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Ninth Circuit Panel Publishes Opinion Adopting Johanna Schiavoni’s Novel Arguments In Civil Rights Case With Broad Implications Regarding Claims for Medical Treatment

A 3-judge panel of the Ninth Circuit Court of Appeals accepted Johanna’s request to publish its previously unpublished decision in Pride v. Correa, a case with broad implications in civil rights and medical treatment litigation in the State of California. In its published opinion, the appellate court adopted Johanna’s arguments for reversal of the trial court’s dismissal of a prisoner’s claim for injunctive relief against a prison facility that is blocking medical treatment duly prescribed by physicians.

This was a legal issue of first impression in the Ninth Circuit, and resolved a conflict among numerous lower courts, subsequent to the U.S. Supreme Court’s decision in Plata v. Brown. In its accompanying memorandum decision, the Ninth Circuit also largely adopted Johanna’s arguments for reversal of the trial court’s summary judgment of the client’s damages claims and reversal of the trial court’s decision denying the client’s request to conduct additional discovery.  The case was remanded for a trial on the merits of the client’s claims.  Pride v. Correa, 719 F.3d 1130 (9th Cir. 2013).

Read the opinion and memorandum decision here.

The Board of Immigration Appeals Adopts Johanna Schiavoni’s Arguments and Reverses the Immigration Judge’s Termination of Client’s Asylum

The Board of Immigration Appeals, the intermediate appellate body for all immigration cases nation-wide, adopted Johanna Schiavoni’s argument challenging the Immigration Judge’s termination of asylum without making required findings in support of the termination. The Board’s opinion also remanded the case and re-opened the proceedings, specifically to allow the client to present several additional arguments raised on appeal regarding the court’s defective notice of the termination proceedings and legal challenges to the Immigration Judge’s determination that the client suffered a conviction that barred him from adjusting his status to that of lawful permanent resident.

Read the opinion here.