Case law

United States v. County of Los Angeles

588 F.2d 1308 · Court of Appeals for the Ninth Circuit · Jan 8, 1979

The United States Government’s contention that it is immune from the assessment of the ad valorem tax is correct. … The second proposition is equally untenable in that the facts did not establish any beneficial interest to Summa Corporation by the government operation of said vessel.

John Gary Arredondo v. George Ortiz

365 F.3d 778 · Court of Appeals for the Ninth Circuit · Apr 20, 2004

As the California Court of Appeal's decision upholding the trial court's ruling did not run afoul of clearly established law as determined by the United States Supreme Court, we affirm. 2 * Arredondo and Robert Reed lived … However, this is not a distinction that the Supreme Court has made, so the California Court of Appeal's decision is not contrary to clearly established law. See Williams v.

Marcelo Rodriguez v. Georgios Kyriacos Panayiotou

314 F.3d 979 · Court of Appeals for the Ninth Circuit · Dec 3, 2002

One of the reasons that police officers receive qualified immunity is so that society may avoid “the diversion of official energy from pressing public issues.” Harlow, 457 U.S. at 814 , 102 S.Ct. 2727 . … Police officers have been protected from suit by a zone of qualified immunity for acts that reasonable officers would not have known to be illegal.

Philip Galanti v. Ndoc

65 F.4th 1152 · Court of Appeals for the Ninth Circuit · Apr 25, 2023

immunity shields the officer-defendants from liability, and NDOC is not a proper party. … He asserts that Defendants did 3 Relatedly, Defendants argue that the officer-defendants are entitled to qualified immunity because “Nevada law does not provide inmates with a clearly established liberty interest in parole

Montana v. Gilham

127 F.3d 897 · Court of Appeals for the Ninth Circuit · Oct 22, 1997

The tribes’ status as distinct, independent political communities qualified to exercise powers of self-government arises from their original tribal sovereignty over their members rather than from any constitutional source … Iron Bear established criteria by which a Montana state district court should assess whether a suit was more appropriately heard in tribal court. Id. at 1299.

Bahnson v. Office of Pima County Sheriff

56 F.3d 70 · Court of Appeals for the Ninth Circuit · May 24, 1995

Zenith Radio Corp., 475 U.S. 574, 587 (1986). 5 Adding a wrinkle to the summary judgment standard in this case is the fact that these defendants enjoy qualified immunity. Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982). … Officers are liable for damages only if their conduct violated clearly established constitutional rights of which a reasonable person would have known. Id.

Independent Living v. Shewry

Court of Appeals for the Ninth Circuit · Jul 9, 2009

We will not penalize the Director for employing an established semantic con- vention. 9016 INDEPENDENT LIVING v. MAXWELL-JOLLY court, the Director waived whatever immunity he had in state court. … immunity).

Miller v. Oregon Liquor Control Commission

688 F.2d 1222 · Court of Appeals for the Ninth Circuit · Sep 27, 1982

In its decision, the Court clarified the two standards for antitrust immunity under Parker : "First, the challenged restraint must be 'one clearly articulated and affirmatively expressed as state policy'; second, the policy … We hold that Oregon's involvement in the beer and wine pricing system is not sufficient to establish antitrust immunity under Parker.

Dupnik v. United States

848 F.2d 1476 · Court of Appeals for the Ninth Circuit · Jun 3, 1988

Co., 364 U.S. 301 , 81 S.Ct. 1 , 5 L.Ed.2d 1 (1960), the Supreme Court categorized the one-year right to redeem established in section 2410 as a condition that Congress imposed on its waiver of sovereign immunity. … The Matcha opinion clearly explains the Arizona notice requirements.

Coyle v. P.T. Garuda Indonesia

363 F.3d 979 · Court of Appeals for the Ninth Circuit · Apr 12, 2004

The Badens paid for the tickets in Indonesian Rupiah, and the tickets were clearly labeled “DOMESTIK.” … Here, plaintiffs' tickets clearly indicate that Delhi was the starting point of plaintiffs' travel.

Kescoli v. Babbitt

101 F.3d 1304 · Court of Appeals for the Ninth Circuit · Nov 22, 1996

Relying on the well-established rule that a case is moot if the court cannot "undo what has already been done," we concluded the appeal was moot. Id. at 1069 (quoting Friends of the Earth v. … Makah, 910 F.2d at 559 n. 6. 45 The contours of the public rights exception have not been clearly defined.

Shaykh Muhammad Al Saud v. Pannan Days

36 F.4th 949 · Court of Appeals for the Ninth Circuit · Jun 8, 2022

The district court decided the motion for judgment on the pleadings on the merits and did not rule on qualified immunity. … Because we also affirm on the merits of the claims, we do not analyze the qualified immunity defense.

Sancho v. County of Jackson

Court of Appeals for the Ninth Circuit · Feb 6, 2025

did not violate the [Constitution] and, in any event, did not violate clearly established law.” … clearly established at the time of [their] alleged misconduct.’”

Manuel T. Fragante v. City and County of Honolulu Eileen Anderson Peter Leong Dennis Kamimura George Kuwahara Kalani McCandless

888 F.2d 591 · Court of Appeals for the Ninth Circuit · Oct 23, 1989

to be able to communicate clearly and effectively. … Furthermore, Fragante was never advised that he was not qualified for the job: he was only told that he was less-qualified than his competition.

Commissioner of Internal Revenue v. Harlan

80 F.2d 660 · Court of Appeals for the Ninth Circuit · Dec 17, 1935

Immunity from suit is an inherent quality of sovereignty. The fact that a sovereign may waive its immunity does not alter its nature or affect the governmental character of the function its agency may be performing. … The taxpayer in the case at bar was clearly an officer of the district which was performing an essential governmental function.

Gondek v. Hebhardt

56 F. App'x 780 · Court of Appeals for the Ninth Circuit · Feb 3, 2003

For her disparate treatment claim, she was required to demonstrate that “(1) she belongs to a protected class; (2) she was qualified for the position; (3) she was subjected to an adverse employment action; and (4) similarly … We agree with the district court that Donna Gondek failed to establish a prima facie case of either disparate treatment or hostile working environment.

Risk v. Halvorsen

936 F.2d 393 · Court of Appeals for the Ninth Circuit · Jun 5, 1991

While the Letelier court apparently considered “action that is clearly contrary to the precepts of humanity” outside the scope of the discretionary function exception, id., the nature of the act in that case obviously influenced … We need not address that issue because we hold that the officials are immune under the VCCR. IV.

Hampton v. Flores

Court of Appeals for the Ninth Circuit · Dec 5, 2025

I would hold that Officer Flores is entitled to qualified immunity. … I respectfully dissent from the decision to deny Officer Flores qualified immunity. 7

Lehner v. United States

685 F.2d 1187 · Court of Appeals for the Ninth Circuit · Sep 3, 1982

Due Process Claim The State of California has established a procedure whereby a mortgagee can hold a foreclosure sale without judicial intervention. See Cal.Civil Code § 2924 et seq. … She alleges that HUD mailed the notice to the wrong address. 5 Although we cannot determine whether her allegation is true, the record reveals clearly that she knew the foreclosure sale was imminent.

Transue v. Aesthetech Corp.

341 F.3d 911 · Court of Appeals for the Ninth Circuit · Aug 27, 2003

BMS argues that established Washington case law holds that comment k governs this case because breast implants, as medical devices available only through a physician, fall within the ambit of comment k. … It seems reasonable that, if the district court so thought, it would have articulated this belief during the discussion of jury instructions, in which the plaintiff clearly argued that a separate instruction should be given