Case law

Llewellyn v. Crothers

765 F.2d 769 · Court of Appeals for the Ninth Circuit · Jul 8, 1985

Where the restraint in question is, first, clearly articulated and affirmatively expressed as a matter of state policy, and, second, subject to the active supervision of the state itself, the Parker defense is applicable. … No equal protection violation was established. The judgment of the district court is AFFIRMED.

Bratt v. County of Los Angeles

912 F.2d 1066 · Court of Appeals for the Ninth Circuit · Aug 27, 1990

Good Faith The statutory requirement of good faith and reasonable grounds establishes a *1072 test with both subjective and objective components. Brock v. … The district court’s finding that the County’s actions were taken in good faith, therefore, was not clearly erroneous. B.

United States v. Brent Wilkes

744 F.3d 1101 · Court of Appeals for the Ninth Circuit · Mar 10, 2014

Legal Standard for Compelled Immunity In Straub, we held that a defendant could establish a Fifth and Sixth Amendment violation by showing that: “(1) the defense witness’s testimony was relevant; and (2) either (a) the … Clearly he could have held that understanding concurrently with the events described in Combs’s testimony. 6. ROI Analysis On September 30, 1998, ADCS submitted a $135,795 invoice for an “ROI.”

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.

Zango Inc v. Kaspersky Lab Inc

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.

International Longshore & Warehouse Union v. ICTSI Oregon, Inc.

863 F.3d 1178 · Court of Appeals for the Ninth Circuit · Jul 24, 2017

That ends the inquiry: the § 301 suit is covered by Noerr-Pennington immunity. … qualify too (meaning employer-only agreements now qualify as arm's-length or such requirement no longer exists at all).

Confederated Tribes & Bands of Yakama Indian Nation v. Locke

176 F.3d 467 · Court of Appeals for the Ninth Circuit · May 6, 1999

The Court also stated in its order that the State was immune under the Eleventh Amendment, and that it was unnecessary to decide whether the governor was similarly immune. … Those statutes establish the Washington State Lottery as a separate state agency, which is operated by an independent Commission whose members are ap *470 pointed for six-year terms. Wash. Rev.

John C. McLEAN, PLaintiff-Appellant, v. PHILLIPS-RAMSEY, INC., a Corporation, Defendant-Appellee

624 F.2d 70 · Court of Appeals for the Ninth Circuit · Jun 2, 1980

These findings may not be disturbed unless clearly erroneous. Rutledge v. Electric Hose & Rubber Co., 511 F.2d 668, 676 (9th Cir. 1975). We conclude that the district court’s findings are clearly erroneous. … McLean presented sufficient evidence to establish a prima facie case of racial discrimination under the McDonnell Douglas standard.

Gillespie v. Civiletti

629 F.2d 637 · Court of Appeals for the Ninth Circuit · Oct 6, 1980

In Carlson , the Supreme Court established that a violation of the Eighth Amendment proscription against cruel and unusual punishment could be the basis for a Bivens type action. … immunity accorded them . provides adequate protection, (citations omitted)” Id., 446 U.S. at 19 , 100 S.Ct. at 1472 , 64 L.Ed.2d at 24 .

Klene v. Winn

Court of Appeals for the Ninth Circuit · Oct 29, 2025

Qualified immunity shields government officials from liability under 42 U.S.C. § 1983 “unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was clearly established … On appeal, Detective Winn challenges only whether her conduct violated clearly established law.

Al-Haramain Islamic Foundation, Inc. v. Obama

705 F.3d 845 · Court of Appeals for the Ninth Circuit · Aug 7, 2012

Without the Sealed Document, the Al-Haramain organization could not establish that it suffered injury-in-fact and therefore did not have standing to bring suit. Id. at 1205 . … : “What we thus require is that the scope of Congress’ waiver be clearly discernable from the statutory text in light of traditional interpretive tools.

