Case law

Paul Jensen v. Harry Stangel

790 F.2d 721 · Court of Appeals for the Ninth Circuit · Jun 11, 1986

The critical issue in the underlying suit was whether the officer was entitled to qualified immunity. … Although Jensen lost on this issue, our reversal on the fee issue established that Jensen’s claim was meritorious and reasonable despite the eventual finding of immunity.

State of Alaska v. Eeoc

508 F.3d 476 · Court of Appeals for the Ninth Circuit · Nov 7, 2007

The exclusion is at least an indication that the hearings did not establish an existing evil in the selection and retention of a governor’s close asso- ciates. … Here, Congress clearly identified a pattern of unconstitutional employment discrimination on the basis of gender by the states.

Hurst v. Nagle

30 F.2d 346 · Court of Appeals for the Ninth Circuit · Jan 14, 1929

Ffrom the time when he first entered, and up to the time of his visit abroad, he could claim none of tho rights, and immunities granted to alien seamen. … When he went abroad, he had no status qualifying him to obtain a permit for a temporary visit, nor could ho have registered as a domiciled resident of the United States intending to return to the United States; for he was

Kennerly v. United States

721 F.2d 1252 · Court of Appeals for the Ninth Circuit · Dec 15, 1983

As plaintiff acknowledges, under his theory the individual tribal officials would be entitled to claim the same qualified immunity accorded state and federal officials in section 1983 and Bivens actions; they are immune insofar … as their conduct did not violate clearly established statutory or constitutional rights of which a reasonable person would have known.

Wileman Bros. & Elliott, Inc. v. Leroy Giannini

909 F.2d 332 · Court of Appeals for the Ninth Circuit · Jul 10, 1990

to "such qualified authorization and such requirements as they contain." … In guidelines jointly prepared by the Department of Agriculture and the Department of Justice for the benefit of members and employees of all marketing order committees, those agencies clearly limited this immunity: 1 The

United States v. Washington

872 F.2d 874 · Court of Appeals for the Ninth Circuit · Apr 12, 1989

The Supreme Court explained its ruling in the following language: Given agreement that § 118 makes it the duty of federal facilities to comply with state-established air quality and emission standards, the question is as … The word “requirements” does not clearly and unambiguously express Congress’ intent, to waive sovereign immunity regarding an attempt to enforce its hazardous waste statutes by the imposition of a penalty, civil or criminal

Northern v. Stewart

32 F. App'x 800 · Court of Appeals for the Ninth Circuit · Jan 31, 2002

Because the Antiterrorism and Effective Death Penalty Act (AEDPA) governs this case, the petition will be granted only if the state court’s decision was “contrary to, or involved an unreasonable application of, clearly established … Northern argues that the use immunity granted to his codefendant, Theresa Brown, pursuant to Ariz.

Ogden ex rel. Estate of Ogden v. County of Maui

342 F. App'x 241 · Court of Appeals for the Ninth Circuit · Jun 11, 2009

immunity. … In any event, Officer Pacheco is entitled to qualified immunity. It certainly would not have been clear to a reasonable officer that Officer Pacheco’s “conduct was unlawful in the situation he confronted.” Wilkins v.

Oklevueha Native American Church of Hawaii, Inc. v. Holder

676 F.3d 829 · Court of Appeals for the Ninth Circuit · Apr 9, 2012

At this stage, what matters is that Plaintiffs’ allegations are sufficient to establish Oklevueha’s associational standing. … The provision could be read as authorizing only injunctive relief, and therefore “does not so clearly and unambiguously waive sovereign immunity to private suits for damages that we can ‘be certain that the State in fact

Spokane Tribe of Indians v. Washington State

28 F.3d 991 · Court of Appeals for the Ninth Circuit · Jul 6, 1994

Indian affairs, clearly intended to authorize such suits. … district, established by ... the United States”); Pennsylvania v.

Sira Cruz v. Nat'l Steel & Shipbuilding Co.

910 F.3d 1263 · Court of Appeals for the Ninth Circuit · Dec 19, 2018

Enacted in 1927, the LHWCA establishes a mandatory framework for compensation of maritime employees injured on the navigable waters of the United States. … Here, the record establishes that Nassco was Cruz’s borrowing employer because her work was subject to its direction and control at all relevant times.

