The Ninth U.S. Circuit Court of Appeals yesterday affirmed an order granting a motion by Google to dismiss an action brought against it by a man who claims the online service provider was obliged to take down a channel that usurps his identity by using a likeness of him as its icon.

The Ninth U.S. Circuit Court of Appeals held yesterday that a party who asserts that he was wrongly incarcerated for murder, before his conviction was overturned for insufficient evidence, raised a genuine issue of material fact as to his claim that an investigating officer deliberately fabricated evidence, drawing a dissent saying that the detective’s actions did not meet the “stringent test” established for such a constitutional violation.

Joaquin Ciria, who was freed from prison with the support of then-District Attorney Chesa Boudin, has won a federal appeals court's approval to sue San Francisco police after spending 32 years incarcerated for a murder he didn’t commit.

Presiding Justice Teri L. Jackson authored yesterday’s unpublished opinion, joined in by Justices Gordon B. Burns and Danny Y. Chou, saying: “A driver, such as defendant, wearing strong cologne and having red, glossy eyes after completing a day’s work at a construction site, is unremarkable given the multitude of plausible explanations having nothing to do with alcohol impairment.”