Case law
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Paris Holloway v. Bartman Horn
Court of Appeals for the Ninth Circuit · Sep 2, 2021
judgment on qualified immunity. Taking the facts in the light most favorable to Holloway, there is sufficient evidence to show a violation of his clearly established Fourth Amendment rights. … As to the second, clearly established law prong of qualified immunity, this Court recently held that it was clearly established law in September 2013 that “an officer may not shoot a previously armed person who no longer
Cited 0 timesUnpublishedA-1 Ambulance Service, Inc. v. County of Monterey
90 F.3d 333 · Court of Appeals for the Ninth Circuit · May 7, 1996
TROTT, Circuit Judge: In this case we hold that, under the state action antitrust immunity doctrine, Emergency Medical Service (EMS) agencies in California may establish exclusive operating areas for Advanced Life Support … To meet the “clearly articulated” requirement it is not necessary for the state to expressly permit the displacement of competition.
Cited 9 timesPublished250 F.3d 668 · Court of Appeals for the Ninth Circuit · May 4, 2001
Assuming these allegations are true, they are clearly sufficient to establish that defendants violated Kerry Sanders's "liberty interest in being free from incarceration" absent probable cause for his arrest. … The allegations of facts must be specific and concrete enough to enable the defendants to prepare a response, and where appropriate, a motion for summary judgment based on qualified immunity. Id. at 452.
Overruled on other grounds by Galbraith v. County Of Santa Clara, 307 F.3d 1119 (2002)Cited 2,437 timesPublished851 F.3d 910 · Court of Appeals for the Ninth Circuit · Mar 14, 2017
Secret Serv., 572 F.3d 962, 969 (9th Cir. 2009) (internal quotation 23 Thompson contends that she is entitled to qualified immunity. … The district court declined to address Thompson’s qualified immunity argument because it dismissed both of Park’s causes of action for other reasons.
Cited 328 timesPublishedHerbert Ray Hall v. American National Red Cross, a Federal Corporation
86 F.3d 919 · Court of Appeals for the Ninth Circuit · Jun 18, 1996
Clearly, congressional creation of the Red Cross furthered government objectives. However, the second prong of the Lebrón test is not satisfied in this case. … Absent such participation or coercion, Hall has not established the requisite federal action even if, as Hall alleges, the HIV/AIDS education program is at least partially government funded. See Blum v.
Cited 21 timesPublishedNorthrop Corp. v. McDonnell Douglas Corp.
705 F.2d 1030 · Court of Appeals for the Ninth Circuit · Feb 28, 1983
Timberlane is clearly the more analogous decision. … Clearly, the United States would not be indispensable to such litigation.
Cited 195 timesPublished983 F.3d 1099 · Court of Appeals for the Ninth Circuit · Dec 21, 2020
The Board also determined that the IJ clearly erred in her decision that Nguyen had established a well- founded fear of future persecution because there was no evidence that prior users “with old conviction records are similarly … The Board held that the IJ clearly erred in her findings and reversed the grant of Nguyen’s applications.
Cited 93 timesPublished161 F.3d 593 · Court of Appeals for the Ninth Circuit · Dec 1, 1998
The Plan, which he established in 1985, contains a valid anti-alienation provision, i.e., a restriction on the transfer of Watson’s beneficial interest, and qualifies for favorable tax treatment by the Internal Revenue Service … Shumate, 504 U.S. 753 , 112 S.Ct. 2242 , 119 L.Ed.2d 519 (1992) (holding that Bankruptcy Code and ERISA establish that the anti-alienation provision in qualified pension plan constitutes restriction on transfer enforceable
Cited 32 timesPublished439 F.2d 435 · Court of Appeals for the Ninth Circuit · Mar 19, 1971
tax and to assert the constitutional immunity of the United States from taxation by the state. … King & Boozer, 314 U.S. 1 , 62 S.Ct. 43 , 86 L.Ed. 3 (1941), said that the issue was clearly one of federal law — “the duty rests on this Court to decide for itself facts or constructions upon which federal constitutional
Cited 29 timesPublishedGraham v. Teledyne-Continental Motors
805 F.2d 1386 · Court of Appeals for the Ninth Circuit · Feb 11, 1987
Establishing one would tend to exclude the other. … Appellant contends this finding was clearly erroneous. Given our ruling, we need not reach this issue 8 There is some doubt on this score. Compare Duke Power Co. v. Carolina Envtl.