Imperiale v. City of San Diego

137 F. App'x 13 · Court of Appeals for the Ninth Circuit · Jun 22, 2005

. § 1983 cause of action alleging unlawful search and seizure; (2) not allowing Imperiale’s counsel to ex *14 amine an adverse party with leading questions; and (B) issuing a qualified immunity jury instruction. … Finally, any error with regard to the district court’s qualified immunity jury instruction was harmless because the jury found in favor of the defendant officers without ever reaching the question of qualified immunity.

In Re: Jay Alan Rothstein. Joergen Helmer Hagman v. Glen E. Robinson, United States Marshal for the Northern District of California

884 F.2d 490 · Court of Appeals for the Ninth Circuit · Sep 5, 1989

Rothstein responded and contends that he is qualified to be admitted before the Ninth Circuit. … These cases do not hold that the Trust Territory is an insular possession, only that the Trust Territory govern *492 ment is not protected by the Foreign Sovereign Immunity Act.

Jehan Zeb Mir v. Richard G. Fosburg, Perry Ah-Tye, and Horrace Warden

646 F.2d 342 · Court of Appeals for the Ninth Circuit · Jul 24, 1980

to absolute immunity from damage claims grounded either in state statutes or state common law. … The district court’s denial on January 10, 1975, of the defendant’s motion for summary judgment was a holding that if the qualified immunity doctrine announced in Scheuer was applicable to the case, plaintiff was entitled

Hardyman v. Collins

183 F.2d 308 · Court of Appeals for the Ninth Circuit · Oct 9, 1950

This passage has been repeatedly cited by the Supreme Court as establishing the right of assembly for national purposes as a federally protected right. See, Presser v. … However, that portion of § 47(3) which makes actionable a deprivation of a right or privilege of a citizen of the United States relates solely to a federal right and is clearly severable.

Ugochukwu Nwauzor v. the Geo Group, Inc.

62 F.4th 509 · Court of Appeals for the Ninth Circuit · Mar 7, 2023

Washington courts assess whether workers qualify as employees under the MWA using the “economic- dependence test.” Anfinson, 281 P.3d at 297–99. … intergovernmental immunity arguments.

Ronald E. Ting v. United States of America the Federal Bureau of Investigation Drug Enforcement Administration Internal Revenue Service Joe Sheehan

927 F.2d 1504 · Court of Appeals for the Ninth Circuit · Mar 14, 1991

Pierce County, 797 F.2d 812, 816 (9th Cir.1986) (“The question of the reasonableness of the force used in an arrest is usually for the jury.”). 5 *1511 The issue of whether Burns is entitled to qualified immunity also cannot … A federal officer is immune from civil damages liability unless the unlawfulness of his conduct was apparent in light of “clearly established” law. Anderson v.

In Re the Glacier Bay. United Cook Inlet Drift Assoc., an Alaska Cooperative Corp., on Behalf of a Class Comprising Its Members and Its Members' Deckhands v. Trinidad Corporation West of England Ship Owners Mark Hawker Kee Leasing Co. Mathiasen's Tanker Industries, Inc. Glacier Bay Transportation Corporation v. United States

71 F.3d 1447 · Court of Appeals for the Ninth Circuit · Nov 30, 1995

Sec. 2680 (a), to the government's waiver of sovereign immunity. The district court concluded that the exception applied, and that it therefore lacked subject matter jurisdiction because immunity barred Trinidad's suit. … The hydrographer must use good judgment in running splits and should base his decision on the character of the bottom as well as the distance between lines. 26 Clearly, this language invests the on-site hydrographer with

Kanekoa v. City & County of Honolulu

879 F.2d 607 · Court of Appeals for the Ninth Circuit · Jun 29, 1989

In a consolidated pretrial hearing, the district judge held that Honolulu was not entitled to qualified immunity as a defense to the actions. … In arguing for reversal of these findings, the Kanekoas and Melemai stress Judge Takasugi’s pretrial order holding that Honolulu was not entitled to qualified immunity as a defense.

Rosenfeld v. United States

859 F.2d 717 · Court of Appeals for the Ninth Circuit · Oct 12, 1988

Appeal DISMISSED and WRIT DENIED. . 28 U.S.C. § 1651 , which provides: (a) The Supreme Court and all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions … Congress has established in the FOIA a national policy of disclosure of government information, and the committee finds it appropriate and desirable, in order to effectuate that policy, to provide for the assessment of attorneys