Civil Rights Clinic Students Win in U.S. Court of Appeals for the Ninth Circuit
On May 28, 2013, the U.S. Court of Appeals for the Ninth Circuit in San Francisco ruled in favor of a Civil Rights Clinic client in a case that students Elizabeth Klueck '13 and Julia Luster '13 had argued only two weeks before. The Clinic's client, a state prisoner, brought a lawsuit challenging his long-term segregated housing custody status. The defendant correctional officials appealed from the lower court's decision to defer ruling on their claim of immunity. A principal issue argued by the students was whether the appellate court had jurisdiction to decide the case at this preliminary stage.
The panel of three Ninth Circuit judges, in a per curiam decision, ruled that it lacked jurisdiction to rule on the appeal because the lower court's order did not deny the immunity defense, but merely deferred ruling on it. The case was decided by Circuit Judges M. Margaret McKeown and Paul J. Watford, and Algenon Marbley, a district judge from Ohio sitting by designation. The Clinic students are supervised by Professor Carter White.
Pictured: Elizabeth Klueck '13, Julia Luster '13, and Professor Carter White
Oral argument audio recording in No. 12-16459 Real v. WalkerUnpublished opinion in No. 12-16459 Real v. Walker