Cited 9 timesPublished598 F.3d 558 · Court of Appeals for the Ninth Circuit · Mar 10, 2010
Primiano’s burden was to establish a defect in the manufacture of the artificial elbow. … qualified to render the opinion: If scientific, technical, or other specialized knowl- edge will assist the trier of fact to understand the evi- dence or to determine a fact in issue, a witness qualified
Cited 570 timesPublishedWestside Property Owners v. Schlesinger
597 F.2d 1214 · Court of Appeals for the Ninth Circuit · May 7, 1979
This finding is not clearly erroneous. See Fed.R.Civ.P. 52(a). C. … They have not shown, however, that the district court’s findings were clearly erroneous. Fed.R.Civ.P. 52(a).
Cited 34 timesPublished872 F.2d 862 · Court of Appeals for the Ninth Circuit · Apr 12, 1989
Alternatively, the district court ruled that the Board members were entitled to qualified immunity because plaintiffs had not shown that the Board violated clearly established constitutional rights of which a reasonable person … The district court concluded that the Board members were entitled to absolute immunity. Alternatively, the court held that the Board members were entitled to qualified immunity on the civil rights claims.
Cited 0 timesPublishedIn Re National SEC. Agency Telecommunications
671 F.3d 881 · Court of Appeals for the Ninth Circuit · Dec 29, 2011
The Supreme Court has “almost never felt qualified to second- guess Congress regarding the permissible degree of policy judgment that can be left to those executing or applying the law.” … Zurko, 527 U.S. 150, 152-61 (1999) (rejecting clearly erroneous standard and reaffirming substantial evidence stan- dard of review for agency findings); Universal Camera Corp. v.
Cited 8 timesPublished282 F. App'x 595 · Court of Appeals for the Ninth Circuit · Jun 13, 2008
DISCUSSION The FTCA waives the government’s immunity for tort claims arising out of the negligent conduct of government employees acting within the scope of their employment. Terbush v. … Steward failed to establish the requisite elements for his claim of civil conspiracy. See Klistoff v. Superior Court, 157 Cal.App.4th 469 , 68 Cal.Rptr.3d 704, 712 (2007) (listing elements).
Cited 1 timesPublished506 F.3d 688 · Court of Appeals for the Ninth Circuit · Oct 9, 2007
Under the modified categorical approach we examine “ ‘documentation or judicially noticeable facts that clearly establish that the conviction is a predicate conviction’ ” for removal purposes. Id. … “As we have noted repeatedly, the 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.
Cited 58 timesPublishedPhillips v. E.I. DuPont De Nemours & Co.
497 F.3d 1005 · Court of Appeals for the Ninth Circuit · Aug 14, 2007
“[It] has never been read to immunize the discretionary acts of those who perform service contracts for the Government”). … While this issue presents a close question, we conclude that Defendants do not qualify for the exception.
Cited 6 timesPublished594 F.2d 181 · Court of Appeals for the Ninth Circuit · Apr 16, 1979
Appellees suggest that default approval immunizes Douglas County's issuance from such review. … This failure should not provide the immunity from review that full de novo review and dual majority approval by the TRPA might.
Cited 1 timesPublishedUnited States v. James Guerrero
693 F.3d 990 · Court of Appeals for the Ninth Circuit · Aug 31, 2012
As the experience and *1002 logic factors are both met, the district court did not clearly err in finding a qualified First Amendment right of access to mental competency hearings. 3. … This holding is not clearly erroneous. a.
Cited 25 timesPublishedLos Angeles Branch Naacp v. Los Angeles Unified School District
714 F.2d 946 · Court of Appeals for the Ninth Circuit · Sep 1, 1983
... only when the statute or its legislative history clearly indicates a Congressional intention to abrogate that immunity." … Thus, the Equal Educational Opportunities Act clearly authorizes desegregation suits against state educational agencies. See, e.g., United States v.
Cited 2 timesPublished
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