Case law

Paul Gilbrook Michael Garrison Don Herr Hal Raphael Dana Bowler Joe Wilson, Davis, Reno & Courtney, Plaintiff-Intervenor-Appellee v. City of Westminster Charles v. Smith Craig Schweisinger Tony Lam Don S. Anderson John T. Demonaco Brian Mayhew, Paul Gilbrook Michael Garrison Don Herr Hal Raphael Dana Bowler Westminster Fire Fighters Association, Local 2425 Joe Wilson International Association of Fire Fighters, Afl-Cio, Davis, Reno & Courtney, Plaintiff-Intervenor-Appellee v. City of Westminster Charles v. Smith Craig Schweisinger Tony Lam Don S. Anderson John T. Demonaco Brian Mayhew, Paul Gilbrook Michael Garrison Don Herr Hal Raphael Dana Bowler Westminster Fire Fighters Association, Local 2425 International Association of Fire Fighters, Afl-Cio Joe Wilson, Davis, Reno & Courtney, Plaintiff-Intervenor-Appellee v. City of Westminster Charles v. Smith Craig Schweisinger Tony Lam Don S. Anderson John T. Demonaco Brian Mayhew

177 F.3d 839 · Court of Appeals for the Ninth Circuit · May 21, 1999

Servs., 144 F.3d 1218, 1219 (9th Cir.1998) (so stating as to qualified immunity). … to preclude qualified immunity."

Niva v. United States Bureau of Land Management

245 F. App'x 621 · Court of Appeals for the Ninth Circuit · Aug 15, 2007

MEMORANDUM * Eric Austin Niva argues that the district court clearly erred in concluding that the United States Bureau of Land Management (BLM) is entitled to recreational use immunity under Cal. Civil Code § 846 . … We therefore hold that the district court clearly erred in concluding that the BLM is entitled .to recreational use immunity.

Michael Costa v. the County of Ventura

680 F. App'x 545 · Court of Appeals for the Ninth Circuit · Feb 22, 2017

The district court abused its discretion by denying all discovery after the defendants’ assertion of qualified immunity. … Here, the Estate alleged the violation of a clearly established right under 42 U.S.C. § 1983, namely the excessive force allegedly used by an officer, who the Estate claims shot Costa while Costa was immobilized by the

United States v. Abdelkader Helmy, United States of America v. James E. Huffman

951 F.2d 988 · Court of Appeals for the Ninth Circuit · Jan 21, 1992

Other conspirators were arrested and then released on grounds of diplomatic immunity. 4 . … We do not reach and do not decide whether any of Huffman’s unindicted co-conspirators or any of the individuals shielded from prosecution by diplomatic immunity qualify as criminally responsible within the meaning of § 3B1.1

Riana Buffin v. City & County of San Francisco

23 F.4th 951 · Court of Appeals for the Ninth Circuit · Jan 13, 2022

“The holding of Hutto, therefore, was not just that Congress had spoken sufficiently clearly to overcome Eleventh Amendment immunity in enacting § 1988, but rather that the Eleventh Amendment did not apply to an award of … Despite the State’s protest, no further factual information was necessary to establish that the Sheriff acted as an agent of the State.

Portillo v. Johnson

94 F. App'x 457 · Court of Appeals for the Ninth Circuit · Mar 15, 2004

McIntosh, 90 F.3d 330, 332 (9th Cir. 1996) (a prisoner can establish deliberate indifference by showing that a delay in treatment was “medically unacceptable”); Lopez v. … We decline to consider whether defendants are entitled to qualified immunity because defendants did not raise this issue below. See Underwood Cotton Co. v.

The Hopi Tribe, Plaintiff-Appellee-Cross-Appellant v. The Navajo Tribe, Defendants-Appellants-Cross-Appellees v. United States of America

46 F.3d 908 · Court of Appeals for the Ninth Circuit · Jan 30, 1995

In contrast with the ill-directed letter of February 15, this notice clearly and promptly achieved its intended purpose. … Moreover, prejudgment interest is a well-established remedy in this circuit. See, e.g., Home Savings Bank, F.S.B. v. Gillam, 952 F.2d 1152, 1161 (9th Cir.1991); U.S.

United States v. William G. Le Pera

443 F.2d 810 · Court of Appeals for the Ninth Circuit · Jul 20, 1971

Furthermore, since the witnesses in question were all granted immunity, there is no possible violation of their privilege, and, therefore, Le Pera cannot complain, whether he has “standing” or not. … This evidence, together with other evidence brought out at the time of the trial, we think clearly establishes a proper foundation for the admissibility of the counterfeit notes.

