Diamond S.J. Enterprise, Inc. v. City of San Jose
Opinion
Opinion
FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
DIAMOND S.J. ENTERPRISE, No. 20-15085 INC., DBA S. J. Live, D.C. No. Plaintiff-Appellant, 5:18-cv-01353-
LHK
v.
CITY OF SAN JOSE, OPINION
Defendant-Appellee.
Appeal from the United States District Court for the Northern District of California Lucy H. Koh, District Judge, Presiding
Argued and Submitted May 14, 2021 Submission Vacated April 25, 2022 Resubmitted August 28, 2023 San Francisco, California
Filed April 30, 2024
Before: Jacqueline H. Nguyen and Daniel P. Collins, Circuit Judges, and Timothy M. Burgess,* District Judge.
* The Honorable Timothy M. Burgess, Chief United States District Judge for the District of Alaska, sitting by designation. DIAMOND S.J. ENTER., INC. V. CITY OF SAN JOSE
Opinion by Judge Nguyen; Dissent by Judge Collins
SUMMARY**
First Amendment/Prior Restraint
The panel affirmed the district court’s dismissal of plaintiff Diamond S.J. Enterprise’s claims, and its summary judgment for the City of San Jose, in Diamond’s action alleging First Amendment and due process violations when the City…