Case law

Times Mirror Co. v. United States

873 F.2d 1210 · Court of Appeals for the Ninth Circuit · Apr 18, 1989

For these reasons, we hold that the First Amendment does not establish a qualified right of access to search warrant proceedings and materials while a pre-indictment investigation is still ongoing. … This means that the clearly predictable injuries to the reputations of the named individuals is [sic] likely to be irreparable. 776 F.2d at 1113-14 .

Thomas v. Small

36 F. App'x 889 · Court of Appeals for the Ninth Circuit · Mar 13, 2002

“A state court decision is ‘contrary to’ clearly established federal law if it failed to apply the correct controlling authority from the Supreme Court.” Brown v. … In order to merit habeas relief, the California Court of Appeal decision 3 must be contrary to clearly established Supreme Court law.

Ronald Glick v. Dave Edwards

803 F.3d 505 · Court of Appeals for the Ninth Circuit · Oct 7, 2015

P. 12(c) on the basis of qualified immunity. The district court granted the motion as to the unlawful-seizure claim only, and the case proceeded to trial on Glick’s retaliation claim. … II Although Glick did not formally move the district court for recusal, he clearly stated the grounds for District Judge Molloy’s and Magistrate Judge Lynch’s disqualification in his objections to Magistrate Judge Lynch

Moller v. County of San Bernardino

Court of Appeals for the Ninth Circuit · Jun 25, 2026

Cal., Mar. 23, 2012), to clearly establish a constitutional right. Lum does not clearly establish Moller’s asserted right for two reasons. … First, Lum is an unpublished district court opinion, which is not sufficiently “controlling” to clearly establish a constitutional violation for purposes of qualified immunity. Sharp v.

Kerr Center Parents Ass'n v. Charles

842 F.2d 1052 · Court of Appeals for the Ninth Circuit · Mar 9, 1988

By virtue of this agreement, the State qualifies for receipt of federal funds for special education. … In finding that the State defendants were in violation of the EAHCA, the court observed: Until the Oregon legislature provides such funds, or until it enacts legislation clearly placing the financial burdens upon the local

Renee v. Duncan

573 F.3d 903 · Court of Appeals for the Ninth Circuit · Jul 23, 2009

Elique, 436 F.3d 1125, 1132 (9th Cir.2006) (court applied Nevada law in § 1983 action to determine whether a federally recognized property interest and qualified immunity existed); Rains v. … Even if appellants could establish sufficient redressability, they would still have to establish sufficient injury. DBSI/TRI IV Ltd. P’ship, 465 F.3d at 1038 .

Selto v. County of Clark

Court of Appeals for the Ninth Circuit · Jul 16, 2024

Even when government officials violate a plaintiff’s constitutional right, they are entitled to qualified immunity unless the right was “clearly established” 4 … Construing all facts and inferences in Peterson’s favor, a jury could reasonably conclude that Defendants violated Peterson’s clearly established Fourth Amendment right.

Beentjes v. Placer County Air Pollution Control

Court of Appeals for the Ninth Circuit · Feb 3, 2005

As noted above, the District moved for summary judgment on the ground that it was an arm of the state that qualified for Eleventh Amendment sovereign immu- 1546 BEENTJES v. PLACER COUNTY AIR POLLUTION CONTROL nity. … Although this third factor of the Mitchell test is not dispositive, it clearly favors a finding that the District is not an arm of the state. D.

99 Cal. Daily Op. Serv. 3289, 1999 Daily Journal D.A.R. 4252 Confederated Tribes & Bands of the Yakama Indian Nation, a Federally Recognized Indian Tribe v. Gary Locke, in His Official Capacity as Governor of the State of Washington State of Washington, a State of the United States of America

176 F.3d 467 · Court of Appeals for the Ninth Circuit · May 6, 1999

The Court also stated in its order that the State was immune under the Eleventh Amendment, and that it was unnecessary to decide whether the governor was similarly immune. … Those statutes establish the Washington State Lottery as a separate state agency, which is operated by an independent Commission whose members are appointed for six-year terms. Wash. Rev.Code §§ 67.70.030, 67.70.040.

America West Airlines, Inc. v. GPA Group, Ltd.

877 F.2d 793 · Court of Appeals for the Ninth Circuit · Jun 12, 1989

direct effect” in the United States, divests Aerlinte and Aer Lingus of sovereign immunity. … The district court concluded that this was merely another effort to establish jurisdiction through allegations that simply could not be proven.

