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“it is now well-settled law that a- preponderance of the evidence standard is constitutional in considering a habeas petition from an individual detained pursuant to authority granted by the aumf.”
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2018
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First red flag: 2025
Top citers, strongest first. 37 distinct citers.
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discussed
Vacated
Tapia v. NaphCare Inc
Conn v. City of Reno, 591 F.3d 1081, 1101 (9th Cir. 2010) (en banc), 9 vacated by City of Reno v. Conn, 563 U.S. 915 (2011), reinstated in relevant part by Conn v. City 10 of Reno, 658 F.3d 897 (9th Cir. 2011). 11 NaphCare argues that on September 29, RN Warren assessed Tapia and found no sign of 12 DVT or PCD; therefore, “the jury could not reasonably find that an RN (as opposed to an LPN) 13 would likely have detected it before that date[.]” Dkt.
discussed
Vacated
(PC) Brown v. Allison
“A heightened suicide risk or an attempted 15 suicide is a serious medical need.” See Conn. v. City of Reno, 591 F.3d 1081, 1095 (9th Cir. 16 2010), vacated by City of Reno, Nev. v. Conn, 563 U.S. 915 (2011), reinstated in relevant part by 17 Conn v. City of Reno, 658 F.3d 897 (9th Cir. 2011). 18 Second, the plaintiff must show the defendant’s response to the need was deliberately 19 indifferent.
discussed
Vacated
(PC) Vasquez v. Market Square
“A heightened suicide risk or an attempted 14 suicide is a serious medical need.” See Conn. v. City of Reno, 591 F.3d 1081, 1095 (9th Cir. 15 2010), vacated by City of Reno, Nev. v. Conn, 563 U.S. 915 (2011), reinstated in relevant part by 16 Conn v. City of Reno, 658 F.3d 897 (9th Cir. 2011). 17 Second, the plaintiff must show the defendant’s response to the need was deliberately 18 indifferent.
discussed
Vacated
(PC) Coffer v. Ericson
“A heightened suicide risk or an attempted 2 suicide is a serious medical need.” See Conn. v. City of Reno, 591 F.3d 1081, 1095 (9th Cir. 3 2010), vacated by City of Reno, Nev. v. Conn, 563 U.S. 915 (2011), reinstated in relevant part by 4 Conn v. City of Reno, 658 F.3d 897 (9th Cir. 2011). 5 Second, the plaintiff must show the defendant’s response to the need was deliberately 6 indifferent.
discussed
Vacated
(PC) Antonio Gutierrez v. California Department of Corrections and Rehabilitation
Moreover, the Court has 11 found no legal support for Nurse Sandoval’s defense that she is not liable so long as someone 12 later in the chain also failed to provide adequate care. 13 This analysis is supported by Conn v. City of Reno, 591 F.3d 1081 (9th Cir. 2010), 14 vacated by 563 U.S. 915 (2011), reinstated in relevant part by 658 F.3d 897 (9th Cir. 2011). 15 In Conn, which involved a section 1983 claim, Clustka was taken to jail on Civil Protective 16 Custody on August 26, for her own safety.
discussed
Vacated
(PC) Jones v. Lynch
a heightened suicide risk or an attempted 10 suicide is a serious medical need.
discussed
Vacated
OGuinn v. Walsh
Moreover, this requires O’Guinn to 18 “demonstrate that the defendants’ actions were both an actual and proximate cause of 19 [his] injuries.” Lemire v. California, 726 F.3d 1062, 1074 (9th Cir. 2013) (citing Conn v. 20 City of Reno, 591 F.3d 1081 , 1098- 1101 (9th Cir. 2010), vacated by City of Reno, Nev. 21 v. Conn, 563 U.S. 915 (2011), reinstated in relevant part 658 F.3d 897 (9th Cir. 2011). 22 Here, as detailed above, Defendants submitted authenticated evidence and sworn 23 declarations which affirmatively show O’Guinn received adequate care despite what 24 appears to be his lac…
discussed
Vacated
Ciolino v. Dzurenda
Moreover, this requires 7 Ciolino to “demonstrate that the defendants’ actions were both an actual and proximate 8 cause of [his] injuries.” Lemire v. California, 726 F.3d 1062, 1074 (9th Cir. 2013) (citing 9 Conn v. City of Reno, 591 F.3d 1081 , 1098- 1101 (9th Cir. 2010), vacated by City of Reno, 10 Nev. v. Conn, 563 U.S. 915 (2011), reinstated in relevant part 658 F.3d 897 (9th Cir. 11 2011). 12 Here, Defendants submitted authenticated evidence regarding the medical 13 treatment Ciolino received related to his HCV.
