Case law

Burlington Northern Railroad v. Blackfeet Tribe of the Blackfeet Indian Reservation

924 F.2d 899 · Court of Appeals for the Ninth Circuit · Jan 25, 1991

Indian tribes and their governing bodies possess common-law immunity from suit. They may not be sued absent express and unequivocal waiver of immunity by the tribe or abrogation of tribal immunity by Congress. … The Supreme Court has held the latter act “clearly grants only an easement, and not a fee,” Great N. Ry. Co. v.

Ronald Oertwich v. Traditional Village of Togiak

Court of Appeals for the Ninth Circuit · Mar 30, 2022

Oertwich’s § 1983 Claim Oertwich asserts that the district court erred by dismissing his § 1983 claim based on qualified immunity because he sufficiently alleged that the individual tribal officers violated his clearly … established constitutional rights.

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.

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.

Annan-Yartey v. Kona

32 F. App'x 347 · Court of Appeals for the Ninth Circuit · Mar 18, 2002

Because Annan-Yartey’s trial counsel failed to present a challenge that the form of the jury instructions was clearly erroneous and approved the final form of the jury *348 instructions, we reject Annan-Yartey’s contention … We have considered Annan-Yartey’s contentions regarding calling a physician as a witness, introducing a university trespass memo, jury bias, defendants’ motion for directed verdict and qualified immunity for defendants.

Daniel Wilson v. Bullhead City Police Department

Court of Appeals for the Ninth Circuit · Sep 23, 2024

The district court properly granted summary judgment on the basis of qualified immunity because defendants’ conduct did not violate clearly established rights. See Plumhoff v. … Rickard, 572 U.S. 765, 778-79 (2014) (defendants sued under § 1983 are entitled to qualified immunity unless they violated a right that was clearly established; “a defendant cannot be said to have violated a clearly established

Washington v. East Columbia Basin Irrigation District

105 F.3d 517 · Court of Appeals for the Ninth Circuit · Jan 27, 1997

Purpose The statutes relating to construction of the Columbia Basin Project, the Commit *520 tee Bill that preceded the statutes, the letter of the Secretary of the Interior, and affidavits supplied by the government all establish … Congress clearly sought to ensure beyond doubt that sovereign immunity would protect the government from ‘any1 liability associated with flood control.” James, 478 U.S. at 608, 106 S.Ct. at 3122.

Edward C. Lee and Mary C. Lee v. Commissioner of Internal Revenue

723 F.2d 1424 · Court of Appeals for the Ninth Circuit · Jan 17, 1984

We affirm the Tax Court’s findings on factual questions unless those are clearly erroneous. Thompson v. … Whether the Taxpayer Qualified for a New Profession Lee’s second contention, that the training did not qualify him for a new trade or business, presents a closer question.

Martinez v. City of Phoenix

Court of Appeals for the Ninth Circuit · May 26, 2026

Qualified immunity shields officers from civil liability unless (1) the facts alleged show that the officer violated a constitutional right, and (2) that right was clearly established at the time … Qualified immunity does not apply here; accepting as true the facts as alleged in the complaint, the officers violated clearly established law by arresting the Plaintiffs.

Alaska Chapter, Associated General Contractors of America, Inc. v. Pierce

694 F.2d 1162 · Court of Appeals for the Ninth Circuit · Dec 17, 1982

If responses are received from one or more Indian enterprises who are found to be qualified, the IHA then may advertise for bids or proposals limited to qualified IOEEs. 24 C.F.R. 805.-204(a)(l)(ii). 2 If no Indian-owned … If responses are received from one or more Indian enterprises who are found to be qualified, advertise for bids or proposals limited to qualified Indian Organizations and Indian-owned Economic Enterprises. 24 C.F.R. 805.204

Gros Ventre Tribe v. United States

469 F.3d 801 · Court of Appeals for the Ninth Circuit · Nov 13, 2006

The BLM did not establish federal regulations controlling the operation of mines on public lands until 1981. … , the APA establishes the necessary prerequisites to the court's jurisdiction.

