Case law

United States v. John Woodley, United States of America v. John Woodley

9 F.3d 774 · Court of Appeals for the Ninth Circuit · Nov 18, 1993

In the Lynch note, the government’s expert observed that the trust might qualify for Medicare and Medicaid reimbursement under a regulatory exception to the related organization' principle. … His reliance on governmental inaction is insufficient to establish this defense. See Lavin v.

Bradshaw v. Stoller

72 F. App'x 513 · Court of Appeals for the Ninth Circuit · Feb 6, 2003

A police officer is immune from § 1983 liability unless (i) “the officer’s conduct violated a constitutional right;” and (ii) “the right was clearly established,” i.e., “it would be clear to a reasonable officer that his … Bryant, 502 U.S. 224, 228 , 112 S.Ct. 534 , 116 L.Ed.2d 589 (1991) (“The qualified immunity standard gives ample room for mistaken judgments by protecting all but the plainly incompetent or those who knowingly violate the

United States v. Nancy Brown and Michael Kaliterna

951 F.2d 999 · Court of Appeals for the Ninth Circuit · Feb 20, 1992

In order to demonstrate qualified immunity in civil actions, the Court has required that the actions of government officials possess “objective legal reasonableness.” Harlow, 457 U.S. at 819 , 102 S.Ct. at 2738 . … law, but whether that law was clearly established at the time an action occurred.

United States v. David Mendia

731 F.2d 1412 · Court of Appeals for the Ninth Circuit · Apr 27, 1984

Witness Immunity The appellant contends, however, that testimony from Bronk could establish the existence of an arrangement to return the heroin to the appellant. … the government to grant such immunity.

Kim Martinez v. Zoominfo Technologies, Inc.

82 F.4th 785 · Court of Appeals for the Ninth Circuit · Sep 21, 2023

Shuttle, 187 F.3d 263, 267–69 (2d Cir. 1999) (same conclusion regarding subject matter jurisdiction and order on qualified immunity). … Courts typically find this factor satisfied when a decision denies a defendant immunity from suit, such as denials of absolute or qualified immunity. See 24 MARTINEZ V. ZOOMINFO TECH. INC. Mitchell v.

Tongol v. Donovan

762 F.2d 727 · Court of Appeals for the Ninth Circuit · Apr 1, 1985

The circuit court subsequently affirmed, reasoning that the plaintiff did not qualify under the FOIA and that the Act was inapplicable because her case was not pending when the Act took effect. Id. at 1252-59 . … Reasoning that “[a]s a waiver of sovereign immunity, the Act’s terms must affirmatively establish liability, not merely fail to preclude it,” id., the court determined that the narrower definition must be adopted if it is

Claudio K. Norita Manuel Mangarero Lawrence M. Camacho v. Commonwealth of the Northern Mariana Islands

331 F.3d 690 · Court of Appeals for the Ninth Circuit · Jun 5, 2003

established circuit precedent as the district court did. … Urging a broad reading of Alden and Federal Maritime Commission, CNMI asserts that it is entitled to sovereign immunity because the overarching purpose and design of the Covenant was to establish CNMI as a self-governing

Zango, Inc. v. Kaspersky Lab, Inc.

568 F.3d 1169 · Court of Appeals for the Ninth Circuit · Jun 25, 2009

By its terms, to qualify for immunity, the interactive computer service must provide the technical means to restrict access to objectionable material. … As its software qualifies, Kaspersky is entitled to good Samaritan immunity. AFFIRMED. . All further references are to 47 U.S.C. unless otherwise noted. .

Community Builders, Inc., an Arizona Corporation v. The City of Phoenix, a Municipal Corporation, and the City of Scottsdale, a Municipal Corporation

652 F.2d 823 · Court of Appeals for the Ninth Circuit · Aug 3, 1981

Because we find that the record clearly established the requisite nexus with interstate commerce, we find it unnecessary to resolve the parties’ quibbling over the proper interpretation of the judgment. … This proviso obviously is not intended to qualify or restrict the anti-competition policy enunciated in the first part of this section; on the contrary, it reinforces it.