discussed
Vacated
Pamplin v. Lucas
Moreover, this requires Pamplin to “demonstrate that the defendants’ actions 1 1062, 1074 (9th Cir. 2013) (citing Conn v. City of Reno, 591 F.3d 1081 , 1098- 1101 (9th 2 Cir. 2010), vacated by City of Reno, Nev. v. Conn, 563 U.S. 915 (2011), reinstated in 3 relevant part 658 F.3d 897 (9th Cir. 2011). 4 Here, Defendants submitted authenticated evidence and sworn declarations which 5 affirmatively show the following: On September 12, 2018, Pamplin was classified, 6 pursuant to a settlement agreement in another civil rights action, to be transferred from 7 Ely State Prison (“ESP”) to WSCC…
discussed
Vacated
(PC) Tran v. Young
This means that plaintiff’s injury would 25 not have occurred but for the defendants’ conduct (actual causation) and no unforeseeable 26 intervening cause occurred that would supersede defendants’ liability (proximate causation). 27 Conn v. City of Reno, 591 F.3d 1081, 1098-1101 (9th Cir. 2010), vacated by 131 S. Ct. 1812 28 (2011), reinstated in relevant part by 658 F.3d 897 (9th Cir. 2011)). 1 Plaintiff has not alleged that he was not involved in the physical altercation with Biagas. 2 Rather, he has acknowledged that once Biagas initiated a physical confrontation, he “fought back 3 …
discussed
Vacated
(PC)Johnson v. CDCR
This showing means that the inmate’s injury would 21 not have occurred but for the official’s conduct (actual causation) and no unforeseeable 22 intervening cause occurred that would supersede the official’s liability (proximate causation). 23 Conn v. City of Reno, 591 F.3d 1081, 1098-1101 (9th Cir. 2010), vacated by 563 U.S. 915 24 (2011), reinstated in relevant part by 658 F.3d 897 (9th Cir. 2011). 25 Plaintiff has not pled sufficient facts demonstrating that defendants acted with deliberate 26 indifference with respect to the first attack.
discussed
Vacated
Lemire v. California Department of Corrections & Rehabilitation
(2×)
See Conn v. City of Reno, 591 F.3d 1081, 1098-1101 (9th Cir.2010), vacated by — U.S. -, 131 S.Ct. 1812 , 179 L.Ed.2d 769 (2011), reinstated in relevant part 658 F.3d 897 (9th Cir.2011).
discussed
Cited as authority (quoted)
Razak v. Obama
it is now well-settled law that a- preponderance of the evidence standard is constitutional in considering a habeas petition from an individual detained pursuant to authority granted by the aumf.
discussed
Cited as authority (rule)
(PC) Smithee v. California Correctional Institution
Whether a defendant possessed 7 subjective knowledge is a factual question that is “subject to demonstration in the usual ways, including 8 inference from circumstantial evidence.” Farmer, 511 U.S. at 842 . 9 The Ninth Circuit holds that “[a] heightened suicide risk or an attempted suicide is a serious 10 medical need.” Conn v. City of Reno, 591 F.3d 1081, 1095 (9th Cir. 2010), vacated, 563 U.S. 915 11 (2011), opinion reinstated in relevant part, 658 F.3d 89 (9th Cir. 2011).
discussed
Cited as authority (rule)
Funabiki v. County of Whitman
City of Reno, Nev. v. Conn, 563 U.S. 915 1 (2011), opinion reinstated in relevant part, 658 F.3d 897 (9th Cir. 2011); see also 2 NeSmith v. Cnty. of San Diego, No. 15-CV-629, 2019 WL 1326701 , at *21 (S.D. 3 Cal. Mar. 25, 2019) (“The Ninth Circuit has held that a suicide risk or an attempted 4 suicide is a serious medical need.” (citing Conn, 591 F.3d at 1095 )), aff’d in part, 5 appeal dismissed in part sub nom.
