Latest news with #9thCircuitCourtofAppeals
Yahoo
7 hours ago
- Politics
- Yahoo
Washington attorney general goes before 9th Circuit Court of Appeals on birthright citizenship
Washington Attorney General Nick Brown was back in a Seattle courtroom Wednesday on birthright citizenship. Arguments were heard before a three-judge panel of the 9th Circuit Court of Appeals. At issue was a nationwide preliminary injunction issued in February blocking President Donald Trump's executive order, which sought to change birthright citizenship, enshrined in the 14th Amendment. The debate was whether to make the preliminary injunction permanent or overturn a lower court's ruling. The executive order would disqualify those born in this country to illegal immigrants from becoming birthright citizens. WA AG says Trump's executive order on birthright citizenship is unconstitutional In court, Washington's Office of the Attorney General argued the executive order is clearly unconstitutional and the preliminary injunction should be made permanent. 'We're talking about overturning the fundamental understanding of what it means to be an American in this country, and what it has meant since the 14th Amendment,' Brown said. Department of Justice lawyers argued birthright citizenship doesn't apply to undocumented immigrants' children born here, or those in the country on work or student visas. 'We're seeing some radical ideas take root at the highest level of government. And so it is more important than ever the attorneys general are standing united to fight against the unlawfulness of this president,' Brown said There is no word on when a decision will be handed down. The U.S. Supreme Court is poised to rule on procedural questions, and that could affect the timing. Follow James Lynch on X. Read more of his stories here. Submit news tips here.
Yahoo
2 days ago
- General
- Yahoo
9th Circuit deals blow to qualified immunity, revives lawsuit against LAPD officer
A federal appeals court has reversed a ruling that shielded a Los Angeles police officer from liability in a fatal shooting, a decision that experts say could have broad implications for future cases in which law enforcement officials attempt to claim protection from civil lawsuits under the doctrine known as qualified immunity. The ruling Monday by the 9th Circuit Court of Appeals was the latest twist in a lawsuit against LAPD officer Toni McBride over an on-duty shooting that occurred in April 2020. McBride, who was granted medical retirement from the police department late last year, killed Daniel Hernandez after he was in a car accident in South L.A. The shooting occurred as Hernandez, 38, walked toward McBride and her police partner while holding a box cutter, ignoring commands to drop the blade. Video footage showed McBride fire three two-bullet volleys over six seconds. The final two shots were fired while Hernandez was rolling on the ground, which attorneys for the Hernandez family argued in a lawsuit was a violation of his 4th Amendment rights. Read more: Reversal clears LAPD officer faulted for firing two extra bullets in fatal 2020 shooting The shooting was ultimately found to be "in policy" under the police department's standards. Last March, a three-judge panel from the 9th Circuit ruled that even though a jury could have reasonably found McBride used excessive force, she could not be sued in federal court due to qualified immunity, a controversial legal principle that protects officers from liability over some on-duty actions. The Hernandez family challenged the decision, leading to the reversal Monday on a 6-5 vote by the larger en banc panel of the appellate court. The judges cited a 2017 case in Orange County as precedent, writing that 'continuing to shoot a suspect who appears to be incapacitated and no longer poses an immediate threat violates the Fourth Amendment.' The case will now go to trial in U.S. District Court in Los Angeles. Narine Mkrtchyan, a lawyer for Hernandez's 18-year-old daughter, Melanie Hernandez, said the decision meant "justice has been served." "Not just for this family but also for the future of shooting cases,' Mkrtchyan said. 'Officers cannot keep shooting when someone is down on the ground, period.' McBride's father, Jamie McBride, is one of nine directors of the Los Angeles Police Protective League, the union that represents rank-and-file LAPD officers. He said Monday afternoon that his daughter did not have a statement on the latest development. 'In the end, when it goes to the Supreme Court or state court, I think that common sense will prevail and I think they'll agree that she acted in self-defense and she was totally justified in the force that she used," the elder McBride said. "She made the community safer by taking care of the threat that was coming at her. A spokesperson for the LAPD did not immediately return a call seeking comment Tuesday afternoon. While the shooting case has slowly made its way through the courts, a separate case centered on McBride's social media activity has also generated controversy. With more than 100,000 followers on Instagram, McBride built an audience by sharing pro-gun videos and content and highlighting her position and experience as an LAPD officer. McBride alleged in a civil lawsuit that her free speech rights were violated and she was subjected to gender discrimination when she was retaliated against for her social media postings. Read more: LAPD officer who moonlights as gun influencer loses lawsuit over social media accounts McBride's online success made her into a 'gun influencer' who earned money for sponsored social media posts that showed her shooting firearms at training ranges and competitions, Aneta Freeman, an assistant L.A. city attorney, alleged last year during the civil trial over her online activity. McBride received free items, Freeman said, including a ballistic vest, ammo and hair extensions. She sought $100,000 damages, claiming that she suffered 'emotional distress' as a result of the workplace dispute over her social media. McBride dropped the gender discrimination claims, and in April 2024, she lost her free speech lawsuit when a jury ruled that she had not been treated unfairly. McBride's attorney, Greg Smith, said Tuesday that while she lost on the free speech claim, she preserved her right to refile a retaliation action alleging that she was discriminated against because of her gender. Whether she will refile remains to be seen. 'That's completely up in the air right now; there's no lawsuit right now,' Smith said. Sign up for Essential California for news, features and recommendations from the L.A. Times and beyond in your inbox six days a week. This story originally appeared in Los Angeles Times.
