Case law

United States v. Jose Luis Navidad-Marcos

367 F.3d 903 · Court of Appeals for the Ninth Circuit · May 5, 2004

To determine whether a prior conviction qualifies as a predicate offense for the 16-level enhancement under § 2L1.2(b)(l)(A)(i), federal courts apply the familiar categorical approach established by the Supreme Court in Taylor … As we have noted repeatedly, the government has the burden to establish clearly and unequivocally the conviction was based on all of the elements of a qualifying predicate offense. See, e.g., United States v.

United States v. Title Insurance Rating Bureau of Arizona, Inc.

700 F.2d 1247 · Court of Appeals for the Ninth Circuit · Mar 7, 1983

State Action Immunity Arizona law allows title insurers to file escrow rates through an insurance rating bureau. TIRBA argues that it is thus entitled to the state action immunity. … These decisions establish two standards for antitrust immunity under Parker v. Brown [ 317 U.S. 341 , 63 S.Ct. 307 , 87 L.Ed. 315 ].

M.H. v. Magni Hamso

Court of Appeals for the Ninth Circuit · Sep 6, 2024

] support a claim of violation of clearly established law.” … Denials of qualified immunity at the motion to dismiss stage should be affirmed if “accepting all of Plaintiff’s allegations as true, Defendants’ conduct (1) violated a constitutional right that (2) was clearly established

Stauber v. Cline

837 F.2d 395 · Court of Appeals for the Ninth Circuit · Jan 20, 1988

It held that Feres immunity extended to a FTCA action brought by the widow of a Coast Guard pilot killed during the course of activities clearly incident to service; Mrs. … On appeal, Stauber has failed to show that this finding was clearly erroneous.

City of Anchorage v. Chugach Electric Ass'n

252 F.2d 412 · Court of Appeals for the Ninth Circuit · Feb 6, 1958

business nor to have constructed any new buildings, so as to qualify under the industrial incentive provisions of Chapter 33, S.L.A.1953. … Therefore the doctrine that property located upon federally owned land is immune from local taxation 26 is inapposite.

United States of America v Strickland - Opinion

601 F.3d 963 · Court of Appeals for the Ninth Circuit · Apr 19, 2010

Crawford, 520 F.3d 1072, 1078 (9th Cir.2008) (noting that a prior offense may qualify as a career offender predicate offense if “documentation or judicially noticeable facts clearly establish that the conviction is a predicate … Kelly, 422 F.3d 889, 895 (9th Cir.2005) (noting that “the government has the burden to establish clearly and unequivocally the conviction was based on all of the elements of a qualifying predicate offense”) (internal quotation

Midwest Growers Cooperative Corporation v. John H. Kirkemo, Midwest Growers Cooperative Corporation v. John H. Kirkemo, Midwest Growers Cooperative Corporation, Cross-Appellant v. John H. Kirkemo, Cross-Appellees

533 F.2d 455 · Court of Appeals for the Ninth Circuit · May 19, 1976

Co., 480 F.2d 1047 (2 Cir. 1973) 18 In explaining the doctrine of official immunity the Court noted that, "Implicit in the idea that officials have some immunity absolute or qualified for their acts, is a recognition that … 19 Mark in analyzing the question of immunity, utilized the Second Circuit opinion in Bivens which was an application on remand of the principles established in Bivens v.

Tackett v. City of Hailey

Court of Appeals for the Ninth Circuit · Jun 4, 2025

An officer is entitled to qualified immunity unless the plaintiff shows that (1) the officer violated the plaintiff’s constitutional right and (2) the “right was clearly established at the time of the incident.” … Even if England had violated the Fourteenth Amendment, he would still be entitled to qualified immunity because the relevant legal principles were not clearly established at the time.

Gonzalez v. Metropolitan Transportation Authority

174 F.3d 1016 · Court of Appeals for the Ninth Circuit · Apr 14, 1999

Qualified immunity. 17 Appellees argue that all the individual defendants should be dismissed because they are entitled to qualified immunity, and would have had no reason to think that administering the urine tests was unconstitutional … Accordingly, we need not decide whether, for example, the damages claims would fail because of qualified immunity.

