Grant v. City of Long Beach, No. 22-56121 (9th Cir. 2024)
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The case involves Larry Grant and his daughter P.C. who filed an appeal against the City of Long Beach and Gabriela Rodriguez, alleging that their constitutional rights to association and due process were violated. They also raised several state-law claims. The United States Court of Appeals for the Ninth Circuit found that the appellants’ opening brief was riddled with misrepresentations and fabricated case law. The brief did not comply with the Federal Rule of Appellate Procedure 28(a)(8)(A) as it did not contain the appellants’ contentions and the reasons for them, with citations to the authorities and parts of the record on which the appellant relies.
The court noted that the brief cited cases that were misrepresented or did not exist, and did not provide coherent explanations of how the accurately cited cases supported the appellants’ claims. The appellants also failed to file a reply brief. The court observed that the magnitude of the appellants’ citations to apparently fabricated cases necessitated a questioning of their counsel about these cases, but the counsel did not acknowledge the fabrications.
Given the extent of non-compliance with the Court rules, the Ninth Circuit court decided to strike the appellants’ brief and dismiss the appeal. The court holds that it is crucial for parties to present reliable and understandable support for their claims to ensure fair consideration of cases on appeal.
Court Description: Federal Rule of Appellate Procedure 28 The panel struck appellants’ opening brief in its entirety pursuant to Ninth Circuit Rule 28-1 because it materially failed to comply with Circuit rules and dismissed the appeal.
The panel noted that appellants filed an opening brief replete with misrepresentations and fabricated case law. The brief included only a handful of accurate citations, almost all of which were of little use to this Court because they were not accompanied by coherent explanations of how they supported appellants’ claims. No reply brief was filed. The deficiencies violated Federal Rule of Appellate Procedure 28(a)(8)(A). The panel was, therefore, compelled to strike appellants’ brief and dismiss the appeal.
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