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Disability Rights Oregon, et al. v. Hathi, et al. — 9th Cir. (Sep 17, 2026)

No. 25-3868 Argued September 17, 2026 Published September 21, 2026

The Ninth Circuit hears Disability Rights Oregon v. Hathi. Oregon courts find criminal defendants unable to understand proceedings or help with their defense. They may wait in jail for transfer to Oregon State Hospital for competency-restoration treatment. A 2002 federal injunction requires the hospital to admit them within seven days. In January 2025, the average wait was 29 days. Disability Rights Oregon sought civil contempt, which lets a court use sanctions to compel compliance with its order. After a March hearing, the district judge found the state health officials in contempt and imposed a daily 500-dollar sanction for each person waiting beyond seven days. The central issue is procedural: the judge received the court-appointed neutral expert's eleventh report after the hearing and relied on it in the June decision. The officials say they had no fair chance to rebut new information; the appellees say the report repeated familiar data and the hearing record independently supports contempt. The officials also challenge the order's clarity and the fines' justification.

Disability Rights Oregon, et al. v. Hathi, et al. (No. 25-3868) — U.S. Court of Appeals for the Ninth Circuit, argued September 17, 2026.

Sources
Argument audio — U.S. Court of Appeals for the Ninth Circuit (public domain, 17 U.S.C. § 105):https://cdn.ca9.uscourts.gov/datastore/media/2026/09/17/25-3868.mp3
Argument page — U.S. Court of Appeals for the Ninth Circuit:https://www.ca9.uscourts.gov/cases/streams-videos/archive?case=25-3868&hearingDate=2026-09-17
June 2025 contempt order — U.S. District Court for the District of Oregon:https://www.oregon.gov/oha/OSH/reports/Mink-Contempt-Ruling.pdf
Mink/Bowman case materials — Oregon Health Authority:https://www.oregon.gov/oha/OSH/Pages/mink-bowman.aspx
Oregon State Hospital contempt appeal — Oregon Public Broadcasting:https://www.opb.org/article/2025/06/20/oregon-state-hospital-contempt-appeal/
Appellate docket — Justia (PACER-derived):https://dockets.justia.com/docket/circuit-courts/ca9/25-3868
Thomas Stenson — Disability Rights Oregon:https://www.droregon.org/our-staff/thomas-stenson

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