Case law

Karen Woods and Gary Woods v. United States of America, Department of the Army, Letterman Army Medical Center

720 F.2d 1451 · Court of Appeals for the Ninth Circuit · Nov 28, 1983

The lower court’s findings should be allowed to stand unless clearly erroneous. … weight of the evidence presented establishes that there is no medical evidence that intracranial Pantopaque can cause or result in organic seizures or epilepsy.

Chong Yia Yang v. State Of California Department Of Social Services

183 F.3d 953 · Court of Appeals for the Ninth Circuit · Jun 24, 1999

Pursuant to this amendment, qualified Hmong once again became eligible for food stamps effective November 1, 1998. … On appeal, DSS and Anderson do not assert an Eleventh Amendment immunity defense to this claim.

North East Medical Services, Inc. v. California Department of Health Care Services, Health & Human Services Agency

712 F.3d 461 · Court of Appeals for the Ninth Circuit · Apr 4, 2013

The Eleventh Amendment clearly bars the remedy they seek—a monetary award paid from the state treasury to a private party. See Edelman, 415 U.S. at 667–69. … These cases do not establish a specific right to represent the federal interest and to recover money from a state.

Kay Riley v. City of Prescott

647 F. App'x 753 · Court of Appeals for the Ninth Circuit · Apr 5, 2016

II Kuykendall is not entitled to qualified immunity. Qualified immunity is assessed in two steps. … Riley’s constitutional rights were clearly established at the time of the violation.

Ratcliff v. Williams

Court of Appeals for the Ninth Circuit · Sep 8, 2025

“Qualified immunity protects government officers ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … To the extent Defendants’ arguments in favor of qualified immunity turn on genuinely disputed issues of material fact, we lack jurisdiction to consider them.

Mt. Hood Stages, Inc., Doing Business as Pacific Trailways v. The Greyhound Corporation and Greyhound Lines, Inc.

616 F.2d 394 · Court of Appeals for the Ninth Circuit · Apr 23, 1980

Equitable tolling was an established part of limitations law at the time of the 1955 amendments. See, e. g., Order of Railroad Telegraphers v. … As we noted in our prior opinion: Clearly there has been no conflict between the regulatory and antitrust regimes. On the contrary, they have accommodated and supplemented each other.

John Crystal Victoria Crystal John Crystal Pools, Inc. v. United States

172 F.3d 1141 · Court of Appeals for the Ninth Circuit · Apr 16, 1999

Therefore, the government established a prima facie case to enforce the summonses. … Of course there has been no prosecution in this case, but if completing a voluntary disclosure does not immunize taxpayers from prosecution, a fortiori initiating a voluntary disclosure cannot immunize them from investigation

Matthews v. Macanas

990 F.2d 467 · Court of Appeals for the Ninth Circuit · Mar 31, 1993

They argue that the district court erroneously concluded that (1) Sanders’s claim was barred by the doctrine of qualified immunity and (2) Matthews’s claim was barred by the expiration of the applicable statute of limitations … We have held in his criminal appeal that the affidavit in support of the search warrant established probable cause and that Sanders’s constitutional rights were not violated. See id.

Ortega v. Holloway

Court of Appeals for the Ninth Circuit · Aug 28, 2025

In ascertaining whether public officials have exceeded the protections of qualified immunity, we ask if “(1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was ‘clearly … These alleged violations of Velasco Ortega’s equal protection rights are also “clearly established” in our precedent.

United States v. Shell Oil Co.

294 F.3d 1045 · Court of Appeals for the Ninth Circuit · Jun 28, 2002

In 1942, President Roosevelt established several agencies to oversee war-time production. … That is, the waiver of sovereign immunity is coextensive with the scope of liability under 42 U.S.C. § 9607 , but the United States is liable under that section only when it qualifies as an owner or operator of a facility

Wildman v. United States

827 F.2d 1306 · Court of Appeals for the Ninth Circuit · Sep 14, 1987

The issue was decided adversely to the government. 356 F.2d at 609-11. 22 We do not find that the qualified waiver of sovereign immunity made by the Quiet Title Act permits acceptance of Calzona's contentions. … Nothing in the statute or its history suggests that the United States was to be put to the burden of establishing its title when it has a colorable claim and has chosen to assert its immunity on behalf of land of which the

City of Anchorage, a Municipal Corporation v. Chugach Electric Association, Inc., Anchorage Independent School District v. Chugach Electric Association, Inc.

