Case law

Clipper Exxpress v. Rocky Mountain Motor Tariff Bureau, Inc.

674 F.2d 1252 · Court of Appeals for the Ninth Circuit · Apr 19, 1982

Defendants’ contention that Clipper’s papers are insufficient to qualify as a 59(e) motion is without merit. B. … Such a showing would merely establish that defendant’s conduct was subject to the antitrust laws. “[T]he absence of an immunity does not itself establish an antitrust offense.

Mark S. Allen v. Gold Country Casino the Berry Creek Rancheria of Tyme Maidu Indians Mattie Mayhew

464 F.3d 1044 · Court of Appeals for the Ninth Circuit · Sep 29, 2006

When the tribe establishes an entity to conduct certain activities, the entity is immune if it functions as an arm of the tribe. See, e.g., Marcean v. Blackfeet Hous. … phrase clearly contemplating suits against the Casino.

Daniel Crowe v. Oregon State Bar

989 F.3d 714 · Court of Appeals for the Ninth Circuit · Feb 26, 2021

“[N]ot all state-created or state-managed entities are immune from suit in federal court . . . . an entity may be organized or managed in such a way that it does not qualify as an arm of the state entitled to sovereign immunity … OSB “bear[s] the burden of proving the facts that establish its immunity under the Eleventh Amendment.” ITSI TV Prods., Inc. v. Agric. Ass’ns, 3 F.3d 1289, 1292 (9th Cir. 1993).

Keith L. Prescott v. United States

973 F.2d 696 · Court of Appeals for the Ninth Circuit · Aug 26, 1992

What it does mean is that a plaintiff may not invoke federal jurisdiction by pleading matters that clearly fall within the exceptions of § 2680. … exception and thus immune from suit.”

Chemehuevi Indian Tribe v. Gavin Newsom

919 F.3d 1148 · Court of Appeals for the Ninth Circuit · Mar 21, 2019

Rather, that regulatory right is qualified by the existence of a valid tribal- state compact. See id. Numerous other sections in IGRA support this view. … We found that paragraph (3)(C)(vii) was “not ambiguous,” that the RSTF “clearly” fell within its scope, and that there was no ambiguity to construe in the tribe’s favor. Id.

Anderson v. Boyd

714 F.2d 906 · Court of Appeals for the Ninth Circuit · Aug 30, 1983

Cogswell and Boyd argue that these allegations nevertheless fail to state a redressable claim because the pretrial order established that at all times relevant to the dispute they were acting within the course and scope of … While Cogswell and Boyd may claim absolute immunity for those actions relating to their responsibility to determine whether to revoke parole, their immunity for conduct arising from their duty to supervise parolees is qualified

Tobin v. Washington

327 F. App'x 747 · Court of Appeals for the Ninth Circuit · May 18, 2009

. § 1983 claim that would survive defendants’ assertion of qualified immunity. Nor did the district court err in striking certain exhibits the Tobins submitted. … Callahan, — U.S.-, 129 S.Ct. 808, 818-21 , 172 L.Ed.2d 565 (2009), we uphold the district court’s determination that any asserted due process violation was not a “clearly established” constitutional right, see id. at 816

Gilbert v. DaGrossa

756 F.2d 1455 · Court of Appeals for the Ninth Circuit · Apr 5, 1985

It is equally clear, however, that in order to bring a damage action against a federal official in his individual capacity, and thereby avoid the bar of sovereign immunity, the normal rules for establishing in personam jurisdiction … He is clearly mistaken. Section 1391(e) is a venue statute.

Pollard v. Geo Group, Inc.

607 F.3d 583 · Court of Appeals for the Ninth Circuit · Jun 7, 2010

Because there was therefore no “ ‘firmly rooted’ tradition of immunity applicable to privately employed prison guards,” those private guards were not entitled to qualified immunity. Id. at 404, 412 , 117 S.Ct. 2100 . … See Richardson, 521 U.S. at 401 , 117 S.Ct. 2100 (holding that employees of privately operated state prisons are not entitled to qualified immunity). This asymmetry is clearly an undesirable outcome. Cf. Butz v.

