Case law

Paul Grondal v. United States

37 F.4th 610 · Court of Appeals for the Ninth Circuit · Jun 13, 2022

Bay Mills Indian Cmty., 572 U.S. 782, 789 (2014) (noting that “the qualified nature of Indian sovereignty . . . plac[es] a tribe’s immunity, like its other governmental powers and attributes, in Congress’s hands”). … Robins, 578 U.S. 330, 339 (2016) (“To establish injury in fact, a plaintiff must show that he or she suffered an invasion of a 24 GRONDAL V.

Peter Harrell v. Southern Oregon University

474 F. App'x 665 · Court of Appeals for the Ninth Circuit · Jul 20, 2012

A defendant is entitled to qualified immunity if the purported constitutional right was not “clearly established” at the time of the challenged conduct. See Ashcroft v. al-Kidd, 131 S. Ct. 2074, 2080 (2011). … The “clearly established” standard is not satisfied here and thus, Appellees are entitled to qualified immunity. Harrell alleges that his First Amendment constitutional rights were violated by the Appellees.

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.

Feinstein v. Nettleship Co. Of Los Angeles

714 F.2d 928 · Court of Appeals for the Ninth Circuit · Sep 1, 1983

In Klamath-Lake, we held that the practice of shifting the risk of pharmacy costs, as well as medical costs, qualified as the business of insurance. … The state regulation requirement clearly is satisfied in this case. 24 B.

Lee v. Oregon

107 F.3d 1382 · Court of Appeals for the Ninth Circuit · Feb 27, 1997

The state of Oregon and the attorney general and governor of Oregon were dismissed on Eleventh Amendment immunity grounds. … SECTION 4 IMMUNITIES AND LIABILITIES .§ 4.01 IMMUNITIES Except as provided in Section 4.02: (1) No person shall be subject to civil or criminal liability or professional disciplinary action for participating in good faith

John Gates v. Victor Fine Foods

54 F.3d 1457 · Court of Appeals for the Ninth Circuit · May 16, 1995

The [Act] uses it to determine whether an "agency" of the state may potentially qualify for foreign sovereign immunity itself under the [Act]. … Although FFF clearly entered into such loan agreements, Alberta Pork's role in GGFF's financing is less clear

Witkin v. Pittsley

Court of Appeals for the Ninth Circuit · May 27, 2026

We review de novo a district court’s summary judgment and its qualified immunity * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36 … and access a dayroom, did not violate clearly established law.

Elizabeth B. Johnson v. Charles B. MacCoy

278 F.2d 37 · Court of Appeals for the Ninth Circuit · Mar 31, 1960

Appellant concedes that “had [appellee] stopped with the first complaint and warrant, she [appellant] could not have pierced his [appellee’s] immunity.” … If a clear absence of jurisdiction can be established, then the first issuance must be as illegal as the second. 1 The appellee was a magistrate (California Penal Code § 807) designated specifically as such (California Penal

Alfredo Esquivel v. United States

21 F.4th 565 · Court of Appeals for the Ninth Circuit · Dec 17, 2021

“The Act did not waive the sovereign immunity of the United States in all respects, however; Congress was careful to except from the Act’s broad waiver of immunity several important classes of tort claims.” … These quoted provisions clearly do not prescribe a mandatory course of action, and indeed, this court has found other FSM provisions to be discretionary. See Miller, 163 F.3d at 594–95; Green, 630 F.3d at 1250–51.

YAKAMA INDIAN NATION, Plaintiff-Appellant, v. STATE OF WASHINGTON DEPARTMENT OF REVENUE, Defendant-Appellee

176 F.3d 1241 · Court of Appeals for the Ninth Circuit · Jun 1, 1999

consent waiving sovereign immunity. … Clearly, the state officials here were acting within their delegated authority when they seized the cigarettes, sold them at auction, and scheduled an administrative hearing. 2.

Pinal Creek Group v. Newmont Mining Corp.

118 F.3d 1298 · Court of Appeals for the Ninth Circuit · Jul 2, 1997

Bay Area Battery, 895 F.Supp. 1524, 1533 (N.D.Fla.1995) (“section 113(f) qualifies the broad cause of action created in section 107(a)”); Boeing Co. v. … Section 113(g)(3) establishes a three-year statute of limitations for “contribution” actions, while § 113(g)(2) generally establishes a six-year statute of limitations for “cost recovery” actions brought under § 107. 42 U.S.C

Dc Comics v. Pacific Pictures Corporation

706 F.3d 1009 · Court of Appeals for the Ninth Circuit · Jan 10, 2013

We determined that the first two criteria—that the order be conclusive and that it resolve a question separate from the merits—were clearly satisfied. Id. at 1025. … an immunity should be available.

United States v. Awkard

597 F.2d 667 · Court of Appeals for the Ninth Circuit · Apr 23, 1979

Kroger was qualified as an internationally respect¿cTauthority on medical hypnosis, and he explained the techniques used in hypnosis. … Fair-child Hiller Corp., supra, as requiring the expert testimony to establish admissibility.

Rivera v. Anderson

Court of Appeals for the Ninth Circuit · Sep 9, 2026

Manual directing counties to follow the challenged statute established the requisite connection with enforcement. … But the President clearly did not promulgate the provision. And in Los Angeles County Bar Ass’n v.

In Re Pacific Far East Lines, Inc.

889 F.2d 242 · Court of Appeals for the Ninth Circuit · Nov 8, 1989

The government raised the defense of sovereign immunity. … The "Application ... to Establish Procedure" was filed eight months later.

United States v. James Lynn Hooton

662 F.2d 628 · Court of Appeals for the Ninth Circuit · Nov 30, 1981

The denial of Hooton’s motion to suppress was not clearly erroneous. … The existence of the Hoo-ton-Porrazzo business arrangement was established by stipulation.

Alvarez-Machain v. United States

266 F.3d 1045 · Court of Appeals for the Ninth Circuit · Sep 11, 2001

of the State Party concerned or by a law established pursuant thereto” and that “[n]o one shall be subject to arbitrary arrest or imprisonment.” … The needs of the international system are too complex to dictate clearly the choice of either Mexican or federal common law.

Lee Rice, II v. Janet Murakami

671 F. App'x 472 · Court of Appeals for the Ninth Circuit · Nov 29, 2016

We reverse the denial of qualified immunity as to Officer Janet Murakami and affirm the denial as to the other officers. … It was clearly established at the time of the incident that striking and kneeing a person being arrested who was not physically resisting constituted excessive force. See, e.g., Palmer v.

Baxter v. D'Amico

327 F. App'x 696 · Court of Appeals for the Ninth Circuit · Apr 30, 2009

Based on the record before us, it is unclear whether D’Amico’s decision regarding Baxter’s surgery would qualify for immunity under Martinez . … Institute of Technology, 339 F.3d 1158 , 1181 n. 28 (9th Cir.2003) (“[W]ith the federal claims finally disposed of, the appropriate forum for addressing the state law claims is clearly the state court.”).

Baxter v. D'Amico

327 F. App'x 696 · Court of Appeals for the Ninth Circuit · Apr 30, 2009

Based on the record before us, it is unclear whether D’Amico’s decision regarding Baxter’s surgery would qualify for immunity under Martinez . … Institute of Technology, 339 F.3d 1158 , 1181 n. 28 (9th Cir.2003) (“[W]ith the federal claims finally disposed of, the appropriate forum for addressing the state law claims is clearly the state court.”).