discussed
Cited as authority (rule)
Horton II v. Gittere
Moreover, this requires Horton to “demonstrate that the 27 defendants’ actions were both an actual and proximate cause of [his] injuries.” Lemire v. 1 1081, 1098- 1101 (9th Cir. 2010), vacated by City of Reno, Nev. v. Conn, 563 U.S. 915 2 (2011), reinstated in relevant part 658 F.3d 897 (9th Cir. 2011). 3 Here, as detailed above, Dr. Hanf submitted authenticated and undisputed 4 evidence which affirmatively shows Horton received adequate care while incarcerated 5 related to his heart condition, breathing, and respiratory issues.
cited
Cited as authority (rule)
Smith v. NaphCare Inc
City of Reno, Nev. v. Conn, 563 U.S. 915 18 (2011), and opinion reinstated, 658 F.3d 897 (9th Cir. 2011). 19 1.
discussed
Cited as authority (rule)
Dana Tompkins Barnett v. County of Los Angeles
“A heightened suicide risk . . . is a 21 serious medical need.” Conn v. City of Reno, 591 F.3d 1081, 1095 (9th Cir. 2010) 22 (citing Doty, 37 F.3d at 546 ), vacated, City of Reno, Nev. v. Conn, 563 U.S. 915 23 (2011), reinstated in relevant part, Conn v. City of Reno, 658 F.3d 897 (9th Cir. 24 2011). 25 “To show deliberate indifference, the plaintiff must demonstrate that (1) the 26 defendant purposefully acted or failed to respond to the incarcerated individual’s pain 27 or possible medical need and (2) that this indifference caused the incarcerated 28 individual harm.” NeSmith, 201…
discussed
Cited as authority (rule)
Roberts v. Khounphixay
This is because “[i]t is clearly established that the Eighth Amendment protects 7 against deliberate indifference to a detainee’s serious risk of suicide.” Conn v. City of Reno, 591 8 F.3d 1081, 1102 (9th Cir.2010), judgment vacated, City of Reno, Nev. v. Conn, 563 U.S. 915 9 (2011), and opinion reinstated, 658 F.3d 897 (9th Cir.2011).
discussed
Cited as authority (rule)
Arellano, Jr. v. Dean
(2×)
also: Cited "see"
“Deliberate 12 indifference thus requires an objective risk of harm and a subjective awareness of that 13 harm.” Conn v. City of Reno, 591 F.3d 1081, 1095 (9th Cir. 2010), vacated, 563 U.S. 915 14 (2011), opinion reinstated in relevant part, 658 F.3d 897 (9th Cir. 2011) (citing Farmer v. 15 Brennan, 511 U.S. 825, 837 (1994)).
discussed
Cited "see"
(PS) Yee v. Sacramento County Jail
See id. (discussing Clouthier v. County of 10 Contra Costa, 591 F.3d 1232 (9th Cir. 2010), overruled by Castro, 833 F.3d 1060 , and Conn v. 11 City of Reno, 591 F.3d 1081 (9th Cir. 2010), vacated, 563 U.S. 915 (2011), and reinstated in 12 relevant part, 658 F.3d 897 (9th Cir. 2011)).
discussed
Cited "see"
(PC) Rice v. Fielder
See Jackson v. McIntosh, 90 F.3d 15 330, 332 (9th Cir. 1996). 16 The Ninth Circuit has expressly held that, “[a] heightened suicide risk or an 17 attempted suicide is a serious medical need.” Conn v. City of Reno, 591 F.3d 1081, 1095 (9th 18 Cir. 2010), vacated, 563 U.S. 915 (2011), opinion reinstated in relevant part, 658 F.3d 897 (9th 19 Cir. 2011).
discussed
Cited "see"
Lowe v. California Forensic Medical Group, Inc.