Robert Eugene Beene v. Cal A. Terhune James Nielson Roger Schaufel J.M. Widener, Parole Agent

380 F.3d 1149 · Court of Appeals for the Ninth Circuit · Aug 19, 2004

regardless of when the qualifying crime was committed. … State, 258 Ark. 553 , 528 S.W.2d 362, 364 (1975) (discussing evidence sufficient to establish intent to rape and requiring an “overt act” to establish intent).

Brown v. Li

308 F.3d 939 · Court of Appeals for the Ninth Circuit · Oct 24, 2002

Qualified Immunity on the First Amendment Claim 44 We apply a three-step test to determine whether a defendant is entitled to qualified immunity on a federal constitutional claim. … Qualified Immunity on the Procedural Due Process Claim 85 Plaintiff also argues that Defendants violated his clearly established right to due process when they "withheld [Plaintiff's] degree and otherwise harmed [him] without

Weber v. Department of Veterans Affairs

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

If such a board finds that such person is not fully qualified 3574 WEBER v. DEPARTMENT OF VETERANS AFFAIRS and satisfactory, such person shall be separated from the service. … “Under Fausto, where a comprehensive remedial scheme exists to address agency adverse actions, and Con- gress has clearly indicated that no judicial review is available, an individual may not choose other federal statutory

Boone v. Redevelopment Agency

841 F.2d 886 · Court of Appeals for the Ninth Circuit · Mar 1, 1988

From this, they conclude that the city and agency cannot rely on the statute to immunize their actions. … The standard governing attacks on economic regulations brought under the equal protection clause is well established.

United Cook Inlet Drift Assoc. v. Trinidad Corp.

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

Clearly, this language invests the on-site hy-drographer with discretion over whether to run splits to cure any violations of the maximum spacing requirements. … To the extent there may be discretion to decide whether something qualifies as an “indication,” such a judgment necessarily rests on purely scientific grounds.

Brem-Air Disposal v. Cohen

156 F.3d 1002 · Court of Appeals for the Ninth Circuit · Sep 28, 1998

In Parola , the plaintiff filed both a bid and a bid protest, so it clearly had standing under CICA. See id. at 957 . . … As we have noted, § 10 waives "sovereign immunity in suits seeking judicial review of agency actions where judicial review has not been expressly authorized by statute.” Parola, 848 F.2d at 958 .

Kirkman v. State of California

Court of Appeals for the Ninth Circuit · Mar 23, 2026

“We review de novo the district court’s decision denying summary judgment on the basis of qualified immunity.” Peck v. Montoya, 51 F.4th 877, 884 (9th Cir. 2022) (citation omitted). We affirm. 1. … Accordingly, we affirm the district court’s denial of qualified immunity. See Landeros, 837 F.3d at 1013. AFFIRMED. 3 25-1889

In Re Richard D. Greene and Donna J. Greene, Husband and Wife, Debtors, Ross Richardson, Chapter 7, Trustee-Appellee v. Mt. Adams Furniture

980 F.2d 590 · Court of Appeals for the Ninth Circuit · Nov 25, 1992

Under these circumstances, we are not disposed to modify the long-established principle of tribal sovereign immunity. Id. at -, 111 S.Ct. at 910 , 112 L.Ed.2d at 1120-21 (citations omitted). … Congress knows how to limit the sovereign immunity of others when it wants to. .Contemporaneously with Senate ratification of the Treaty with the Yakimas in 1859 ( 12 Stat. 951 ), the Supreme Court said, “[i]t is an established

Jack Potter v. City of Lacey

46 F.4th 787 · Court of Appeals for the Ninth Circuit · Aug 18, 2022

[was] better qualified to answer . . . in the first instance.’” Pacheco v. … The latter two components spring from the Privileges and Immunities Clause of Article IV, § 2, and the Privileges or Immunities Clause of the Fourteenth Amendment, respectively. Id. at 501–03.