Oquendo v. Las Vegas Metropolitan Police Department

611 F. App'x 474 · Court of Appeals for the Ninth Circuit · Aug 6, 2015

Harris, 550 U.S. 372, 380–81 (2007)), Oquendo has demonstrated that Colling violated her son’s clearly established constitutional right to be free from excessive force. See Kennedy v. … The district court erred when it denied Colling’s and the Department’s motion for summary judgment on qualified immunity grounds.

Solis v. Washington

656 F.3d 1079 · Court of Appeals for the Ninth Circuit · Sep 9, 2011

qualify … Although DSHS did plead the defense of sovereign immunity in its amended answer, it never litigated the issue before the district court.

Alvarez-Machain v. United States

331 F.3d 604 · Court of Appeals for the Ninth Circuit · Jun 3, 2003

In Alvarez-Machain III, we also affirmed the district court’s dismissal of the constitutional claims arising out of harms suffered by Alvarez in Mexico, the denial of the DEA agents’ defense based on qualified immunity, and … The powers of customs officials on the high seas have likewise been clearly articulated.

Comcast of Sacramento I, LLC v. Sacramento Metropolitan Cable

923 F.3d 1163 · Court of Appeals for the Ninth Circuit · May 8, 2019

This inability to enter that market resulted, in part, from a number of traditional cable companies being well established in California. … Both in Jones and Coplin, the lawsuit at issue clearly and obviously arose from or concerned cable regulation.

United States v. Violet Josephine Feldman, United States of America v. Irving Hyman

535 F.2d 1175 · Court of Appeals for the Ninth Circuit · Jun 23, 1976

Agent Cross and of defendant and accomplice Zambros, who was granted immunity. … Defendants contend that the statement in the affidavits that the informants had stated they would refuse to testify even if granted immunity is legally insufficient.

United Nurses Associations of California v. National Labor Relations Board

871 F.3d 767 · Court of Appeals for the Ninth Circuit · Sep 11, 2017

CVMC also invokes the 2008 and 2010 stipulations in which it and the Union agreed that certain named charge nurses qualified as supervisors. … The reading order here was clearly warranted in light of CVMC’s several unfair labor practices, including its retaliatory firing of a prominent Union supporter.

Kim Clay Oviatt, by and Through His Conservator, Sr. Maria Francis Waugh v. Fred Pearce, Sheriff Multnomah County, Kim Clay Oviatt, by and Through His Conservator, Sr. Maria Francis Waugh v. Fred Pearce, Sheriff Multnomah County

954 F.2d 1470 · Court of Appeals for the Ninth Circuit · Jan 15, 1992

Nevertheless, we believe that an Oregon court faced with this issue would hold that intentional torts are not immune from liability. … (emphasis in original). 49 Defendants also argue that the district court did not clearly instruct the jury regarding the issue of respondeat superior.

United States v. Sideman & Bancroft, LLP

704 F.3d 1197 · Court of Appeals for the Ninth Circuit · Jan 8, 2013

We now consider whether the district court clearly erred in determining that the foregone exception applies here. … The district court’s findings of existence and possession were not clearly erroneous. B.

James L. Smith and Carolyn S. Smith v. Commissioner of Internal Revenue

800 F.2d 930 · Court of Appeals for the Ninth Circuit · Sep 25, 1986

This Court can overturn such findings only on a showing that they are clearly erroneous. Hall v. C.I.R., 729 F.2d at 634 . 1. … Consequently, the Tax Court did not abuse its discretion in barring the evidence, and the finding that taxpayers failed to establish that the local chapter was a qualified organization under 26 U.S.C. section 170 was not

Glenn Leonard v. Collette Peters

Court of Appeals for the Ninth Circuit · Jan 10, 2023

Bruce and Peters are not entitled to qualified immunity. … I respectfully dissent: While the assault was regrettable, I believe that Bruce and Peters are entitled to qualified immunity because there was no clearly established law showing that their conduct was deliberately indifferent

In Re Consolidated United States Atmospheric Testing Litigation, Christina Konizeski v. Livermore Labs, Alice P. Broudy v. United States

820 F.2d 982 · Court of Appeals for the Ninth Circuit · Jun 22, 1987

This case is clearly distinguishable. The discretionary function exception was not raised nor discussed. … Although the probability of an epidemic was never established, the public was strongly urged to submit to immunization with little advice respecting its attendant hazards. R.

Augustus Symonette v. City of North Las Vegas

449 F. App'x 683 · Court of Appeals for the Ninth Circuit · Sep 12, 2011

Even where 2 the plaintiff’s federal rights and the scope of the official’s permissible conduct are clearly established, the qualified immunity defense protects a government actor … Because there was no violation of Symonette’s rights, under either the Fourth or Fourteenth Amendment, the district court properly concluded that the defendant officers were entitled to qualified immunity on the federal