Armstrong v. Wilson

124 F.3d 1019, 1997 WL 525521
Court of Appeals for the Ninth Circuit·Decided August 27, 1997·No. No. 96-16870·Published·Cited by 126 cases

Opinion

GOODWIN, Circuit Judge.

California state officials appeal an injunction entered in a class action brought by California state prison inmates and parolees with disabilities, who sought relief for violations of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12131-34, and the Rehabilitation Act of 1973 (“RA”), 29 U.S.C. § 794. The district court denied the defendants’ motion for summary judgment based on the Eleventh Amendment, found that the [1021] defendants had violated both statutes, and entered a remedial order and injunction directing them to develop a plan for compliance •with the statutes. The defendants appeal, and we affirm.

I. FACTS AND PROCEDURAL HISTORY

A certified class of all present and future California state prison inmates and parolees with disabilities sued California state officials in their official capacities, seeking injunctive relief for violations of the RA and the ADA in state prisons. The parties stipulated that some prison facilities lack adequate emergency evacuation plans for prisoners with disabilities, that the range of vocational programs for disabled inmates is more limited than the range provided for non-disabled prisoners, and that some disabled inmates have been improperly classified for work and educational purposes so as to deny them the sentence reduction credits afforded to other inmates.

The defendants do not challenge the content of the injunction or the district court’s finding that they violated the statutes. They argue only that the ADA and RA do not apply to state prisons and that the Eleventh Amendment bars this suit in federal court.

II. JURISDICTION

We address first the plaintiffs’ contentions that we lack jurisdiction to consider the appeal of the injunction. See Bender v. Williamsport Area Sch. Dist., 475 U.S. 534, 541, 106 S.Ct. 1326, 1331, 89 L.Ed.2d 501 (1986) (“[Ejvery federal appellate court has a special obligation to satisfy itself ... of its own jurisdiction ....”) (internal quotations omitted)). Although we previously denied the defendants’ petition to proceed with the appeal under 28 U.S.C. § 1292(b), which permits immediate appeal of an order if it “involves a controlling question of law as to which there is substantial ground for difference of opinion and ... an immediate appeal ... may materially advance the ultimate termination of the litigation,” 28 U.S.C. § 1292(b), the defendants brought the current appeal under 28 U.S.C. § 1292(a)(1). That provision establishes jurisdiction for appeals from “[ijnterlocutory orders of the district courts ... granting, continuing, modifying, refusing or dissolving injunctions.” 28 U.S.C. § 1292(a)(1).

The plaintiffs assert that our previous discretionary denial of permission to appeal under 28 U.S.C. § 1292(b) resolved that the defendants may not present in any interlocutory appeal their claims regarding the application of the statutes to prisons. However, interlocutory appeals under § 1292(a) are “by right,” while those under § 1292(b) are “by permission.” See Edwards v. Director, Office of Workers’ Comp. Progs., 932 F.2d 1325, 1328 (9th Cir.1991). We have held that a denial’ of permission to appeal under § 1292(b) does not foreclose appeal under § 1292(a), where a litigant can meet the requirements of § 1292(a). See TransWorld Airlines, Inc. v. American Coupon Exch., Inc., 913 F.2d 676, 680 (9th Cir.1990); see also City of Fort Madison v. Emerald Lady, 990 F.2d 1086, 1088-90 (8th Cir.1993) (reaching question of jurisdiction under § 1292(a) after denial of permissive appeal under § 1292(b)); Cobb v. Lewis, 488 F.2d 41,45-46 (5th Cir.1974) (finding jurisdiction under § 1292(a) after previous denial of permission to appeal under § 1292(b)).

The plaintiffs also argue that the remedial order and injunction are not appeal-able because the judgment in which they are contained merely requires the defendants to submit detailed plans for complying with the ADA and RA and is thus not an “injunction” within the meaning of § 1292(a)(1). That the district court titled its order an “injunction,” and that the parties might have understood it as such, does not end our inquiry. “In determining the appealability of an interlocutory order under 28 U.S.C. § 1292(a)(1), we look to its substantial effect .rather than its terminology.” Tagupa v. East-West Ctr., Inc., 642 F.2d 1127, 1129 (9th Cir.1981) (internal quotations omitted). We thus must decide whether the district court’s order has the substantial effect of an injunction.

Although we have never ruled on this question, a number of other circuits have held that an order requiring submission of a remedial plan is generally not an injunction [1022] that is reviewable interlocutorily under § 1292(a)(1). See, e.g., Sherpell v. Humnoke Sch. Dist. No. 5, 814 F.2d 538, 539-540 (8th Cir.1987) (order to develop plans to end race discrimination in schools); Groseclose v. Dutton, 788 F.2d 356, 359-61 (6th Cir.1986) (order to submit plans to remedy unconstitutional conditions on death row); Spates v. Manson, 619 F.2d 204, 209-11 (2d Cir.1980) (order to submit plan to improve prison legal resources); Hoots v. Pennsylvania, 587 F.2d 1340, 1348-51 (3d Cir.1978) (order to submit plan to desegregate schools). Such a rule is “consonant with the federal policy against piecemeal appeals” and “enable[s] the appellate tribunal to examine the case in the context of a specific remedial regime instead of in a mere abstract posture.” Frederick L. v. Thomas, 557 F.2d 373, 379-80 (3d Cir.1977).

Free access — add to your briefcase to read the full text and ask questions with AI

Armstrong v. Wilson, 124 F.3d 1019, 1997 WL 525521 (9th Cir. 1997).

124 F.3d 1019 (Armstrong v. Wilson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

IN RE CIM-SQ TRANSFER CASES
N.D. California, 2025
Moralez v. State of California
N.D. California, 2025
(PC) Uhuru v. Shen
E.D. California, 2025
(PC) Lawrence v. Newsom
E.D. California, 2025
(PC) Johnson v. Agarwal
E.D. California, 2025
(PC) Baker v. Macomber
E.D. California, 2025
(PC) Dickerson v. Wheeler
E.D. California, 2024
(PC) Cone v. Gamble III
E.D. California, 2024
(PC) Millare v. Starr
E.D. California, 2024
(PC) Ellis v. Williams
E.D. California, 2024
(PC) Wilson v. Castro
E.D. California, 2024
Vargas v. State of California
S.D. California, 2024
Sayres v. State of California
N.D. California, 2024
(PC) Adkins v. Kernan
E.D. California, 2024
(PC) Turner v. Singh
E.D. California, 2023
(PC) Mwasi v. Shittu
E.D. California, 2023
(PC) Spencer v. Pulido-Esparza
E.D. California, 2023