6 results for 'judge:"Friedland"'.
J. Friedland vacates six defendants’ convictions for mail fraud and conspiracy to commit mail fraud arising from defendants’ sales companies’ tactics in selling printer toner. While "not just any lie that secures a sale constitutes fraud; the lie must instead go to the nature of the bargain." The government’s theory of fraud in this case was overbroad because it did not require the jury to find that defendants deceived customers about the nature of the bargain.
Court: 9th Circuit, Judge: Friedland, Filed On: April 9, 2024, Case #: 21-50162, Categories: Fraud
J. Friedland finds that the district court properly denied qualified immunity to California prison officials associated with a San Quentin State Prison transfer that led to prisoner deaths from Covid-19. The state transferred 122 inmates from the California Institution for Men to San Quentin Prison, where there were no known cases of the virus. The resulting outbreak killed one prison guard and over twenty-five inmates, including an individual's husband. The prison officials are not entitled to qualified immunity on the wife's Eighth Amendment claim, which adequately alleged that prison officials acted with deliberate indifference to the health and safety of San Quentin inmates. Affirmed.
Court: 9th Circuit, Judge: Friedland , Filed On: October 3, 2023, Case #: 22-15481, Categories: Civil Rights, Covid-19, Prisoners' Rights
J. Friedland finds that the district court properly denied an environmental group’s motion for a preliminary injunction against the Superintendent of Yosemite National Park, the National Park Service, and the Department of the Interior to stop certain parts of two projects to thin vegetation in Yosemite National Park in preparation for controlled burns. The group sued the Agency under the National Environmental Policy Act, claiming that it was unlawful for the Agency to approve the projects without a full review of their environmental impacts. The projects fall under the categorical exclusion known as the “minor-change exclusion.” Affirmed.
Court: 9th Circuit, Judge: Friedland, Filed On: September 12, 2023, Case #: 22-16483, Categories: Environment
J. Friedland finds that the district court properly denied Department of Corrections officials' motion to dismiss a complaint on the basis of qualified immunity by the family of San Quentin Prison guard Gilbert Polanco, who died from complications caused by Covid-19. In the early days of the Covid-19 pandemic, officials moved inmates from a prison that was having a Covid-19 outbreak into San Quentin, which had no Covid-19 cases, without proper screening, causing San Quentin to go from zero cases to five hundred cases in 3 weeks. Affirmed.
Court: 9th Circuit, Judge: Friedland, Filed On: August 7, 2023, Case #: 22-15496, Categories: Immunity, Covid-19
J. Friedland dismisses an appeal challenging the district court's denial of a motion from various organizations to intervene as defendants in a lawsuit against the Bureau of Land Management challenging the grant of two rights-of-way. The first concerned the right to use an existing natural gas pipeline and the second to use that pipeline to transport water across federal lands in California. While the appeal was pending, the district court held that the decision to grant the rights-of-way was arbitrary.
Court: 9th Circuit, Judge: Friedland, Filed On: May 26, 2023, Case #: 22-55317, Categories: Environment, Water
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Friedland finds that the district court properly entered summary judgment in favor of the State of California in an action challenging a California law that prohibits honking a vehicle’s horn except when reasonably necessary to warn of a safety hazard. An individual was cited for misuse of a vehicle horn after she honked in support of protestors. Although the citation was dismissed, she filed suit to block future enforcement of the California Vehicle Code. The vehicle code regulating improper use of a horn was universal and not merely for expression, therefore the First Amendment claim does not apply. Affirmed.
Court: 9th Circuit, Judge: Friedland, Filed On: May 22, 2023, Case #: 21-55149, Categories: Civil Rights, Constitution