See Conn v. City of Reno, 572 21 F.3d 1047, 1061 (9th Cir. 2009), amended and superseded, 591 22 F.3d 1081 (9th Cir. 2010), vacated, 563 U.S. 915 (2011), 23 reinstated and amended, 658 F.3d 897 (9th Cir. 2011). 24 3.
examined
Cited "see"
Buddy Kamakeeaina v. Tyler Maalo
(3×)
See Conn v. City of Reno, 591 F.3d 1081, 1096-98 (9th Cir. 2010), vacated, 563 U.S. 915 , 131 S.Ct. 1812 , 179 L.Ed.2d 769 (2011), reinstated in relevant part, 658 F.3d 897 (9th Cir. 2011).
cited
Cited "see"
Al Odah v. United States of America
See Al Odah v. United States, 648 F.Supp.2d 1 (D.D.C.2009), aff'd, 611 F.3d 8 (D.C.Cir.2010), cert. denied, — U.S.-, 131 S.Ct. 1812 , 179 L.Ed.2d 772 (2011).
discussed
Cited "see"
Loretta Johnson v. City of Unalakleet
(2×)
See City of Reno v. Conn, — U.S. -, 131 S.Ct. 1812 , 179 L.Ed.2d 769 (2011) (vacating the judgment in light of Connick); Conn, 658 F.3d 897 (9th Cir.2011) (reinstating only some portions of the opinion).
cited
Cited "see, e.g."
United States v. Cooley
See, e.g., Conn v. City of Reno, 591 F.3d 1081, 1101 (9th Cir. 2010), vacated, 563 U.S. 915 (2011), reinstated in relevant part, 658 F.3d 897 (9th Cir. 2011).
discussed
Cited "see, e.g."
(PS) Schmitz v. Asman
See, e.g., Conn v. City of Reno, 591 21 F.3d 1091 , 1095 (9th Cir. 2010) (“A heightened suicide risk or an attempted suicide is 22 a serious medical need.” (citing Doty v. Cnty. of Lassen, 37 F.3d 540, 546 (9th Cir. 23 1994))), vacated, City of Reno, Nev. v. Conn, 563 U.S. 915 (2011), reinstated in relevant 24 part, Conn v. City of Reno, 658 F.3d 897 (9th Cir. 2011); Pajas v. Cnty. of Monterey, No. 25 16-CV-00945-LHK, 2016 WL 3648686 , at *10 (N.D.
discussed
Cited "see, e.g."
(PC) Lewis v. United States of America
Foster v. Runnels, 554 F.3d 807, 814 (1970); see also Conn v. City of 2 Reno, 591 F.3d 1081, 1097 (9th Cir. 2010) (holding that the magnitude of the risk must be “so 3 obvious that [the defendant] must have been subjectively aware of it”), vacated, 563 U.S. 915 4 (2011), reinstated in relevant part, 658 F.3d 897 (9th Cir. 2011). 5 The question under the Eighth Amendment is whether prison officials, acting with 6 deliberate indifference, exposed a prisoner to a sufficiently substantial “risk of serious damage to 7 his future health . . . .” Farmer, 511 U.S. at 843 . “[D]eliberate indi…
discussed
Cited "see, e.g."
(PC) Vanzuylen v. Ribera
Foster v. Runnels, 554 F.3d 807, 814 (1970); see also Conn v. City of 6 Reno, 591 F.3d 1081, 1097 (9th Cir. 2010) (holding that the magnitude of the risk must be “so 7 obvious that [the defendant] must have been subjectively aware of it”), vacated, 563 U.S. 915 8 (2011), reinstated in relevant part, 658 F.3d 897 (9th Cir. 2011). 9 The question under the Eighth Amendment is whether prison officials, acting with 10 deliberate indifference, exposed a prisoner to a sufficiently substantial “risk of serious damage to 11 his future health....” Farmer, 511 U.S. at 843 . “[D]eliberate indiff…
discussed
Cited "see, e.g."
(PC) Little v. Ribera
Foster v. Runnels, 554 F.3d 807, 814 (1970); see also 1 Conn v. City of Reno, 591 F.3d 1081, 1097 (9th Cir. 2010) (holding that the magnitude of the 2 risk must be “so obvious that [the defendant] must have been subjectively aware of it”), 3 vacated, 563 U.S. 915 (2011), reinstated in relevant part, 658 F.3d 897 (9th Cir. 2011). 4 The question under the Eighth Amendment is whether prison officials, acting with 5 deliberate indifference, exposed a prisoner to a sufficiently substantial “risk of serious damage 6 to his future health . . . .” Farmer, 511 U.S. at 843. “[D]eliberate indif…
discussed
Cited "see, e.g."