Carver v. Lehman

Court of Appeals for the Ninth Circuit · Mar 3, 2009

immunity. … Qualified immunity protects “government officials . . . from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would

Buckner v. Dupont De Nemours & Co.

Court of Appeals for the Ninth Circuit · Apr 3, 2008

contractor defense, we cannot grant immunity from liability. … Because Congress did not enact the PAA against a back- drop of well-established common law principles that included the government contractor defense, we cannot grant immunity from liability.

United States v. Edwin Nathaniel Gebhard

426 F.2d 965 · Court of Appeals for the Ninth Circuit · May 1, 1970

Thus, since the original grand jury investigation at which Gebhard testified clearly was based on Title 47 violations, his § 409 immunity prevents any type of prosecution based on any transaction, matter or thing to which … It is well established that separate successive contempts are punishable as separate offenses. Bullock v.

Humphries v. La County

Court of Appeals for the Ninth Circuit · Nov 5, 2008

Officials who violate constitutional rights under color of law are entitled to qualified immunity unless  HUMPHRIES v. … We also have no difficulty finding that Detective Wilson is entitled to qualified immunity.

United States v. Oregon

44 F.3d 758 · Court of Appeals for the Ninth Circuit · Dec 28, 1994

After 1909, water rights could only be acquired through a permit system established by the statute. Or. Rev.Stat. § 537.120. … for waiver of immunity).

Snake River Valley Electric Association v. Pacificorp, (Including Utah Power & Light, a Division), State of Idaho, Defendant-Intervenor-Appellee

357 F.3d 1042 · Court of Appeals for the Ninth Circuit · Feb 9, 2004

The Supreme Court has established this test. See FTC v. Ticor Title Ins. … A state may not merely establish a private preserve without competition and then leave the area unregulated in fact.

United States v. Town of Colorado City

935 F.3d 804 · Court of Appeals for the Ninth Circuit · Aug 26, 2019

Taken together, this evidence is sufficient to establish that the Towns conspired with FLDS members to advance the Church’s illicit objectives. The district court did not clearly err in making that finding. … Despite the Towns’ argument, Ranger John Nick Hanna was qualified to testify about Jeffs’ dictations.

Dufresne v. Veneman

114 F.3d 952 · Court of Appeals for the Ninth Circuit · Jun 9, 1997

Her claim for money damages from the federal defendants is barred by the doctrine of sovereign immunity. See Lane v. … . ----, ----, 116 S.Ct. 2092, 2097 , 135 L.Ed.2d 486 (1996) ("The clarity of expression necessary to establish a waiver of the Government's sovereign immunity against monetary damages ... is lacking in the text of the relevant

Devon Shelley v. Pete Geren

666 F.3d 599 · Court of Appeals for the Ninth Circuit · Jan 12, 2012

Neither candidate clearly demonstrated that he met this criterion. … Stacking the interview pool with older candidates does not immunize the decision to hire a younger one.

96 Cal. Daily Op. Serv. 5655, 96 Daily Journal D.A.R. 9212 Robert Roe v. Helen M. Sherry, Special Agent Ray Larabee Christopher Yohn U.S. Naval Investigative Services United States of America

91 F.3d 1270 · Court of Appeals for the Ninth Circuit · Jul 31, 1996

He also contends the officers are not entitled to qualified immunity. DISCUSSION A. … A fundamental inquiry in a qualified immunity analysis is "whether the plaintiff has asserted a violation of a constitutional right at all." Siegert v.

96 Cal. Daily Op. Serv. 6256, 96 Daily Journal D.A.R. 10,256 in Re Estate of Ferdinand Marcos Human Rights Litigation. Maximo Hilao, Class v. Estate of Ferdinand Marcos, Republic of the Philippines, a Non-Party Specifically Identified as Subject to the Preliminary Injunction, in Re Estate of Ferdinand Marcos Human Rights Litigation. Maximo Hilao, Class v. Estate of Ferdinand Marcos, Republic of the Philippines, a Non-Party Specifically Identified as Subject to the Preliminary Injunction

94 F.3d 539 · Court of Appeals for the Ninth Circuit · Aug 22, 1996

Thus, the court clearly expressed its view that the injunction binds the Republic. Hilao seems to want to have it both ways. … an exception to immunity under the Act.