Case law

Margaret Spaulding, and James Bush, Intervenors-Appellants v. University of Washington

740 F.2d 686 · Court of Appeals for the Ninth Circuit · Nov 26, 1984

Our past cases have not been consistent on whether our review of the lower court’s ultimate finding regarding establishment of a prima facie case is de novo or under a clearly erroneous standard. … We fail to see how this qualifies as a facially neutral policy, even if it were proved.

Alan Van Orden v. Heath Downs

609 F. App'x 474 · Court of Appeals for the Ninth Circuit · Jul 8, 2015

Defendants Heath Downs and Judy Long (together, “Appellants”) appeal from the district court’s denial of their motion for summary judgment on the ground of qualified immunity. … In this appeal, Appellants contend that they are immune from suit under the doctrine of qualified immunity because the law at issue was not “clearly established” at the time of

Richard C. Hughes Joan C. Hughes v. United States of America Commissioner of Internal Revenue, Richard C. Hughes Joan C. Hughes v. Commissioner of Irs United States of America Steven R. High Lena High United Savings Bank

953 F.2d 531 · Court of Appeals for the Ninth Circuit · Jan 9, 1992

The district court's factual findings on jurisdictional issues must be accepted unless clearly erroneous. Stock West, Inc. v. Confederated Tribes of the Colville Reservation, 873 F.2d 1221, 1225 (9th Cir.1989). … First, the claim of mere financial hardship does not establish irreparable harm.

New Alaska Development Corporation, a New York Corporation v. Bernd C. Guetschow, New Alaska Development Corporation, a New York Corporation, and J. Glen Cassity, Stockholder Individually v. Bernd C. Guetschow, New Alaska Development Corporation, a New York Corporation v. Ralph E. Moody, Personally and State of Alaska, New Alaska Development Corporation, a New York Corporation, and J. Glen Cassity, Stockholder Individually v. Ralph E. Moody, Personally and State of Alaska

869 F.2d 1298 · Court of Appeals for the Ninth Circuit · Mar 9, 1989

Coe, 728 F.2d 97, 103 (2d Cir.1984) (prosecutor's extraneous statements to the press entitled only to qualified good faith immunity); Marrero v. … The factual findings upon which a district court bases an award of sanctions are reviewable under a clearly erroneous standard." United States v.

Helen T. Steel (Muff) v. United States of America and Dean E. Steel

813 F.2d 1545 · Court of Appeals for the Ninth Circuit · Apr 7, 1987

This provision is clearly inapplicable to the case at hand. … This waiver does not extend, however, to immunity from suit.

Rockbridge v. Lincoln

449 F.2d 567 · Court of Appeals for the Ninth Circuit · Sep 1, 1971

Such regulation, while of doubtful propriety under Sec. 261, is clearly authorized by Sec. 262. 43 A second possible interpretation of this provision is that Congress intended to limit the Commissioner's discretion in rule … This was clearly the view of Congress in enacting the Administrative Procedure Act, since it provides that a reviewing court should "compel agency action unlawfully withheld". 5 U.S.C.

Raizel Blumberger v. Ian Tilley

115 F. 4th 1113 · Court of Appeals for the Ninth Circuit · Sep 9, 2024

The immunity for deemed PHS employees is identical to the immunity for true PHS employees. See id. § 233(g)(1)(A). … And the complaint clearly states that Blumberger’s cause of action arose out of conduct that is medical or surgical in nature, alleging that Dr.

Nelson v. Hoffman

58 F. App'x 758 · Court of Appeals for the Ninth Circuit · Mar 18, 2003

The district court properly found that D’Amico was entitled to qualified immunity because the evidence, viewed in the light most favorable to Nelson, did not show that D’Amico violated Nelson’s constitutional rights by delaying … McIntosh, 90 F.3d 330, 332 (9th Cir.1996) (concluding that a difference of opinion regarding medical treatment is insufficient to establish deliberate indifference).

Mt. Hood Stages, Inc., Dba Pacific Trailways v. The Greyhound Corporation and Greyhound Lines, Inc.

555 F.2d 687 · Court of Appeals for the Ninth Circuit · Jun 9, 1977

Greyhound does not deny the sufficiency of the evidence to establish a violation of sections 1 and 2 of the Sherman Act, assuming that statute applies. Its principal contention is that Mt. … established.

