U.S. Court of Appeal 9th Circuit Opinions
Case Summaries-March 20, 2000-March 17, 2000

9TH Circuit Case Law 3/20/00
Date: Mon, 20 Mar 2000 16:19:33 -0800

ENVIRONMEN TAL LAW

WEST v. SECRETARY OF DOT (3/20/00 - No. 9736118)
Federal Highway Administration improperly used documented categorical
exclusion on its highway interchange construction project, as it did not
provide the proper level of environmental review.

To read the full text of this opinion, go to:
http://laws.findlaw.com/9TH/9736118.html


CRIMINAL PROCEDURE

USA v. STEPHENS (3/20/00 - No. 9810374)
Defendant’s abandonment of his carryon baggage during routine narcotics and
weapons investigation was involuntary and the result of an unlawful seizure,
as police officers failed to advise bus passengers that they were free to
remain on the bus and to decline to answer questions.

Note: See United States Supreme Court Opinion on this issue.

To read the full text of this opinion, go to:
http://laws.findlaw.com/9TH/9810374.html


BANKRUPTCY/TAX LAW

IRS v. PALMER (3/20/00 - No. 9835577)
Fraud determination by Tax Court resulting from petitioner’s failure to
controvert Commissioner’s fraud allegations and to otherwise participate in
the proceedings does not collaterally estop him from contesting the fraud in
a subsequent bankruptcy proceeding since question of fraud was not actually
litigated in Tax Court.

To read the full text of this opinion, go to:
http://laws.findlaw.com/9TH/9835577.html


TORT/CONSTITUTIONAL LAW

DEGRASSI v. CITY OF GLENDORA (3/20/00 - No. 9855802)
City Council member sued for statements made in scope of her official duties
is not entitled to unconditional defense from City under California Tort
Claims Act.

Plaintiff’s First Amendment free speech rights were not infringed by her
exclusion from Council meetings, since exclusion resulted from her status as
a party rather than her viewpoint, and it did not interfere with her ability
to speak out in public or to represent her constituents.

To read the full text of this opinion, go to:
http://laws.findlaw.com/9TH/9855802.html

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