Prison Legal News v. Paul Babeu , 552 F. App'x 747 ( 2014 )

FILED
NOT FOR PUBLICATION JAN 22 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
PRISON LEGAL NEWS, a project of the No. 13-15965
Human Rights Defense Center,
D.C. No. 2:11-cv-01761-GMS
Plaintiff - Appellant,
v. MEMORANDUM*
PAUL R. BABEU, individually and in his
official capacity as Sheriff of Pinal
County, Arizona; PINAL COUNTY,
ARIZONA; TONYA DELGADO, Sgt., in
her individual and official capacities;
ALYSSA ROMERO; LAURENDA
HENSLEY-SALISBERRY; CHERYL
MCBIRNIE; JOHN JOHNSTON;
LAUREN MCVICKER, Detention Aides,
in their individual capacities; LORETTA
VALDEZ; DALTON GAY; ERICA
CHAVEZ; DENA KELLY, in their
individual capacities; AMADO
MARTINEZ, Sgt., in his individual and
official capacities; LEONARD ARNOLD,
Sgt., in his individual and official
capacities; DAVID LINDERHOLM,
Training Specialist, in his individual and
official capacities; FRANCES HAWKINS,
Lt., in her individual and official
capacities; DENNIS RUSHING;
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Cir. R. 36-3.
MATTHEW HULL, Lt., in his individual
and official capacities; DARREN
RUSHING, Lt., in his individual and
official capacities; VERNITA GANT, Lt.,
in her individual and official capacities;
MICHELE MCNEELY, Lt., in her
individual and official capacities;
GILBERT HOYOS, Lt., in his individual
and official capacities; TERRY
JOHNSON, Captain, in his individual and
official capacities; JAYME
VALENZUELA, Captain, in his individual
and official capacities; RUBEN
MONTANO, Captain, in his individual
and official capacities; JAMES KIMBLE,
Deputy Chief, in his individual and official
capacities,
Defendants - Appellees.
Appeal from the United States District Court
for the District of Arizona
G. Murray Snow, District Judge, Presiding
Argued and Submitted January 13, 2014
San Francisco, California
Before: ALARCÓN, TALLMAN, and IKUTA, Circuit Judges.
Prison Legal News appeals the district court’s denial of its motion for a
permanent injunction against the defendants, who operate the Pinal County Jail.
Jurisdiction lies under 28 U.S.C. § 1292(a)(1) and we review for abuse of
discretion. Cummings v. Connell, 316 F.3d 886, 897 (9th Cir. 2003). Finding
none, we affirm.
“Perhaps the most significant single component in the judicial decision
whether to exercise equity jurisdiction and grant permanent injunctive relief is the
court's discretion.” Charles Alan Wright et al., 11A Fed. Pract. & Proc. § 2942 &
n.3 (2d ed. 2013) (collecting cases). Here, the district court took the
extraordinarily cautious step of seeking additional briefing and evidence on the
motion before concluding that a permanent injunction was unnecessary. In light
this attention and the extraordinary deference we must show, we cannot find an
abuse of discretion here.
AFFIRMED