Hidalgo v. Ricardo Perez

128 F. App'x 577 · Court of Appeals for the Ninth Circuit · Mar 31, 2005

immunity. … Finally, Hidalgo asserts that the district court erred in granting summary judgment to Defendant Badgley on the basis of qualified immunity.

Kuzinich v. County Of Santa Clara

689 F.2d 1345 · Court of Appeals for the Ninth Circuit · Jan 24, 1983

IMMUNITY 30 We hold that members of local legislative bodies have complete immunity from suits based on their legislative acts and also that the enactment of a general zoning ordinance is a legislative act. … As to such acts the supervisors enjoy a qualified rather than an absolute immunity. See Morrison v. Jones, 607 F.2d 1269 (9th Cir. 1979).

California v. NRG Energy Inc.

391 F.3d 1011 · Court of Appeals for the Ninth Circuit · Dec 8, 2004

BC Hydro undoubtedly cooperated with PowerEx to establish PowerEx’s credit risk policies and to provide Powe-rEx with administrative and other support for its operations. … PowerEx also argues that it qualifies under the FSIA because it is owned by the Province of British Columbia. Powe-rEx concedes, however, that its shares are owned by BC Hydro.

Sophie Bershad v. Wilson B. Wood and Samuel L. Berger

290 F.2d 714 · Court of Appeals for the Ninth Circuit · May 2, 1961

appointed and qualified collection officer of the Internal Revenue Service, District of Arizona, Treasury Department, United States of America. … established.

Carol Sachs v. Republic of Austria

695 F.3d 1021 · Court of Appeals for the Ninth Circuit · Sep 26, 2012

Immunities Act. … question of which, if any, of the FSIA’s exceptions to immunity apply, we must determine which of the acts alleged in the complaint may legitimately be attributed to the Holy See for purposes of establishing jurisdiction

Virginia Mason Hospital v. Washington State Nurses Ass'n

511 F.3d 908 · Court of Appeals for the Ninth Circuit · Dec 21, 2007

There is also a clearly established public policy requiring employers to bargain with their union-represented employees over conditions of employment, and this comes into high relief where, as here, employment can be terminated … See Wellman, 146 F.3d at 674 (stating that where the district court’s finding of good faith is not clearly erroneous, a denial of attorneys’ fees is reviewed for abuse of discretion). AFFIRMED. 1 .

Robert E. Rutherford v. United States

365 F.2d 353 · Court of Appeals for the Ninth Circuit · Aug 11, 1966

. § 15a), does not qualify as a “proceeding, suit, or prosecution” within the meaning of the immunity statute, and that his refusal to testify in this case was therefore justified. … Specifically.it is argued that the proof required to establish violations of the False Claims Act is materially and substantially different from the proof necessary to establish antitrust violations, and that the scope and

Gerritsen v. De La Madrid Hurtado

819 F.2d 1511 · Court of Appeals for the Ninth Circuit · Jun 18, 1987

Because decisions at the planning level establish governmental policy, they are not actionable. … . § 1983 — a civil rights statute requiring state action — even the District of Columbia does not qualify as a state. District of Columbia v.

Rosales v. City of Phoenix

25 F. App'x 582 · Court of Appeals for the Ninth Circuit · Dec 26, 2001

We evaluate a defense of qualified immunity in excessive force claims under the two-step framework established in Saucier v. Katz, 533 U.S. 194 , 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001). … See Katz, 121 S.Ct. at 2158 (“If the officer’s mistake as to what the law requires is reasonable ... the officer is entitled to the immunity defense.”).

James Hirst v. Jean Gertzen

676 F.2d 1252 · Court of Appeals for the Ninth Circuit · May 10, 1982

As discussed above, the underrepresentation of Native Americans on the jury venire, along with the fact that the prospective juror’s race was clearly designated on the returned questionnaires, was insufficient to establish … immunities secured by the Constitution.

Robert Waggy v. Spokane County Washington

Court of Appeals for the Ninth Circuit · Feb 5, 2010

However, prosecutors are entitled to only qualified immunity “when they perform investigatory or administrative functions, or are essentially functioning as police officers or detectives.” al-Kidd v. … possessed with final authority to establish that policy.”