Case law

McGuire v. United States

550 F.3d 903 · Court of Appeals for the Ninth Circuit · Dec 24, 2008

The court agreed with the bankruptcy court that the government’s actions could qualify as a “regulatory taking,” but held that McGuire’s claim was not ripe for review because the government never denied an application for … Unless McGuire “satisfies the burden of establishing that its action falls within an unequivocally expressed waiver of sovereign immunity by Congress, it must be dismissed.” Dunn & Black v.

Ngiraingas v. Sanchez

849 F.2d 372 · Court of Appeals for the Ninth Circuit · Jun 7, 1988

Accordingly, police officers "generally are shielded 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 … established constitutional rights ..."?

The Boeing Company v. Maziar Movassaghi

768 F.3d 832 · Court of Appeals for the Ninth Circuit · Sep 19, 2014

RAPHAEL 3 The panel held that Boeing had standing because as landowner, it established injury in fact. … Thus, SB 990 violates intergovernmental immunity unless Congress has clearly and unambiguously authorized California to exercise authority over the Department of Energy with respect to radioactive materials.

Longina Perez Monroy v. Ruben Perez

Court of Appeals for the Ninth Circuit · Feb 20, 2025

At summary judgment, Perez is not entitled to qualified immunity on the Fourth Amendment claim. 2. … Thus, as to the Fourteenth Amendment claim, we hold that Perez is entitled to qualified immunity.

Madrid v. Gomez

150 F.3d 1030 · Court of Appeals for the Ninth Circuit · Jul 2, 1998

To qualify as a “clear statement,” the statutory provision must be unambiguous. See id. at 263 , 114 S.Ct. 1483 . … Rather, ... the stipulation’s reference to market rates was simply reflective of the established nature of the law and, hence, the parties’ expectations, in light of that established law.

M&z Trading Corp. v. Hecny Group

41 F. App'x 141 · Court of Appeals for the Ninth Circuit · Jul 12, 2002

A carrier can establish immunity under the “Restraint of Princes” defense if it shows that seizure by a foreign sovereign was the proximate cause of the loss to the cargo. See Sedco, Inc. v. S.S. … Goulandris, 306 F.2d 426, 430 (2d Cir.1962). *145 We see no error in the district court’s finding that Cargolift successfully established its right to immunity under the “Restraint of Princes” defense.

Miller v. City of Simi Valley

324 F. App'x 681 · Court of Appeals for the Ninth Circuit · Apr 29, 2009

immunity. … We have jurisdiction to decide whether the officers are entitled to qualified immunity as a matter of law, viewing the facts in the light most favorable to Miller. See Kennedy v.

International Ass'n of Machinists & Aerospace Workers v. Organization of the Petroleum Exporting Countries

649 F.2d 1354 · Court of Appeals for the Ninth Circuit · Jul 6, 1981

The district court ordered a full hearing, noting that the Foreign Sovereign Immunities Act (FSIA) prohibits the entry of a default judgment against a foreign sovereignty “unless the claimant establishes his claim or right … While conspiracies in restraint of trade are clearly illegal under domestic law, the record reveals no international consensus condemning cartels, royalties, and production agreements. 9 The United States and other nations

United States v. David J. Shaw

812 F.2d 1182 · Court of Appeals for the Ninth Circuit · Mar 16, 1987

That reference clearly suggested to the jury that the detective knew whether the witness was telling the truth and would see that he did. … Shaw’s____ On the following day, immunity was approved and the trial judge entered an order granting Rose immunity and compelling her to testify. Rose nevertheless refused to testify.

Tamara Taylor v. City and County of Honolulu

Court of Appeals for the Ninth Circuit · Jun 26, 2024

the official has violated was clearly established at the time of the violation.” … “We must affirm the district court’s denial of qualified immunity if, accepting all of Plaintiffs’ allegations as true, [the defendant’s] conduct ‘(1) violated a constitutional right that (2) was clearly established at

Springs Ambulance Service, Inc. v. City of Rancho Mirage

745 F.2d 1270 · Court of Appeals for the Ninth Circuit · Oct 25, 1984

Brown immunity: To prove that a policy is clearly articulated and affirmatively expressed, the City must demonstrate not only the existence of a state policy to displace competition with regulation, but also that the legislature … As originally enacted, that section stated that “The City Council shall establish and keep on file with the City Clerk, a maximum rate schedule” for ambulance service.