Confederated Tribes Of The Chehalis Indian Reservation v. Manuel Lujan

928 F.2d 1496 · Court of Appeals for the Ninth Circuit · Jun 13, 1991

The court expressed sympathy that plaintiffs lacked a qualified forum but nevertheless concluded that "it cannot ignore the rule of law on joinder of parties." 13 We agree with the district court. … Sovereign immunity, however, is not the issue here.

Public Service Company of Colorado v. Shoshone-Bannock Tribes Kelsey Edmo, Sr. Captain J. Weisbacher, Acting Chief of Tribal Police

30 F.3d 1203 · Court of Appeals for the Ninth Circuit · Jul 27, 1994

See Lewis, 494 U.S. at 479 , 110 S.Ct. at 1254 (in order to establish continuing stake in litigation after a change in relevant law, appellant had to prove that it wished to open an uninsured bank, as to which a controversy … By its terms, § 1811 clearly contemplates that Indian tribes may be sued in court if they enact regulations that are alleged to be *1207 preempted by the HMTA.

D.A. Rickards v. Canine Eye Registration Foundation, Inc.

783 F.2d 1329 · Court of Appeals for the Ninth Circuit · Feb 27, 1986

While the mere expression of anticompetitive intent is insufficient to establish a section 1 claim, the record establishes acts committed in furtherance of the conspiracy. … The district court's damage award was not clearly erroneous. D.

Devas Multimedia Private Ltd. v. Antrix Corp. Ltd.

Court of Appeals for the Ninth Circuit · Aug 12, 2026

The Supreme Court reversed, holding that the FSIA does not require a plaintiff to establish minimum contacts over and above the contacts already required by the FSIA’s enumerated exceptions to foreign sovereign immunity before … The parties agree that Antrix is wholly owned by India and therefore qualifies as a foreign state under the FSIA. As relevant here, the FSIA includes an “arbitration exception” to foreign sovereign immunity.

Woodrum v. Woodward County

866 F.2d 1121 · Court of Appeals for the Ninth Circuit · Jan 25, 1989

“[Ejxisting Supreme Court and Ninth Circuit precedent establish that a *1125 parent has a constitutionally protected liberty interest in the companionship and society of his or her child. … Rosson’s child molestation reports are entitled to immunity under Cal. Welf. & Inst.Code § 306. See also Cal. Penal Code § 11172 . Rosson’s filing of the custody petition is entitled to absolute immunity. See Holt v.

Renato E. Corzo Dc Ltd. v. Banco Central De Reserva Del Peru

243 F.3d 519 · Court of Appeals for the Ninth Circuit · Mar 1, 2001

Before the Peruvian lawsuit, Novotec and the BCRP had a longstanding commercial relationship, with much of the money for Novotec’s operations coming from the so-called “FENT Fund,” a line of credit which the BCRP had established … immune from suit.

Big Spring v. United States

767 F.2d 614 · Court of Appeals for the Ninth Circuit · Jul 31, 1985

. §§ 331-358 (1982), established procedures for selection of allotments of reservation land to individual Indians. … Until recently, there was some doubt as to whether section 2401(a) always applied to section 345 claims, because this circuit, without discussing the statute, has reached the merits of claims that clearly had accrued more

Keeton v. University Of Nevada System

150 F.3d 1055 · Court of Appeals for the Ninth Circuit · Jul 10, 1998

The legislative history and development of the ADEA clearly establish that Congress relied upon the enforcement clause of the Fourteenth Amendment in enacting the 1974 ADEA amendments. 9 Defendants rely on the ADEA's express … Thus, the Defendants have not sustained their burden of establishing their entitlement to Eleventh Amendment immunity, see Hyland, 117 F.3d at 413 .

United Marine Mutual Indemnity Ass'n v. Donovan

701 F.2d 791 · Court of Appeals for the Ninth Circuit · Mar 15, 1983

It is asserted that P & I’s are so well established that a requirement of oversight by the Secretary would add little to the self-regulation and cross-insurance the P & I voluntarily undertakes. … To exempt P & I’s from the threat of losing its right to operate “for good cause shown” would be to grant them a surprising immunity and seems not likely to have been Congress’ intent.