Employment Development Department v. United States Postal Service, Franchise Tax Board v. United States Postal Service

698 F.2d 1029 · Court of Appeals for the Ninth Circuit · Feb 10, 1983

. *1032 The Postal Service does not contend that it is immune from all suits, for § 401(1) of the Postal Reorganization Act 2 clearly and unambiguously waives sovereign immunity by providing that the Service “may sue and … United Mine Workers establishes no general rule of construction applicable here.

Case-Swayne Co., Inc., a Corporation v. Sunkist Growers, Inc., a Corporation

369 F.2d 449 · Court of Appeals for the Ninth Circuit · Jan 12, 1967

each of which is admittedly entitled to the exemption from the antitrust laws accorded to agricultural cooperatives by the Cap-per-Volstead Act (7 U.S.C.A., see. 291) — is an unlawful conspiracy, combination or agreement established … “The exemptions are accorded and immunities are conferred on agricultural cooperatives and their activities.

Cion Peralta v. T. Dillard

704 F.3d 1124 · Court of Appeals for the Ninth Circuit · Jan 7, 2013

Instead, “officials have an obligation to follow the Constitution even in the midst of a contrary directive from a superior or in a 8 Notably, Brooks has not sought qualified immunity in this case. 24 … Analogously, we have held that police officers are not protected by qualified immunity when they act in reliance on training materials that contradict clearly established constitutional safeguards. See Cal.

Buckner v. E.I. Dupont

Court of Appeals for the Ninth Circuit · Jul 28, 2008

Because Congress did not enact the PAA against a back- drop of well-established common law principles that included the government contractor defense, we cannot grant immunity from liability. … While this issue presents a close question, we conclude that Defendants do not qualify for the exception.

Handte v. Hosmer

327 F. App'x 1 · Court of Appeals for the Ninth Circuit · Nov 14, 2008

Even if the process afforded fell below the constitutionally required minimum, the Defendants are entitled to qualified immunity because they did not violate clearly established law. See Dias v. … Elique, 436 F.3d 1125, 1132 (9th Cir.2006) (holding police officers’ official termination did not “violate a clearly established due process right because [they] were offered, but declined to attend, an informal hearing prior

Hammer v. Gross

884 F.2d 1200 · Court of Appeals for the Ninth Circuit · Sep 6, 1989

They argue that neither the officer’s actions nor the City policy regarding the use of force were unconstitutional and that, in any event, the individual officers were entitled to qualified immunity. We reverse. … Defendants moved for summary judgment on November 10, 1986, asserting that the individual defendants were entitled to qualified immunity and that, because Zatarain contended that he was five feet away from Hammer during the

Kajander v. City of Phoenix

227 F. App'x 637 · Court of Appeals for the Ninth Circuit · Apr 10, 2007

were clearly established as constitutionally suspect at the time of the incident. … We decline to reach the question of qualified immunity since the plaintiff failed to allege any Fourth Amendment violation as part of her 42 U.S.C. § 1983 claim in her complaint.

United States v. Kent Borden Rogers, United States of America v. Jacob N. Peilte

722 F.2d 557 · Court of Appeals for the Ninth Circuit · Dec 28, 1983

This finding must be upheld unless clearly erroneous. See United States v. Provenzano, 620 F.2d 985, 1005 (3d Cir. 1980), cert. denied, 449 U.S. 899 , 101 S.Ct. 267 , 66 L.Ed.2d 129 (1980); United States v. … The government is otherwise under no duty to file charges as soon as probable cause exists or even when there is enough evidence to establish guilt beyond a reasonable doubt.

Daniel Barrera v. David Krause

Court of Appeals for the Ninth Circuit · Feb 17, 2023

We have encouraged district courts to clearly “articulate the basis upon which they deny qualified immunity.” Maropulos v. County of Los Angeles, 560 F.3d 974, 976 (2009) (per curiam). … Whether qualified immunity bars these claims is therefore a closer, fact- bound question.

United States v. Dominic Phillip Brooklier, Samuel Orlando Sciortino, Louis Tom Dragna, Michael Rizzitello, and Jack Locicero

685 F.2d 1208 · Court of Appeals for the Ninth Circuit · Sep 3, 1982

We have examined the record and are of the opinion the district court’s interpretation of the plea agreement is reasonable and is not clearly erroneous. … However, the mere threat of a grand jury subpoena for failure to cooperate does not constitute an offer of immunity. Statements made in confidence are not immune absent an unconditional promise of confidentiality.