Case law

James Steinle v. City and County of S.F.

919 F.3d 1154 · Court of Appeals for the Ninth Circuit · Mar 25, 2019

Plaintiffs’ arguments ignore well-established rules of statutory interpretation. … The statutory text at issue clearly does not include release-date information.

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

Nos. 93-16110, 93-16649

57 F.3d 1079 · Court of Appeals for the Ninth Circuit · Jun 14, 1995

Although Walker appears to have been at least as well qualified as one candidate promoted in the September band, that candidate had been passed over in an earlier band, and Hart testified that, when faced with similarly qualified … The district court's determination that Walker was passed over for legitimate, nondiscriminatory reasons is not clearly erroneous.

William McKinney v. Pat Anderson, Carol Ployer, H.L. Whitley, George W. Sumner, John Nye

959 F.2d 853 · Court of Appeals for the Ninth Circuit · Mar 27, 1992

Although we held that McKinney had stated a cause of action for injunc-tive relief, we found that he was not entitled to damages on that cause of action because the defendants were entitled to qualified immunity as a matter … The Court’s establishment in Seiter of a subjective component for an Eighth Amendment claim does not vitiate our determination of what satisfies the objective component.

Kevin Marilley v. Charlton Bonham

802 F.3d 958 · Court of Appeals for the Ninth Circuit · Sep 18, 2015

The Clause thus “establishes a norm of comity” between residents and non-residents of a State, Austin v. New Hampshire, 420 U.S. 656, 660 (1975), to create “a national economic union,” Council of Ins. … Pruitt, 4 F.3d 264, 267 (4th Cir. 1993) (Toomer permits state to discriminate against non-residents where state “establishes an ‘advancement of a substantial  MARILLEY V.

Metabolic Research, Inc. v. Scott Ferrell

693 F.3d 795 · Court of Appeals for the Ninth Circuit · Jun 18, 2012

Therefore, we consider only whether the denial of a special motion to dismiss brought under Nevada’s anti- SLAPP statute qualifies as an immediately appealable order under Cohen. … We must presume the legislature selected its words with pur- pose, and immunity from “civil liability” is unquestionably different than immunity from “suit” or “trial.”

Frost v. Symington

197 F.3d 348 · Court of Appeals for the Ninth Circuit · Nov 23, 1999

The district court decided that Frost’s First Amendment rights had not been violated, and that the Defendants were entitled to qualified immunity. … On this record, there is no evidence that the ADOC officials violated Frost’s clearly established rights by returning the CDs.

Alaska ex rel. Yukon Flats School District v. Native Village of Venetie Tribal Government

101 F.3d 1286 · Court of Appeals for the Ninth Circuit · Nov 20, 1996

as a reservation for tribal immunity purposes.”). . … However, Venetie asserts neither sovereign immunity nor the tribal abstention doctrine on this appeal.

Stanmore Cooper v. Faa

Court of Appeals for the Ninth Circuit · Feb 22, 2010

Cooper qualified for the benefits, which he received from August 1995 to August 1996. B. … Even the Eleventh Circuit acknowledged in Fitzpatrick that humiliation or an emotional injury can qualify as an adverse effect. 665 F.2d at 331 & n.7.

Premo v. Martin

119 F.3d 764 · Court of Appeals for the Ninth Circuit · Jul 11, 1997

A state will be deemed to have waived its sovereign immunity when (1) the state expressly consents to suit; (2) a state statute or constitution so provides; or (3) Congress clearly intended to condition the state’s participation … immunity.

United States v. $277,000 U.S. Currency, and One 1986 Dodge Ram Charger, Jalisco, Mexico, Lic. Hwy 773, and Ramon S. Montes, Claimant-Appellee

69 F.3d 1491 · Court of Appeals for the Ninth Circuit · Nov 15, 1995

When sovereign immunity is at issue, the government is immune from a suit, whether couched as an original claim or as a counter claim, unless it has waived its immunity. United States v. … Lockheed L-188 Aircraft, 656 F.2d 390 (9th Cir.1979), also clearly stands for the proposition that a claimant “must demonstrate that the government has waived its immunity to the kind of claim it asserts.