Sisseton-Wahpeton Sioux Tribe v. United States

895 F.2d 588 · Court of Appeals for the Ninth Circuit · Feb 2, 1990

Because 28 U.S.C. § 2401 is a condition of the waiver of sovereign immunity, courts are reluctant to interpret the statute of limitations in a manner that extends the waiver beyond that which Congress clearly intended. … Here, where the claim essentially pits one group of Indians against another, and the government’s actions were clearly visible, there is no basis for such tolling.

Felix Valdez v. United States

56 F.3d 1177 · Court of Appeals for the Ninth Circuit · Jun 8, 1995

DISCUSSION A party may bring an action against the United States only to the extent that the government waives its sovereign immunity. United States v. … Here, the challenged conduct clearly implicates a choice between the competing policy considerations of maximizing access to and preservation of natural resources versus the need to minimize potential safety hazards.

Victor S. SAKELLAR, Plaintiff-Appellant, v. LOCKHEED MISSILES AND SPACE CO., Defendant-Appellee

765 F.2d 1453 · Court of Appeals for the Ninth Circuit · Jul 19, 1985

Lockheed then presented evidence that Sakellar was not qualified for the Product Assurance Engineer positions, and that other applicants were better qualified for those positions. Mrs. … Therefore, the district court’s conclusion that Sakellar failed to show discriminatory impact was not clearly erroneous. Peters v. Lieuallen, 746 F.2d at 1392 .

Ann Garcia v. Salvation Army

918 F.3d 997 · Court of Appeals for the Ninth Circuit · Mar 18, 2019

Although we construe the ROE narrowly, often the organization seeking the exemption is “clearly” religious. Id. at 618. This is such a case. See, e.g., Rev. … SALVATION ARMY 9 and to meet human needs in His name without discrimination. 10 The record establishes that, as a church, the Salvation Army is “clearly” religious.

Townsend v. University of Alaska

543 F.3d 478 · Court of Appeals for the Ninth Circuit · Sep 5, 2008

422 U.S. 66, 78 , 95 S.Ct. 2080 , 45 L.Ed.2d 26 (1975) (internal quotation marks and citations omitted). *487 The first factor weighs in favor of finding an implied cause of action: USERRA clearly creates federal rights for … It is "firmly established ... that the absence of a valid (as opposed to arguable) cause of action does not implicate subject-matter jurisdiction” under 28 U.S.C. § 1331 . Steel Co. v.

United States v. Thomas O. Hunsucker and Eva Newman Hunsucker

314 F.2d 98 · Court of Appeals for the Ninth Circuit · Dec 13, 1962

There is ample evidence to support the district court’s findings of negligence and resultant damage, and we therefore cannot set them aside as being clearly erroneous. … Neither should it as a self-constituted guardian of the Treasury import immunity back into a statute designed to limit it.”

Elise Brown v. County of San Bernardino

Court of Appeals for the Ninth Circuit · Feb 7, 2023

a clearly established right. … the arrest such that the arresting officer is entitled to qualified immunity.”

Hernandez v. Denton

929 F.2d 1374 · Court of Appeals for the Ninth Circuit · Nov 21, 1990

I have previously observed that “[irrespective of the outcome of this litigation, it must be acknowledged that Hernandez has established a world record capable of qualifying for the Guiness Book of Records: the only person … Examples of the former class are claims against which it is clear that the defendants are immune from suit, see, e.g. Williams v.

Cannon v. United States

Court of Appeals for the Ninth Circuit · Jun 29, 2026

First, it may establish that the property is contraband. Id. Second, it may establish that the property is subject to forfeiture. Id. … Cannon did not present enough evidence to establish a genuine issue of material fact as to his lawful possession of the $218,200.

Katie John v. United States

247 F.3d 1032 · Court of Appeals for the Ninth Circuit · May 7, 2001

The agency possesses no expertise, however, that qualifies it to determine whether the rural subsistence priority applies to navigable waters. … Conclusion. 57 We would affirm the decision of the district court on the broader ground that, in a proper exercise of its Commerce Clause powers, Congress clearly established a subsistence priority that applies to all navigable

Staff Sergeant Agustin Correa v. Honorable William Graham Clayton, Jr., Secretary of the Navy

563 F.2d 396 · Court of Appeals for the Ninth Circuit · Oct 19, 1977

Although the Constitution clearly provides servicemen some protection from arbitrary or unfair administrative discharges, Covington v. Anderson, 487 F.2d 660, 664 (9th Cir. 1973); Arnheiter v. … Georgia-Pacific Co., 421 F.2d 92 (9th Cir. 1970) (Government not immune when seeking specific performance of contract); Dana Corp. v.