Case law

Keane v. Artz

162 F. App'x 748 · Court of Appeals for the Ninth Circuit · Jan 12, 2006

Police officers are entitled to immunity from civil damages if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Thus, Artz’s conduct was objectively reasonable, and he is immune from section 1983 liability. See id. AFFIRMED.

James Mills v. City of Covina

921 F.3d 1161 · Court of Appeals for the Ninth Circuit · Apr 24, 2019

See id. at 395 n.4 (“If under those circumstances he were not allowed to refile his suit, Heck would produce immunity from § 1983 liability, a result surely not intended.”). … Cal. 2011) (stating that “a conviction overturned due to the exclusionary rule does not qualify as a favorable termination for the purposes of malicious prosecution”).

United States v. Bowman

116 F. App'x 840 · Court of Appeals for the Ninth Circuit · Nov 12, 2004

“[T]he government has the burden to establish clearly and unequivocally the conviction was based on all of the elements of a qualifying predicate offense.” United States v. … Using the modified categorical approach, a court may examine “documentation or judicially noticeable facts that clearly establish that the conviction is a predicate conviction for enhancement purposes, such as the indictment

Julieta Vitug Biggs v. Immigration and Naturalization Service

55 F.3d 1398 · Court of Appeals for the Ninth Circuit · May 24, 1995

At the suspension hearing, Biggs testified that in 1990 she had been diagnosed with lupus, a serious disease affecting the immune system and impairing the movement of the joints. … The BIA also upheld the 'denial of relief from deportation on the ground that Biggs had failed to establish extreme hardship, as required by section 1254(a)(1). The BIA stated that Dr.

Flamingo Industries (Usa) Ltd. And Arthur Wah v. United States Postal Service, an Entity Created Pursuant to the Postal Reorganization Act

302 F.3d 985 · Court of Appeals for the Ninth Circuit · Aug 23, 2002

The Supreme Court established the breadth of the Postal Service’s sovereign immunity waiver in Franchise Tax Board v. United States Postal Service, 467 U.S. 512 , 104 S.Ct. 2549 , 81 L.Ed.2d 446 (1984). … To overcome this presumption “it must be clearly shown that certain types of suits are not consistent with the statutory or constitutional scheme, that an implied restriction of the general authority is necessary to avoid

Farr v. U.S. West Communications, Inc.

151 F.3d 908 · Court of Appeals for the Ninth Circuit · Jun 15, 1998

But these employees were not even told what the phrase “qualifying amount” meant or that amounts that did not “qualify” would be taxed as ordinary income in the year received. One suspects that if the CEO of U.S. … But as this case so aptly demonstrates, perhaps Congress should rethink the limited remedies provided in § 502 and afford a greater range of relief to beneficiaries when a fiduciary so clearly breaches its duties.. .

United States v. Gilberto Pimentel-Flores

339 F.3d 959 · Court of Appeals for the Ninth Circuit · Aug 11, 2003

Section 1326 establishes the penalty provisions for the offense of illegal reentry. … clearly establish that the conviction is a predicate conviction for enhancement purposes” under the "modified categorical approach."

Michael M. FURMAN, Petitioner-Appellant, v. Tana WOOD, Respondent-Appellee

169 F.3d 1230 · Court of Appeals for the Ninth Circuit · Mar 30, 1999

We previously have determined that the standard of “unreasonable application of[ ] clearly established Federal law” in the new § 2254 governs mixed questions of law and fact, while the standard of “contrary to ... clearly … This negative implication, however, hardly qualifies as “clearly established” law within the meaning of 28 U.S.C. § 2254 (d)(1).

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.

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.

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.

Woodrum v. Woodward County

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

Sec. 1983 , we need not decide whether the social workers and the SLO are immune from suit. II. … Rosson's filing of the custody petition is entitled to absolute immunity. See Holt v. Castaneda, 832 F.2d 123, 125-26 (9th Cir.1987).

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.

Steve Kie Chang v. Immigration & Naturalization Service

307 F.3d 1185 · Court of Appeals for the Ninth Circuit · Oct 11, 2002

The text of the plea agreement remarkably tracks Congress’s choice of words in § 1101 (a)(43)(M)(i) and definitively establishes that the only offense of which Chang was convicted falls about $9,400 shy of qualifying as an … Here, the plea agreement does clearly provide a loss-to-the-victim amount.

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.

Karluk Mayweathers v. J. Woodford

393 F. App'x 425 · Court of Appeals for the Ninth Circuit · Aug 18, 2010

Qualified Immunity Qualified immunity protects government workers from civil liability if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … Gomez, 370 F.3d 969, 978 (9th Cir. 2004) (holding prison officials are entitled to qualified immunity if it was not clearly established that race-based differentiation is unconstitutional).

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.

United States v. Garcia-Hernandez

569 F.3d 1100 · Court of Appeals for the Ninth Circuit · Jun 25, 2009

qualifying conviction. … The district court’s findings are not clearly erroneous. See United States v.

Nanayakkara v. California State University, Fullerton By and Through Bd. of Trustees of California State University

60 F.3d 834 · Court of Appeals for the Ninth Circuit · Jun 1, 1995

The issue in dispute is whether Nanayakkara was qualified to receive tenure. 33 The tenure review process itself indicates that Nanayakkara was at least arguably qualified to receive tenure. … CSUF submitted Nanayakkara's tenure reviews which clearly establish that the denial of tenure was based on the criteria as set forth in the University Policy Statement 210. 35 Each of the four times tenure was denied, President

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.