Case law

White Mountain Apache Tribe v. Williams

810 F.2d 844 · Court of Appeals for the Ninth Circuit · Feb 10, 1987

Such an action would clearly not be barred by section 1341. See, e.g., Moe, 425 U.S. at 474-75 , 96 S.Ct. at 1641-42 . … However, it is doubtful whether the Tribe qua sovereign would qualify as a "citizen of the United States or other person" eligible to bring an action under section 1983 for deprivation of its rights, privileges, or immunities

Jesse Washington v. J. Gastelo

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

established, so Defendants are entitled to qualified immunity on that claim. 2 denial of leave to amend for an abuse of discretion, but we review the question of futility of amendment … Defendants are entitled to qualified immunity as to Washington’s First Amendment free exercise claim.4 “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their

Ronni Craig v. Compagnie Nationale Air France

45 F.3d 435 · Court of Appeals for the Ninth Circuit · Dec 21, 1994

Air France removed this suit to federal district court, as permitted under the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. Sec. 1603 and 28 U.S.C. … Nor did plaintiff ask for a trial or further discovery to establish anything more than her own declaration.

Gilbreath v. Cutter Biological, Inc.

931 F.2d 1320 · Court of Appeals for the Ninth Circuit · Apr 22, 1991

language that the constitutional immunity was swept away. … The stated purposes of correctional industries established pursuant to section 41-1622 are to: “1.

Herbert NANTY, Plaintiff-Appellant, v. the BARROWS COMPANY, Formerly Barrows Furniture Company, Defendant-Appellee

660 F.2d 1327 · Court of Appeals for the Ninth Circuit · Dec 28, 1981

The Job Bank clearly reached the same conclusion when it referred Nanty to Barrows. … These circumstances give rise to an inference of unlawful discrimination and established Nanty’s prima facie case. The district court’s finding to the contrary was clearly erroneous.

Joe Wickersham v. State of Washington

694 F. App'x 559 · Court of Appeals for the Ninth Circuit · Jul 24, 2017

Additionally, the Wickershams have failed to identify any clearly established law indicating that, under these facts, Officer Willette violated the law. See id. at 971. … Further, Joe Wickersham has failed to identify any clearly established law indicating that, under these facts, Officer Willette violated the law. See Hells Angels, 402 F.3d at 971.

Proffitt v. County of Santa Barbara

121 F. App'x 684 · Court of Appeals for the Ninth Circuit · Dec 22, 2004

Because we find that no constitutional violation occurred, we need not inquire as to whether Abel is protected by qualified immunity. Saucier v. … Katz, 533 U.S. 194 , 201, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001) ("If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity

United States v. Zlatko Hristov

396 F.3d 1044 · Court of Appeals for the Ninth Circuit · Jan 27, 2005

Congress’s waiver of sovereign immunity is not unduly broadened by permitting amendment, because “[o]nce Congress waives sovereign immunity,” equitable civil procedure rules, such as relation back or equitable tolling, “should … However, the opinion clearly states that it does not address whether relation back applies to a motion lacking the required "show[ings].” Id. at 1869 n. 7.

Quincy Sims v. M. Biter

645 F. App'x 555 · Court of Appeals for the Ninth Circuit · Mar 23, 2016

dismissal on the basis of qualified immunity. Nelson v. Heiss, 271 F.3d 891, 893 (9th Cir. 2001). We affirm. … Ct. 2074, 2080, 2083 (2011) (discussing qualified immunity and noting that a right is clearly established only if “every reasonable official would have understood that what he is doing violates that right” (citation and

Houston v. Reeves

Court of Appeals for the Ninth Circuit · Mar 10, 2026

The district court held that the officers were not entitled to qualified immunity on this claim. We review a denial of qualified immunity de novo. Villanueva v. … established.”

United States v. Donald Elroy Goodrich, United States of America v. Rex Lefevre

493 F.2d 390 · Court of Appeals for the Ninth Circuit · Mar 8, 1974

The judge instructed the jury in pertinent part that “The proof need not establish with certainty the exact date of the alleged offense. … Since such a result cannot be here disturbed unless it is shown to be clearly contrary to any substantial evidence (United States v. DePalma, 414 F.2d 394 (9th Cir. 1969) the Judgment is affirmed. 1 .

