court: 9th Circuit, Judge: Bybee, Filed On: August 15, 2023, Case #: 17-50167, Categories: Robbery, Sentencing
J. Bybee grants a petition for review of a decision of the Board of Immigration Appeals that concluded that an immigrant's convictions for attempting to elude a police vehicle were crimes involving moral turpitude. The Board did not address substantive changes the Washington Legislature involving driving a vehicle in a "reckless manner."
Court: 9th Circuit, Judge: Bybee, Filed On: June 7, 2023, Case #: 21-584, Categories: Immigration, Vehicle