Los Angeles Times
2 days ago
- Los Angeles Times
9th Circuit deals blow to qualified immunity, revives lawsuit against LAPD officer
A federal appeals court has reversed a prior ruling that shielded a Los Angeles police officer from liability in a fatal shooting, a decision that experts say could have broad implications for future cases in which law enforcement officials attempt to claim protection from civil lawsuits under the doctrine known as qualified immunity. The ruling Monday by the 9th Circuit Court of Appeals was the latest twist in a lawsuit against LAPD officer Toni McBride over an on-duty shooting that occurred in April 2020. McBride, who was granted medical retirement from the police department late last year killed Daniel Hernandez after he was in a car accident in South L.A. The shooting occurred as Hernandez, 38, walked toward McBride and her police partner while holding a box cutter, ignoring commands to drop the blade. Video footage showed McBride fire three two-bullet volleys over six seconds. The final two shots were fired while Hernandez was rolling on the ground, which attorneys for the Hernandez family argued in a lawsuit was a violation of his Fourth Amendment rights. The shooting was ultimately found to be 'in policy' under the police department's standards. Last March, a three-judge panel from the 9th Circuit ruled that even though a jury could have reasonably found McBride used excessive force, she could not be sued in federal court due to qualified immunity, a controversial legal principle that protects officers from liability over some on-duty actions. The Hernandez family challenged the decision, leading to the reversal Monday on a 6-5 vote by the larger en banc panel of the appellate court. The judges cited a 2017 case in Orange County as precedent, writing that 'continuing to shoot a suspect who appears to be incapacitated and no longer poses an immediate threat violates the Fourth Amendment.' The case will now go to trial in U.S. District Court in Los Angeles. Narine Mkrtchyan, a lawyer for Hernandez's 18-year-old daughter Melanie Hernandez, said the decision meant 'justice has been served.' 'Not just for this family but also for the future of shooting cases,' Mkrtchyan said. 'Officers cannot keep shooting when someone is down on the ground, period.' McBride's father, Jamie McBride, is one of nine directors of the Los Angeles Police Protective League, the union that represents rank-and-file LAPD officers. He said Monday afternoon that his daughter did not have a statement on the latest development. 'In the end, when it goes to the Supreme Court or state court, I think that common sense will prevail and I think they'll agree that she acted in self defense and she was totally justified in the force that she used,' the elder McBride said. 'She made the community safer by taking care of the threat that was coming at her. A spokesperson for the LAPD did not immediately return a call seeking comment Tuesday afternoon. While the shooting case has slowly made its way through the courts, a separate case centered on McBride's social media activity has also generated controversy. With more than 100,000 followers on Instagram, McBride built an audience by sharing pro-gun videos and content and highlighting her position and experience as an LAPD officer. McBride alleged in a civil lawsuit that her free speech rights were violated and she was subjected to gender discrimination when she was retaliated against for her social media postings. McBride's online success made her into a 'gun influencer' who earned money for sponsored social media posts that showed her shooting firearms at training ranges and competitions, Aneta Freeman, an assistant L.A. city attorney, alleged last year during the civil trial over her online activity. McBride received free items, Freeman said, including a ballistic vest, ammo and hair extensions. She sought $100,000 damages, claiming that she suffered 'emotional distress' as a result of the workplace dispute over her social media. McBride dropped the gender discrimination claims, and in April 2024, she lost her free speech lawsuit when a jury ruled that she had not been treated unfairly. McBride's attorney, Greg Smith, said Tuesday that while she lost on the free speech claim, she preserved her right to refile a retaliation action alleging that she was discriminated against because of her gender. Whether she will refile remains to be seen. 'That's completely up in the air right now, there's no lawsuit right now,' Smith said.
