United States Ninth Circuit

In this contempt proceeding, plaintiffs contend that defendants violated this court's injunction prohibiting defendants and any party acting in concert with them from physically attacking or coming within 500 yards of the plaintiffs whaling and fueling vessels on the open sea when defendants provided substantial assistance to a campaign designed to thwart plaintiffs' whaling activities. Defendants are to be held in contempt for violating this court's injunction, where: 1) the record supports the conclusion that defendants knew of the fact that the third-party vessels would interfere with plaintiffs' whaling and fueling vessels in such a manner that was certain to violate the injunction; and 2) the Volunteer Protection Act does not immunize defendant Sea Shepherd US's volunteer board members from liability for contempt.

Appellate Information

• Decided 12/22/2014
• Published 12/22/2014

Judges

• Smith

Court

• United States Ninth Circuit

Counsel