252 F.2d 412 · Court of Appeals for the Ninth Circuit · Mar 11, 1958

The rule of construction which establishes a presumption against surrender of the taxing power precludes imputation of such inaccuracy to the territorial legislature. 23a 45 Appellee does not claim to have established any … new business nor to have constructed any new buildings, so as to qualify under the industrial incentive provisions of Chapter 33, S.L.A.1953.

Souders v. Lucero

196 F.3d 1040 · Court of Appeals for the Ninth Circuit · Nov 15, 1999

There is no precedent that clearly applies to the facts of this case. … Because we find that Souders has not established a prima facie case under § 1983, we need not reach the district court’s alternate holding granting qualified immunity- AFFIRMED. .

Kilgore v. Mitchell

623 F.2d 631 · Court of Appeals for the Ninth Circuit · Jul 22, 1980

If the requisites of the statutory good faith defense are met, then the standard for qualified immunity 1 as a defense to Fourth Amendment violations is also satisfied. Id.; Zweibon v. Mitchell, 516 F.2d 594, 671 (D.C. … Due to the difficulty of making such a distinction and because we find qualified immunity established in this case, we decline the invitation to reach the issue of absolute immunity

Cinevision Corporation, a Corporation, Wolf and Rissmiller Concerts, a Corporation v. City of Burbank, a Municipal Corporation of the State of California, and Jim Richman, Cinevision Corporation, a Corporation, and Wolf and Rissmiller Concerts, a Corporation v. City of Burbank, a Municipal Corporation of the State of California and Jim Richman, Cinevision Corporation, a Corporation, and Wolf and Rissmiller Concerts, a Corporation v. City of Burbank, a Municipal Corporation of the State of California and Jim Richman, Cinevision Corporation, a Corporation, Wolf and Rissmiller Concerts, a Corporation v. City of Burbank, a Municipal Corporation of the State of California, and Jim Richman

745 F.2d 560 · Court of Appeals for the Ninth Circuit · Oct 18, 1984

Any willful or purposeful effort by a municipality to suppress protected expression clearly conflicts with the first amendment. 46 Once it is clearly established that the purpose of the conduct is not to suppress protected … Thus, Councilman Richman enjoyed only a qualified immunity from a damages claim under 42 U.S.C. Sec. 1983 .

Hilao v. Estate of Marcos

25 F.3d 1467 · Court of Appeals for the Ninth Circuit · Jun 16, 1994

In that case, we held that Argentina’s official acts of torture, though clearly constituting jus cogens 6 violations of international law, were immunized under FSIA. Siderman, 965 F.2d at 718 . … However, Siderman was an action against the Republic of Argentina, which clearly fell within the “foreign state” scope of FSIA.

United States v. Jeffery Len Melton

344 F.3d 1021 · Court of Appeals for the Ninth Circuit · Sep 24, 2003

If a statute fails to qualify categorically, Taylor permits us to look to certain documentation or judicially noticeable facts that “clearly establish” that the defendant was convicted for an offense qualifying as a violent … This argument ignores that a lone reference in a defendant’s sentencing memorandum, without more, does not qualify as the type of documentary evidence that clearly establishes the fact of conviction under a particular statute

Miller v. Davis

Court of Appeals for the Ninth Circuit · Apr 1, 2008

[1] It has long been established that judges are absolutely immune from liability for acts “done by them in the exercise of their judicial functions.” Bradley v. Fisher, 80 U.S. (13 Wall.) 335, 347 (1871). … See Bradley, 80 U.S. (13 Wall.) at 351-52 (“Where there is clearly no jurisdiction over the subject-matter any author- 3432 MILLER v.

98 Cal. Daily Op. Serv. 8442, 98 Daily Journal D.A.R. 11,743 Theo. H. Davies & Co., Ltd., Dba Pacific MacHinery v. Republic of the Marshall Islands Kwajalein Atoll Development Authority Kwajalein Atoll Joint Utilities Resources, and International Bridge Construction, Inc.

161 F.3d 550 · Court of Appeals for the Ninth Circuit · Nov 17, 1998

Immunities Act ("FSIA"). 2 Theo. … Does the conduct the action is based upon or related to qualify as a "commercial activity"? 15 2.

California Tahoe Regional Planning Agency v. Jennings

594 F.2d 181 · Court of Appeals for the Ninth Circuit · Feb 15, 1979

Appellees suggest that default approval immunizes Douglas County’s issuance from such review. … Jur.2d § 147, pp. 724-26: [l]t is established that a court of equity may enjoin a threatened or anticipated nuisance, public or private, where it clearly appears that a nuisance will necessarily result from the contemplated