Ninth Circuit -- IN RE COMPLAINT OFJUDICIAL MISCONDUCT

Litigant with communications disability cannot ask as a reasonable accommodation that caretaker speak for him, as this amounts to the practice of law.

IN RE COMPLAINT OFJUDICIAL MISCONDUCT

Ninth Circuit -- FREEMAN INVESTMENTS, L.P. V. PACIFIC LIFE INSURANCE COMPANY

Exlcusive federal jurisdiction over securities fraud class-actions does not bar state suit where the plaintiff is arguing a point of contract interpretation and good faith/fair dealing, and not scienter for fraud.

Claim was in connection with the purchase or sale of securities, as the insurer used the income from policyholders to purchase securities.

Dismissal of class action with prejudice was error if individual claims were viable.

FREEMAN INVESTMENTS, L.P. V. PACIFIC LIFE INSURANCE COMPANY

Ninth Circuit -- USA V. IEV, JUVENILE MALE

Frisk during Terry stop after canine alert was not justified by suspicion of drug use -- no indicia of threat from the fidgety deft.

Lifting of shirt exceeded bounds o Terry stop, as incriminating character of brick of MJ was not immediately apparent.

Chief K, dissenting:

Search justified under totality.

Delay in the making of the search isn't per se evidence that officer safety wasn't a motive.


USA V. IEV, JUVENILE MALE

Ninth Circuit -- TROY MATTOS V. DARREN AGARANO

Qualified immunity to tasering police officers.

Concurrence:  A pregnant woman parked in front of a school was tasered for refusing to sign a parking ticket or get out of her car.

Concur/Dissent (Chief K): Ever tried to get a pregnant woman out of a car?

Concur/Dissent: Disputed issues of material fact in one of the cases.

TROY MATTOS V. DARREN AGARANO

Ninth Circuit -- COMITE DE JORNALEROS V. CITY OF REDONDO

Municipal restrictions on day-laborers seeking work on the sidewalk are insufficiently narrowly-tailored regulations of content-neutral speech.

Concurrence in J: Designated place for day laborers would solve.

Special Concurrence:  It is content-based, but if it's content-neutral, there's a lack of alternative means of expression.

[Interesting - both the Concurrence in Judgment and the Special Concurrence seem to substantially join the majority's reasoning.  So, at least in the Ninth, these are (1) two different things and (2) much less dissenting than one might usually think.]

Deep Dissent [that's what Chief K calls it]: Nothing in the First Amendment prevents government from requiring that sidewalks be used for walking.


COMITE DE JORNALEROS V. CITY OF REDONDO