In Re: Klamath Irrigation District v. Usdc-Orm

69 F.4th 934 · Court of Appeals for the Ninth Circuit · Jun 5, 2023

A requirement for obtaining mandamus relief is a determination by us that the district court’s order was clearly erroneous as a matter of law. We conclude that the district court’s order was not clearly erroneous. … Such an in rem “procedure established by the state . . . is binding upon the federal courts.” Arndt, 134 U.S. at 321.

Howard v. Gittere

Court of Appeals for the Ninth Circuit · Jun 2, 2025

Further, “[q]ualified immunity shields government officials under § 1983 unless . . . the unlawfulness of their conduct was clearly established at the time.” Rico v. … California, 83 F.4th 754, 765 (9th Cir. 2023) (holding that dismissal based on qualified immunity is appropriate only where “we can determine, based on the complaint itself, that qualified immunity applies”).

Michael Apelt v. Charles Ryan

878 F.3d 800 · Court of Appeals for the Ninth Circuit · Dec 28, 2017

It noted that the Supreme Court in Atkins expressly permitted states to establish their own procedures for determining intellectual disability, and, thus, “there is no clearly established federal law setting a burden of proof … Habeas relief was granted not for a failure to follow clearly established federal law, 28 U.S.C. § 2254(d)(1), but because, applying clearly established federal law, the determination that Villarreal was not ineffective under

Logan Volpicelli v. United States

777 F.3d 1042 · Court of Appeals for the Ninth Circuit · Jan 30, 2015

As a three-judge panel, we are bound by those decisions unless they’re “clearly irreconcilable” with intervening higher authority. Miller v. Gammie, 335 F.3d 889, 893 (9th Cir. 2003) (en banc). … The limitations period it establishes is purely procedural and has no substantive impact on the amount of recovery. And § 6532(c) does not contain numerous exceptions, as does § 6511.

Zavala v. Parks

124 F. App'x 527 · Court of Appeals for the Ninth Circuit · Feb 24, 2005

Because we conclude that Lewis’s use of force did not violate Zavala’s constitutional rights, we need not consider whether Lewis was entitled to qualified immunity. See Saucier v. … Katz, 533 U.S. 194 , 201, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001) ("If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity

William R. And Lorna E. Hall v. Commissioner of Internal Revenue

729 F.2d 632 · Court of Appeals for the Ninth Circuit · Mar 30, 1984

The evidence presented below established that the CUB served almost exclusively to funnel a rental allowance to its officers. … The Tax Court’s conclusion that the CUB does not qualify for a section 170 exemption is not clearly erroneous. II. THE TAX COURT DID NOT ABUSE ITS DISCRETION BY IMPROPERLY EXCLUDING EVIDENCE.

Breiner v. Nevada Department of Corrections

610 F.3d 1202 · Court of Appeals for the Ninth Circuit · Jul 8, 2010

Waters, 438 U.S. 567, 579 (1978) (“A racially bal- anced work force cannot immunize an employer from liability for specific acts of discrimination.”). … However, the NIC report’s recommendation as to “supervision” clearly refers to the supervi- sion of inmates by guards, not of guards by management employees.

Deen v. Corning City

66 F. App'x 675 · Court of Appeals for the Ninth Circuit · May 7, 2003

The district court did not err in concluding that Officer Jellison was entitled to qualified immunity. … Deen failed to “establish both a substantial showing of the deliberate falsity or reckless disregard of the truth of the statements in [Jellison’s report and affidavit] and the materiality of *676 those statements to the

John Wesley Clutchette v. Raymond J. Procunier

497 F.2d 809 · Court of Appeals for the Ninth Circuit · Jul 29, 1974

Given scarce resources throughout the criminal justice system, it is obvious that some priorities must be established.” … Baxter, supra), in which case use immunity follows as a necessary consequence of the compelled disclosures. (Garrity v. New Jersey, supra.)