Verdict . News

Ninth Circuit Court of Appeals

9th Circuit Rules on Prison Exercise Rights in Nevada Case

The Ninth Circuit Court of Appeals issued a memorandum decision in *Cardenas-Ornelas v. Johnson*, addressing a Nevada state prisoner's civil rights claims against High Desert State Prison officials who allegedly denied him outdoor exercise in violation of constitutional protections.

•Ninth Circuit issued non-precedential memorandum decision addressing prisoner's exercise rights claims

•Nevada prisoner alleged Eighth and Fourteenth Amendment violations by High Desert State Prison officials

Eighth Circuit Court of Appeals

8th Circuit Upholds Removal of Ivory Coast Refugee Over Robbery Conviction

The U.S. Court of Appeals for the Eighth Circuit denied a petition for review filed by Nyynkpao Banyee, a native of the Ivory Coast who came to the United States as a child refugee in 2004. The court upheld the Board of Immigration Appeals' decision to remove Banyee following his 2018 robbery conviction under North Dakota law.

•Eighth Circuit denied petition for review, upholding removal order for Ivory Coast native who came to U.S. as child refugee in 2004

•Banyee's 2018 robbery conviction involving brandishing a gun formed basis for removal proceedings under federal immigration law

Ninth Circuit Court of Appeals

9th Circuit Partially Reverses Qualified Immunity Denial for Prison Warden

The Ninth Circuit Court of Appeals issued a mixed ruling in *Cardenas-Ornelas v. Johnson*, partially reversing a district court's denial of qualified immunity to Nevada prison Warden Calvin Johnson. The case involved alleged constitutional violations during COVID-19 quarantine procedures at High Desert State Prison.

•Ninth Circuit partially reversed district court's denial of qualified immunity to Nevada prison warden

•Court found Eighth Amendment right to outdoor exercise was clearly established during COVID-19 pandemic

Ninth Circuit Court of Appeals

9th Circuit Revives Portland Political Persecution Claims

The Ninth Circuit Court of Appeals partially reversed a district court's dismissal of civil rights claims against Portland and Multnomah County officials. Two plaintiffs alleged conspiracy to arrest and prosecute them without probable cause to silence their right-wing political expression.

•Ninth Circuit partially reversed district court dismissal of civil rights claims against Portland and county officials

•Plaintiffs alleged conspiracy to arrest and prosecute them without probable cause to silence conservative political speech

West Virginia Supreme Court

WV Supreme Court Affirms Parental Rights Termination in Drug Case

The West Virginia Supreme Court of Appeals upheld a circuit court's decision to terminate a mother's parental rights after law enforcement discovered suspected heroin or fentanyl and drug paraphernalia in deplorable living conditions with a child present.

•Supreme Court affirmed termination of parental rights after drugs and paraphernalia found in home with child

•Mother was provided services including parenting education and drug testing but failed to meet requirements

North Dakota Supreme Court

ND Supreme Court Denies Appeal Over Undisclosed Dash-Camera Evidence

The North Dakota Supreme Court affirmed a district court's denial of postconviction relief for Kurt Noel Johnson, who claimed newly discovered evidence warranted overturning his conviction. Johnson argued that undisclosed police dash-camera video constituted grounds for relief under state law.

•North Dakota Supreme Court affirmed denial of postconviction relief for Kurt Noel Johnson

•Johnson claimed undisclosed police dash-camera video evidence warranted overturning his conviction

Tenth Circuit Court of Appeals

Tenth Circuit Affirms Dismissal of Civil Rights Suit Against Kansas

The U.S. Court of Appeals for the Tenth Circuit affirmed a district court's dismissal of a civil rights lawsuit filed by pro se plaintiff Earnest Eugene Walker, Jr. against Kansas state officials and defense attorneys. Walker alleged constitutional violations under Section 1983 over what he claimed was an illegal sentence.

•Tenth Circuit affirmed dismissal of pro se plaintiff's Section 1983 civil rights lawsuit against Kansas officials

•Walker alleged constitutional violations related to an "illegal sentence" but court found claims insufficient

•Chief Justice gains authority to temporarily reassign circuit, district, and retired judges across different Arkansas courts and judicial circuits

Arkansas Supreme Court

Arkansas Supreme Court Finalizes Rules for Statewide Judge Assignments

The Arkansas Supreme Court permanently adopted Administrative Order No. 16, expanding the Chief Justice's authority to temporarily reassign circuit, district, and retired judges across different courts and judicial circuits throughout the state. The order took effect Jan. 29 after completing a public comment period.

•Sitting circuit judges can now serve in judicial circuits other than where they were elected or appointed

North Dakota Supreme Court

ND Supreme Court Affirms Dismissal of Lawsuit Against State's Attorney

The North Dakota Supreme Court affirmed a district court's dismissal of Mitchell Sanderson's lawsuit against Walsh County State's Attorney Kelley Cole, upholding both the court's jurisdictional rulings and the award of attorney's fees. Sanderson had challenged the court's jurisdiction and argued that prosecutorial immunity was misapplied.

•North Dakota Supreme Court affirmed dismissal of complaint against Walsh County State's Attorney

•Court rejected multiple jurisdictional challenges raised by plaintiff Mitchell Sanderson