Waller v. City of Nogales

Court of Appeals for the Ninth Circuit · Apr 24, 2025

This case is best resolved on the second prong of the qualified immunity analysis. See O’Doan v. Sanford, 991 F.3d 1027, 1036 (9th Cir. 2021). … Cockrum did not have a clearly established right against deadly force such that the officers knowingly violated the Fourth Amendment.

Tucson Airport Authority v. General Dynamics Corp.

136 F.3d 641 · Court of Appeals for the Ninth Circuit · Feb 12, 1998

We turn, then, to the third requirement necessary to establish an APA waiver of sovereign immunity: The claims must not seek relief “expressly or impliedly forbidden]” by another statute. See 5 U.S.C. § 702 . … As our discussion has shown, however, this result is clearly dictated by the principles of sovereign immunity and the limited jurisdiction of federal courts, which only Congress-and not this court-can change.

Hilao v. Estate of Marcos

393 F.3d 987 · Court of Appeals for the Ninth Circuit · Dec 28, 2004

We agreed with the Republic that, under the Foreign Sovereign Immunities Act of 1976, 3 it was immune from the district court’s jurisdiction. … Thus, the court clearly expressed its view that the injunction binds the Republic. Estate III, 94 F.3d at 544 (emphasis added).

Thomas Trebotich and Jeanne Trebotich v. Commissioner of Internal Revenue

492 F.2d 1018 · Court of Appeals for the Ninth Circuit · Feb 20, 1974

Simpson’s opinion demonstrates: The statutory provisions relating to qualified plans establish special and favorable tax treatment for participants in such plans. … Under the Agreement, PMA was an agent of *1027 the employers rather than a fiduciary, 14 and thus the arrangement was clearly analogous to an accumulation by the employers in a reserve account, established and controlled

In Re: Harry H. Mitchell

209 F.3d 1111 · Court of Appeals for the Ninth Circuit · Apr 21, 2000

Congress has clearly expressed its intent to abrogate state sovereign immunity in S 106(a), which provides in relevant part that "[n]othwithstanding an assertion of sovereign immunity, sovereign immunity is abrogated as to … Ct. at 2255 ("The Constitution, by delegating to Congress the power to establish the supreme law of the land .. . does not foreclose a State from asserting immunity to claims arising under federal law merely because that

Brian Forrett v. Linford Richardson, Terry Frizell Ronald O. Loveridge Jack Clarke

112 F.3d 416 · Court of Appeals for the Ninth Circuit · Apr 28, 1997

At the close of all of the evidence, defendants moved for judgment as a matter of law on the grounds that they did not violate Forrett’s Fourth Amendment rights and were entitled to qualified immunity. … immunity in any event.

Reverend W. Eugene Scott, Phd. v. Joel Rosenberg

702 F.2d 1263 · Court of Appeals for the Ninth Circuit · Apr 22, 1983

Furthermore, Scott’s claim is not “so bizarre, so clearly nonreligious in motivation, as not to be entitled to protection under the Free Exercise Clause.” Thomas v. … Economou, supra (absolute and qualified immunity); Scheuer v. Rhodes, 416 U.S. 232 , 94 S.Ct. 1683 , 40 L.Ed.2d 90 (1974) (qualified immunity). AFFIRMED. 1 .

Oralee Anderson-Francois v. Brad Conners

415 F. App'x 6 · Court of Appeals for the Ninth Circuit · Jan 21, 2011

Thus, because a jury could conclude that Conners violated a clearly established constitutional right, Conners is not entitled to qualified immunity. … Accordingly, and in light of the fact that the right was clearly established, Newman is not entitled to qualified immunity. Monell Liability Anderson-Francois’ claim against the County arises under Monell v.

Gibson v. OFFICE OF ATTY. GEN., CALIFORNIA

561 F.3d 920 · Court of Appeals for the Ninth Circuit · Mar 18, 2009

Defendants filed a motion to dismiss, arguing that they were entitled to qualified immunity because Plaintiffs failed to allege that they had engaged in any protected First Amendment activity. … Gomez, 267 F.3d 895, 903 (9th Cir.2001) (per curiam) (holding that, in the absence of disputed facts, qualified immunity is a question of law).