India Today
5 days ago
- Politics
- India Today
US court blocks Trump administration's bid to resume mass federal layoffs
A US appeals court on Friday declined to pause a lower court ruling that blocks the Trump administration from moving forward with mass layoffs of federal workers and a sweeping government restructuring plan. The San Francisco-based 9th Circuit Court of Appeals denied the administration's request to stay a May 22 decision by US District Judge Susan Illston, who found that such actions require congressional ruling prevents the administration from proceeding with its plan to eliminate tens of thousands of federal jobs and shutter multiple agencies. An appeal could take months, prompting the administration to likely seek relief from the US Supreme Court. With inputs from ReutersTune InMust Watch
Winnipeg Free Press
14-05-2025
- Winnipeg Free Press
What to know about the Menendez brothers' lives and what lies ahead
LOS ANGELES (AP) — Lyle and Erik Menendez were 21 and 18 when they killed their parents. Now, at 57 and 54, the brothers are eligible for parole after a Los Angeles judge Tuesday reduced their sentences from life in prison without parole to 50 years to life. In August 1989, the brothers killed their father Jose Menendez and mother Kitty Menendez in their Beverly Hills home. While defense attorneys argued the brothers acted out of self-defense after years of sexual abuse by their father, prosecutors said they killed their parents for a substantial inheritance. The saga has captured the public's attention over the decades, spawning documentaries and television specials, as the brothers have lived out their adult years in incarceration. Here's what to know about their lives and what lies ahead: A wealthy upbringing After moving from New Jersey, the family settled into a multi-million dollar Spanish-style mansion in the wealthy Beverly Hills neighborhood of Los Angeles. Jose Menendez, was a powerful entertainment executive, and his wife, Kitty, a former beauty queen he met in college. At the time, Lyle was attending Princeton University but struggling academically, and Erik was a young tennis star. In the aftermath of the killings, the family discovered Jose Menendez's 1981 will, which left everything to the two brothers. An opinion from the 9th Circuit Court of Appeals details the spending spree that Erik and Lyle went on, thinking they were poised to inherit millions. Lyle bought three Rolex watches, a Porsche 911 Carrera Cabriolet, and a restaurant in Princeton, New Jersey, while Erik purchased a Jeep Wrangler and hired a full-time tennis coach, according to the court document. The brothers addressed the lavish spending in a Netflix documentary, 'The Menendez Brothers,' that came out last October. 'The idea that I was having a good time is absurd,' Erik said in a recorded phone call from prison. 'Everything was to cover up this horrible pain of not wanting to be alive.' The family said that in reality there was no inheritance — whatever assets Jose had were gobbled up by legal fees and taxes, and both of his properties were sold at a loss. Reunited after decades apart Lyle Menendez was transferred to the Richard J. Donovan Correctional Facility in San Diego County in 2018, reuniting him with Erik Menendez, who was brought there in 2013. Before that Lyle spent decades housed at Mule Creek State Prison in northern California, while Erik was at Pleasant Valley State Prison in Coalinga, California. They could only keep in touch through letters. Anerae Brown, who spent time at both facilities as an inmate, described Pleasant Valley as a segregated and 'hyperviolent environment' while testifying at the brothers' resentencing hearing. There was one instance where Brown was attacked by five men with weapons. Doing the things that Erik participated in, such as school and self-help classes, would put a target on one's back, Brown said. The brothers each got married in prison Lyle Menendez first married Anna Erickson, a former model, in 1996 before he surrendered to prison. They divorced in 2001. In 2008, he married attorney Rebecca Sneed. She announced on Facebook last November that the two had separated but 'remain best friends and family.' She continues to run his Facebook page, where she has posted updates on the brothers' resentencing case. Erik Menendez married Tammi Menendez in 1999 after corresponding with her as a pen pal for years. She has a daughter from her first marriage, and both were at court Tuesday for the brothers' resentencing hearing. Conjugal visits are prohibited for those sentenced to life without parole under California law. Plans if released If the brothers are released from prison, their cousin, Diane Hernandez, and several family members said they would welcome the brothers into their homes. They also would immediately visit their aging aunts, Hernandez said. Joan VanderMolen, Kitty Menendez's sister, is now 93 and has been calling for Erik and Lyle's release since last fall. Her health has deteriorated since then, Hernandez said. Terry Baralt, Jose Menendez's sister, has been battling cancer and was recently hospitalized after attending a hearing in April. Her cancer recently advanced to Stage 4, her daughter said in court. Lyle Menendez said at his resentencing hearing Tuesday that he longs to reunite with his relatives. Winnipeg Jets Game Days On Winnipeg Jets game days, hockey writers Mike McIntyre and Ken Wiebe send news, notes and quotes from the morning skate, as well as injury updates and lineup decisions. Arrives a few hours prior to puck drop. 'I look forward to be able to reunite with my extended family and continue the journey of healing that has sustained me through my incarceration,' he said. The brothers have also indicated they would continue the work they started in prison that has supported fellow inmates to help others in society. Lyle said he hoped to advocate for survivors of sexual abuse and serve the incarcerated community. Tamara Goodell, another cousin, said in court that Lyle was excited to expand the Green Space Project he had started at the Richard J. Donovan facility to other prisons. The project was inspired by the Norwegian approach to incarceration that believes humane prison environments leads to more successful reintegration into society. Erik Menendez has said he would like to expand the Life Care and Hospice program he co-founded, which connects elderly and disabled inmates with younger inmates to serve as aids. 'At a certain point, something shifted in me,' Erik said. 'I started living with purpose.'