Schneider v. County of San Diego

28 F.3d 89 · Court of Appeals for the Ninth Circuit · Jun 28, 1994

One such clearly recognized exception to the warrant requirement pertains to the “open fields” doctrine. Seventy years ago in Hester v. … We also do not address the arguments raised by the County and Reybro relating to absolute and qualified immunity. The district court granted summary judgment without reaching the immunity issues.

Rounds v. Oregon State Board of Higher Education

166 F.3d 1032 · Court of Appeals for the Ninth Circuit · Feb 23, 1999

immunity.” … Some defendants also may have legislative immunity under Bogan v. Scott-Harris, 523 U.S. 44 , 118 S.Ct. 966 , 140 L.Ed.2d 79 (1998), or qualified immunity under Cohen v.

Williams v. Garcia

97 F. App'x 173 · Court of Appeals for the Ninth Circuit · May 14, 2004

Katz, 533 U.S. 194 , 201, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001) (noting if no constitutional right was violated, “there is no necessity for further inquiries concerning qualified immunity”). … The record establishes that Williams’ transfer to an upper-tier cell took place during a period of heightened prison security and a temporary prison lockdown.

United States v. State Of Oregon

657 F.2d 1009 · Court of Appeals for the Ninth Circuit · Jan 18, 1982

It set escapement goals 4 for each species, including the spring chinook, and provided for the establishment of future management techniques. … We believe this view is contrary to both precedent and policy. 11 Some courts have expressed doubts on the ability of Indian tribes to waive immunity, 10 but the Supreme Court has expressed clearly its position.

Michael Gorean Stewart v. United States of America, Charles Joseph Kastigar v. United States

440 F.2d 954 · Court of Appeals for the Ninth Circuit · May 17, 1971

showing that their evidence is not tainted by establishing that they had an independent, legitimate source for the dis *957 puted evidence.” 378 U.S. at 79 n. 18, 84 S.Ct. at 1609. … The statute now under question appears clearly within the protective limitations of the Fifth Amendment as construed by Murphy .

Clouthier v. County of Contra Costa

Court of Appeals for the Ninth Circuit · Jan 14, 2010

In considering a claim of qualified immunity, the court must determine “whether the facts that a plaintiff has alleged . . . make out a violation of a constitutional right,” and “whether the right at issue was ‘clearly established … Further, the Clouthiers argue that Robert Clouthier’s rights in this context were clearly established, so the individual defen- dants were not entitled to summary judgment on the ground of qualified immunity.

Medical Development International v. California Department of Corrections & Rehabilitation

585 F.3d 1211 · Court of Appeals for the Ninth Circuit · Oct 30, 2009

The Receiver’s immunity argument is that he is entitled to the same immunity as the Northern District court itself. … CDCR has similarly argued for full immunity.

Western Watersheds Project v. Interior Board of Land Appeals

624 F.3d 983 · Court of Appeals for the Ninth Circuit · Oct 12, 2010

The Taylor Grazing Act of 1934 The Taylor Grazing Act of 1934 authorizes the Secretary of the Interior to issue federal grazing leases to qualified appli- cants. 43 U.S.C. § 315m. … In affirming the lower court’s interpretation of the license exception, we ensure that we do not enlarge Congress’ waiver of sovereign immunity beyond what it clearly intended.

Cooper v. County of Los Angeles

26 F. App'x 698 · Court of Appeals for the Ninth Circuit · Jan 10, 2002

However, a local government, as opposed to an individual government officer, can assert neither absolute nor qualified immunity as a defense to a § 1983 suit. Branch v. … Tunnell, 14 F.3d 449, 456 (9th Cir.1994) (“Municipalities — unlike individuals sued under § 1983 — do not have immunity (either absolute or qualified) from suit.”).