Unpublished Decisions

U.S. v. Villareal, 2009 WL 3526561 (11/2/09) (unpub'd) - Pro se appellant's filing of IFP motion constituted a timely filing of a notice of appeal, although the motion did not state what judgment the appellant was appealing or to what court he was appealing. The 2255 movant's prior waiver of collateral relief would not be effective if the government had breached the plea agreement containing the waiver. But the government's failure to seek a substantial-assistance downward departure did not violate the agreement because the agreement left a departure motion up to the government unless the government determined the defendant gave substantial assistance. The government did not make that determination.

Bridges v. Yeager, 2009 WL 3601241 (11/3/09) (unpub'd) - The plaintiff stated a claim for relief for excessive force where she alleged that, when she got one of her hands out of her handcuffs to reach for her prenatal vitamins, the officer pushed her down a flight of stairs and put his knee on her back, smashing her head against the ground, while she was face-down trying to protect her unborn child. It was disputed whether the plaintiff swung at the officer and a suspect's noncompliance does not authorize excessive force.

Rhoads v. Miller, 2009 WL 3646078 (11/5/09) (unpub'd) - The 66-year-old plaintiff stated a claim for relief where he alleged an officer pulled him out of his wheelchair, tipped him over, kicked him in the ribs and stomped on his hands, resulting in dislocation of his elbow.

Barrett v. Philpot, 2009 WL 3526492 (11/2/09) (unpub'd) - In a case where the plaintiff was proceeding in forma pauperis, the d. ct. abused its discretion when it dismissed two defendants for lack of service on them without inquiring of the U.S. Marshalls why they had not served those defendants.