Gregorio T. By and Through Jose T. v. Wilson
| Decision Date | 05 July 1995 |
| Docket Number | Nos. 95-55186,95-55188,95-55191 and 95-55192,s. 95-55186 |
| Parties | 95 Cal. Daily Op. Serv. 5463 GREGORIO T., by and through His Guardian Ad Litem JOSE T.; Xiomara T.; Maria R.; Carlos P., by and through His Guardian Ad Litem Ana P., Plaintiffs-Appellees, and California Association of Catholic Hospitals; City of Los Angeles, Plaintiffs-Intervenors, v. Pete WILSON, Governor, of the State of California; Daniel E. Lungren, Attorney General, for the State of California; Kimberly Belshe, Director, of the Department of Health Services for the State of California; Eloise Anderson, Director, of the Department of Social Services for the State of California, Defendants-Appellants. LEAGUE OF UNITED LATIN AMERICAN CITIZENS, Plaintiff-Appellee, v. Pete WILSON, Governor, of the State of California; Daniel E. Lungren, Attorney General, for the State of California; Kimberly Belshe, Director, of the Department of Health Services for the State of California; Eloise Anderson, Director, of the Department of Social Services for the State of California, Defendants-Appellants, and Orange Unified School District; San Diego Unified School District; William D. Dawson, Acting Superintendent of Public Instruction, for the State of California, Defendants. Barbara AYALA, a minor, by and through Her Guardian Ad Litem, Andrea Ayala, Plaintiff-Appellee, v. Pete WILSON, Governor, of the State of California; Daniel E. Lungren, Attorney General, for the State of California; Kimberly Belshe, Director, of the Department of Health Services for the State of California; Eloise Anderson, Director, of the Department of Social Services for the State of California, Defendants-Appellants, and Alhambra Unified School District, Defendant. CHILDREN WHO WANT AN EDUCATION, who are undocumented in America, who will be adversely affected by California Proposition 187, Plaintiff-Appellee, v. Pete WILSON, Governor, of the State of California; Daniel E. Lungren, Attorney General, for the State of California; Kimberly Belshe, Director, of the Department of Health Services for the State of |
| Court | U.S. Court of Appeals — Ninth Circuit |
John H. Sugiyama, Sr. Asst. Atty. Gen., San Francisco, CA, for defendants-appellants.
Carlos Holguin, Center for Human Rights & Constitutional Law, Los Angeles, CA, for plaintiff-appellee League of United Latin American Citizens.
James M. Harris, Sidley & Austin, Los Angeles, CA, for plaintiffs-appellees California Ass'n of Catholic Hospitals, and Catholic Health Care Ass'n of the U.S.
Stephen Yagman, Yagman & Yagman, Venice, CA, for plaintiff-appellee Children Who Want an Educ.
Fred J. Kumetz, Kumetz & Glick, Los Angeles, CA, for plaintiff-appellee Barbara Ayala.
Karl Manheim, Loyola Law School, Los Angeles, CA; Mark D. Rosenbaum, ACLU Foundation of Southern California, Los Angeles, CA; Thomas A. Saenz, Mexican American Legal Defense and Educ. Fund, Los Angeles, CA; Bruce Iwasaki, O'Melveny & Myers, Los Angeles, CA, for plaintiff-appellee Gregorio T.
Jessica F. Heinz, Deputy City Attorney, Los Angeles, CA, for plaintiff-appellee City of Los Angeles.
Appeals from the United States District Court for the Central District of California.
Before: WALLACE, Chief Judge, HUG, and NOONAN, Circuit Judges.
Governor Pete Wilson and other officials of the State of California (State officers) appeal from the district court's preliminary injunction against implementation and enforcement of sections 4, 5, 6, 7, and 9 of Proposition 187. In a previous order, we consolidated and expedited these appeals for consideration under new Ninth Circuit Rule 3-3 (effective July 1, 1995), and retained jurisdiction for decision on the merits. See Gregorio T. v. Wilson, 54 F.3d 599 (9th Cir.1995). The State limits its arguments on appeal to whether the district court improperly entered its preliminary injunction because it is required to abstain under Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971), or Railroad Comm'n v. Pullman Co., 312 U.S. 496, 61 S.Ct. 643, 85 L.Ed. 971 (1941).
The parties have briefed this issue as if we were to decide de novo the merits of the abstention decisions of the district court. In our earlier order, we directed their attention to Sports Form, Inc. v. United Press International, 686 F.2d 750 (9th Cir.1982) (Sports Form), to provide guidance for their briefing and so that they could be of most assistance to the court. Their briefs will be of great help to us if the district court enters a permanent injunction and it is appealed, but that is not the issue before us.
A preliminary "injunction will be reversed only if the district court relied on an erroneous legal premise or abused its discretion." Id. at 752. We focus initially on whether the district court got the law right, that is, whether "the court [employed] the appropriate legal standards which govern the issuance of a preliminary injunction, [and] if, in applying the appropriate standards, the court misapprehend[ed] the law with respect to the underlying issues in litigation." Id. (citations omitted).
Thus, we do not review the underlying merits of the case. As long as the district court got the law right, ...
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League of United Latin American Citizens v. Wilson
...did not abuse its discretion by declining to abstain at the preliminary injunction stage. Gregorio T. by and through Jose T. v. Wilson, 59 F.3d 1002 (9th Cir.1995). 5. The following parties joined in LULAC's motion: defendant San Diego Unified School District; defendant and amicus curiae Lo......
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...Ninth Circuit Rule 3-3 (effective July 1, 1995), retained jurisdiction over the merits of the appeals. Id. at 600; see Gregorio T. v. Wilson, 59 F.3d 1002 (9th Cir.1995). Pursuant to Gregorio T., we likewise retained jurisdiction over the merits of these appeals, which, similarly, challenge......
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...will be reversed only if the district court relied on an erroneous legal premise or abused its discretion.’ ” Gregorio T. v. Wilson, 59 F.3d 1002, 1004 (9th Cir.1995) (quoting Sports Form, Inc. v. United Press Int'l, 686 F.2d 750, 752 (9th Cir.1982)). In reviewing the grant of a preliminary......
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Case summaries.
...finding of fact." Desert Citizens Against Pollution v. Bisson, 231 F.3d 1172, 1176 (9th Cir. 2000). See also Gregoria T. v. Wilson, 59 F.3d 1002, 1004 (9th Cir. (437) Kootenai Tribe, 313 F.3d at 1115 (citing Idaho Sporting Cong., Inc. v. Alexander, 222 F.3d 562, 565 (9th Cir. 2000)). (438) ......