Brooke Newman and Madeline Enlow Appear Before Ninth Circuit Court of Appeals

Recent Pepperdine Caruso Law graduates Madeline Enlow (JD ‘25) and Brooke Newman (JD ’25) presented oral argument before the United States Court of Appeals for the Ninth Circuit on June 6. Enlow and Newman, as part of their participation in the Ninth Circuit Appellate Advocacy Clinic, represented Justin Paulo, who is incarcerated in Nevada state prison. Paulo is a plaintiff in a civil rights lawsuit alleging that prison officials violated his Eighth Amendment rights by not allowing him out of his cell for outdoor exercise, and violated his First Amendment rights by not providing him with meals consistent with his religious beliefs as a Buddhist. The district court granted summary in favor of the defendants on Paulo’s Eighth Amendment claim but granted summary judgment in favor of Paulo on his First Amendment claim.

Paulo, who represented himself in the district court, appealed to the Ninth Circuit, challenging the dismissal of his Eighth Amendment claim. The defendants filed a cross-appeal to challenge the ruling against them on the First Amendment claim. The Ninth Circuit appointed the Pepperdine Caruso Law Ninth Circuit Appellate Advocacy Clinic as pro bono counsel to represent Paulo on appeal. Newman and Enlow were responsible for reviewing the entire appellate record, identifying arguments for appeal, researching the issues, and drafting Paulo’s appellate briefs, working under the supervision of clinic co-directors Curt Cutting and Rebecca Powell. The cross-appeal made the case especially challenging. Newman and Enlow had to simultaneously brief Paulo’s appeal while also preparing the opposition to the cross-appeal.

At oral argument, a three-judge panel of the Ninth Circuit actively questioned counsel for both sides. The presiding judge raised an issue that had not been briefed by the parties, but Enlow and Newman were ready to address the issue because they had analyzed the issue as part of their oral argument preparations. The court thanked them for their service to the court as pro bono advocates. The court's decision is forthcoming.