Commonwealth of the Northern Mariana Islands v. United States

279 F.3d 1070 · Court of Appeals for the Ninth Circuit · Feb 7, 2002

Under the plain meaning of “State,” as it appears in the Quiet Title Act, the CNMI clearly would not qualify. See Fleming v. Dept. of Pub. … The Covenant to Establish a Commonwealth of the Northern Mariana Islands was approved by Congress on March 24,1976. 48 U.S.C. § 1801 . 2 It established the process by which the Northern Mariana Islands placed themselves under

Zamsky v. Hansell

933 F.2d 677 · Court of Appeals for the Ninth Circuit · May 17, 1991

The cost of establishing the defense of qualified immunity is simply part of the price of having a viable remedy for constitutional violations; it is not a sufficient reason, in and of itself, for finding governmental actors … After all, officials who don't violate clearly recognized rights will be entitled to qualified immunity--and will not be liable--regardless of how this case is decided. 1 The relevant portions of section 197.251 are set forth

Bodi v. Shingle Springs Band of Miwok Indians

832 F.3d 1011 · Court of Appeals for the Ninth Circuit · Aug 8, 2016

The question here is thus whether, by removing this case from state to federal court, the Tribe clearly and unequivocally expressed its intent to waive its immunity from suit. … It would defy logic to suggest that, in doing so, the Tribe clearly manifested its intent to waive the very immunity defense that it asserts.

Lorna Kreines v. United States of America, and Jack McMenimen Wayne Yamashita

959 F.2d 834 · Court of Appeals for the Ninth Circuit · Mar 26, 1992

They contend that the court’s finding (with respect to the FTCA claim) that they acted at all times with due care, shields them from Bivens liability because of qualified immunity. … Government officials enjoy qualified immunity in the performance of discretionary functions as long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would

Miranda B. v. Kitzhaber

328 F.3d 1181 · Court of Appeals for the Ninth Circuit · May 14, 2003

states, from discriminating against qualified individuals with disabilities in their employment practices. … Clearly sovereign immunity is not directly implicated: suits brought under § 1983 against individual officers in their individual capacity for violations of the Constitution do not implicate sovereign immunity.

Brown v. Ticor Title Insurance

982 F.2d 386 · Court of Appeals for the Ninth Circuit · Dec 28, 1992

United States, 471 U.S. 48 , 105 S.Ct. 1721 , 85 L.Ed.2d 36 (1985), Ticor could establish at least the first part of the two-part test for a state action immunity defense. See In re Real Estate, 1986-1 Trade Cas. … STATE ACTION IMMUNITY DEFENSE The United States Supreme Court in Mid-cal established two requirements for antitrust immunity under Parker v.

American Greyhound Racing, Inc. v. Hull

305 F.3d 1015 · Court of Appeals for the Ninth Circuit · Sep 19, 2002

Indeed, some courts have held that sovereign immunity forecloses in favor of tribes the entire balancing process under Rule 19(b), but we have continued to follow the four-factor process even with immune tribes. … In any event, the Supreme Courts of Arizona and New Mexico have clearly pointed out the limits of the Clark ruling.

Opal Harger v. Department of Labor

560 F.3d 1071 · Court of Appeals for the Ninth Circuit · Mar 27, 2009

The Court further stated that its hold- ing was in accord with its prior decisions “establishing that sovereign immunity bars creditors from attaching or garnish- ing funds in the Treasury, or enforcing liens against property … Foulds has not demonstrated that the United States waived its sovereign immunity.12 As a result, we lack jurisdiction over this case. 11 Foulds argues: “Once the worker qualifies [for a Part B payment under EEOICPA

Dixon v. City of Long Beach

244 F. App'x 128 · Court of Appeals for the Ninth Circuit · Jul 3, 2007

Though the district court deferred ruling on qualified immunity, see Saucier v. … We do not reach the question of qualified immunity here because we affirm the verdict on the merits.

Keeton v. University of Nevada System

150 F.3d 1055 · Court of Appeals for the Ninth Circuit · Jul 10, 1998

The legislative history and development of the ADEA clearly establish that Congress relied upon the enforcement clause of the Fourteenth Amendment in enacting the 1974 ADEA amendments. … Thus, the Defendants have not sustained their burden of establishing their entitlement to Eleventh Amendment immunity, see Hyland, 117 F.3d at 413 .

Miller v. Davis

521 F.3d 1142 · Court of Appeals for the Ninth Circuit · Apr 2, 2008

It has long been established that judges are absolutely immune from liability for acts “done by them in the exercise of their judicial functions.” Bradley v. Fisher, 80 U.S. (13 Wall.) 335, 347 , 20 L.Ed. 646 (1871). … Thus, the state of California clearly considers the culpability of individuals who conspire to commit murder on a par with that of individuals who actually carry out the deed themselves.