(PC) Little v. Ribera
Foster v. Runnels, 554 F.3d 807, 814 (1970); see also 22 Conn v. City of Reno, 591 F.3d 1081, 1097 (9th Cir. 2010) (holding that the magnitude of the 23 risk must be “so obvious that [the defendant] must have been subjectively aware of it”), 24 vacated, 563 U.S. 915 (2011), reinstated in relevant part, 658 F.3d 897 (9th Cir. 2011). 25 The question under the Eighth Amendment is whether prison officials, acting with 26 deliberate indifference, exposed a prisoner to a sufficiently substantial “risk of serious damage 27 to his future health . . . .” Farmer, 511 U.S. at 843. “[D]eliberate…
examined
Cited "see, e.g."
Jonathon Castro v. County of Los Angeles
(3×)
See, e.g., Conn v. City of Reno, 591 F.3d 1081 , 1098–1101 (9th Cir. 2010)) (holding that a corrections officer’s failure to respond to warnings of harm could be an actual cause of that inmate’s suicide 48 hours later), vacated, 131 S. Ct. 1812 (2011), reinstated in relevant part, 658 F.3d 897 (9th Cir. 2011).
examined
Cited "see, e.g."
Jonathon Castro v. County of Los Angeles
(3×)
See, e.g., Conn v. City of Reno, 591 F.3d 1081, 1098-1101 (9th Cir.2010) (holding that a corrections officer’s failure to respond to warnings of harm could be an actual cause of that inmate’s suicide 48 hours later), vacated, — U.S. -, 131 S.Ct. 1812 , 179 L.Ed.2d 769 (2011), reinstated in relevant part, 658 F.3d 897 (9th Cir.2011).
examined
Cited "see, e.g."
Cotta v. County of Kings
(4×)
See, e.g., Conn v. City of Reno, 591 F.3d 1081, 1096 (9th Cir.2010) (citing Farmer, 511 U.S. at 828, 114 S.Ct. 1970 ) (emphasis in original), vacated, — U.S. -, 131 S.Ct. 1812 , 179 L.Ed.2d 769 (2011), reinstated as modified, 658 F.3d 897 (9th Cir.2011) (§ 1983 action brought by children of pre-trial detainee who committed suicide).
discussed
Cited "see, e.g."
United States v. Robinson
See, e.g., United States v. Favara, 615 F.3d 824, 829 (7th Cir.2010), cert. denied, Custable v. United States, — U.S.-, 131 S.Ct. 1812 , 179 L.Ed.2d 772 (2011); United States v. Nurek, 578 F.3d 618, 625-26 (7th Cir.2009), cert. denied, — U.S.-, 130 S.Ct. 2093 , 176 L.Ed.2d 729 (2010); United States v. Patterson, 576 F.3d 431, 444 (7th Cir. 2009), cert. denied, — U.S. -, 130 S.Ct. 1284 , 175 L.Ed.2d 1078 , (2010).
discussed
Cited "see, e.g."
United States v. Latonya Robinson
See, e.g., United States v. Favara, 615 F.3d 824, 829 (7th Cir. 2010), cert. denied, Custable v. United States, 131 S.Ct. 1812 (2011); United States v. Nurek, 578 F.3d 618 , 625‐26 (7th Cir. 2009), cert. denied, 130 S.Ct. 2093 (2010); United States v. Patterson, 576 F.3d 431, 444 (7th Cir. 2009), cert. denied, 130 S.Ct. 1284 , (2010).
Retrieving the full opinion text from the archive…
City of Reno, Nevada
v.
Charla Conn
v.
Charla Conn
No. 09-1361.
Supreme Court of the United States.
Apr 4, 2011.
179 L. Ed. 2d 769
Cited by 44 opinions | Published
Citer courts: E.D. California (1) · District of Columbia (1)
On petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Petition for writ of certiorari granted. Judgment vacated, and case remanded to the United States Court of Appeals for the Ninth Circuit for further consideration in light of Connick v. Thompson, 563 U.S. 51, 131 S. Ct. 1350, 179 L. Ed. 2d 417 (2011).
Same case below, 591 F.3d 1081.