Jerry Lee King, an inmate, brought the civil rights lawsuit against California corrections officers R. Villegas, P. Cruz, and J. Curry in the Eastern District of California. The case originated in Fresno federal court in 2017, suggesting a long-running dispute over alleged constitutional violations during King's incarceration.
Chief Judge Mary Murguia issued the brief order granting en banc review after "the vote of a majority of nonrecused active judges." The court provided no explanation for why the case merited full circuit review, simply stating that it "be reheard en banc pursuant to Federal Rule of Appellate Procedure 40(c) and Circuit Rule 40-3." The panel's original decision was completely "vacated."
The case has been winding through federal court since King filed his complaint in 2017 in the Eastern District of California. After district court proceedings, the case reached the three-judge appellate panel, which issued an opinion that has now been wiped clean by Friday's en banc order.
En banc review by the full Ninth Circuit is relatively rare and typically reserved for cases involving significant legal questions or conflicts with established precedent. The case will now be scheduled for rehearing before all active judges on the circuit, potentially setting new precedent for prisoner civil rights litigation in the western United States.