Civil Rights Clinic Wins Partial Victory in the Ninth Circuit

On Aug. 15, the United States Court of Appeals for the Ninth Circuit issued a published opinion in Chambers v. Herrera, No. 20-55004. The court held that the Civil Rights Clinic’s client, a former federal prisoner, may continue to pursue his Bivens claim for deprivation of medical care, but that his other claims were no longer viable in light of the recent Supreme Court decision in Egbert v. Boule.

Earlier this year, Christine Hanon ’23 presented oral argument in the appeal before a three-judge panel in San Francisco. Ninth Circuit Judges Jay S. Bybee, Ryan D. Nelson and Senior District Judge Jed S. Rakoff of the Southern District of New York comprised the panel that heard the appeal. Nelson authored the panel’s unanimous opinion in the case.

Emily Dennis ’22 and Abigail Miles ’22 drafted the briefs for this case during the 2021-22 academic year. Hanon drafted a supplemental brief after the Supreme Court decided the Egbert case. Lena Foellmer ’23 was co-counsel in preparing for the oral argument. Professors Holly Cooper, Katherine Florey, Irene Joe, Carlton Larson, Brian Soucek and Aaron Tang helped Hanon prepare for oral argument.

The case was referred to the clinic through the Ninth Circuit’s Pro Bono Program, through which clinic students brief and argue appeals on behalf of indigent clients in civil rights cases.

Professor and Civil Rights Clinic Director Carter White supervised the students’ work on the case. The Civil Rights Clinic will celebrate its 30th anniversary later this year.

Watch a video of the Ninth Circuit argument. Read the published opinion here.

Read the Ninth Circuit's published opinion here.