Case law

Lee v. City of Los Angeles

250 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.

Leslie Gilbert v. Trieste Turner

Court of Appeals for the Ninth Circuit · May 3, 2024

The district court denied Turner’s summary judgment motion, concluding that the alleged constitutional violation was clearly established for purposes of qualified immunity, and that there were genuine disputes of material … was clearly established at the time.”

Petersen Ex Rel. L.P. v. Lewis County

697 F. App'x 490 · Court of Appeals for the Ninth Circuit · Sep 22, 2017

Even if McKnight had acted unreasonably, Petersen failed to identify any clearly established law putting McKnight on notice that, under these facts, his conduct was unlawful. See White v. Pauly, 137 S. … The district court therefore correctly granted qualified immunity to McKnight on the excessive force claim.

United States v. Kwan Shun Yue

194 F.2d 225 · Court of Appeals for the Ninth Circuit · Jan 28, 1952

They also clearly show that Congressional enactments supersede treaty provisions inconsistent with them. See Moser v. United States, 1951, 341 U.S. 41 , 71 S.Ct. 553 , 95 L.Ed. 729 ; and Clark v. … (b) Only those entering as immigrants establish formal residence and gain eligibility to citizenship.

Love Korean Church v. Chertoff

549 F.3d 749 · Court of Appeals for the Ninth Circuit · Dec 5, 2008

The AAO next concluded that the position as described in the Church’s weekly work schedule did not qualify as a “religious occupation” under the statute and regulations because: (1) the Church failed to establish that all … The documentation should clearly indicate that the alien will not be solely dependent on supplemental employment or solicitation of funds for support.

Charles Reed v. G. Hammond

Court of Appeals for the Ninth Circuit · Jul 14, 2023

orders denying qualified immunity generally fall within the collateral order doctrine.” … On those contested facts, the district court held that Defendants are not entitled to qualified immunity.

Alaska v. EEOC

564 F.3d 1062 · Court of Appeals for the Ninth Circuit · May 1, 2009

But Dellmuth and Atascadero "do[ ] not preclude congressional elimination of sovereign immunity in statutory text that clearly subjects States to suit for monetary damages, though without explicit reference to state sovereign … appointed, by a person elected to public office in any State or political subdivision of any State by the qualified voters thereof— (1) to be a member of the elected official's personal staff; (2) to serve the elected official

Seven Up Pete Ventur v. Schweitzer

Court of Appeals for the Ninth Circuit · Apr 21, 2008

First English, 482 U.S. at 316 n.9 (“The Solicitor General urges that the prohibitory nature of the Fifth Amendment, combined with principles of sovereign immunity, establishes that the Amendment itself is only a limitation … Thus, reverse condemnation actions cannot qualify as claims for prospective relief, and Ex parte Young consequently does not apply.

Equal Employment Opportunity Commission v. Karuk Tribe Housing Authority, Opinion

260 F.3d 1071 · Court of Appeals for the Ninth Circuit · Aug 13, 2001

Both of those decisions involved parties that were clearly subject to the *1078 federal laws that authorized the administrative investigations. … Thus, it is well established that treaties should be construed liberally in favor of the Indians, with ambiguous provisions interpreted to their benefit....

Community Legal Services in East Palo Alto v. United States Department of Health and Human S

137 F.4th 932 · Court of Appeals for the Ninth Circuit · May 14, 2025

Second, we reject the notion that the injunction’s effect on the “separation of powers” qualifies as irreparable harm at the stay stage. See Washington v. … See 8 U.S.C. § 1232(c)(5) (qualifying the provision of legal services “to the greatest extent practicable”). I would therefore grant the government’s stay motion.

United States of America, Plaintiff-Appellant-Cross-Appellee v. John Boshell, Defendant-Appellee-Cross-Appellant

952 F.2d 1101 · Court of Appeals for the Ninth Circuit · Dec 20, 1991

A verbal acknowledgment that the notes constitute an accurate account of the witness’ interview is sufficient for the report or notes to qualify as a statement under § 3500(e)(1). Campbell v. … Michael Innis Granted pocket immunity Boshell, 728 F.Supp. at 639 .

United States v. Straub

Court of Appeals for the Ninth Circuit · Aug 14, 2008

[Defense]: I would establish the timeframe, Your Honor, by the winter of 2003, which is consistent with the testimony we’ve been hearing about the shooting of Robert Garrett on February 8, 2003. … We began with the acknowledgment that if the prosecu- tion intentionally caused the witness to invoke the Fifth Amendment, the law of our circuit clearly compelled a grant of use immunity: “In the past, our decisions on prosecutorial

Committee for an Independent P-I v. Hearst Corp.

704 F.2d 467 · Court of Appeals for the Ninth Circuit · Apr 21, 1983

This approval provides the agreement with a limited antitrust immunity. … establish that it would be futile to require attempts to sell, either because of an unavailability of qualified purchasers or because it is unlikely that the paper’s condition would be materially improved by the infusion

Jin Soo Lee v. Immigration & Naturalization Service

541 F.2d 1383 · Court of Appeals for the Ninth Circuit · Sep 13, 1976

Within the limits, the regulation leaves to the particular religious order for whom the alien works the establishment of the kind of skills, training and experience that specially qualify the alien for the religious duties … Lee has clearly discharged his burden of establishing his eligibility for adjustment of status.

Oviatt ex rel. Waugh v. Pearce

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

We believe that under Oregon case law, state actors are not immunized for their intentional acts. In Crosby v. … Defendants also argue that the district court did not clearly instruct the jury regarding the issue of respondeat superior.

Lee v. Oregon

107 F.3d 1382 · Court of Appeals for the Ninth Circuit · Apr 16, 1997

The state of Oregon and the attorney general and governor of Oregon were dismissed on Eleventh Amendment immunity grounds. … SECTION 4 IMMUNITIES AND LIABILITIES 115 § 4.01 IMMUNITIES Except as provided in Section 4.02: 116 (1) No person shall be subject to civil or criminal liability or professional disciplinary action for participating in good

Joan Sheehan, Formerly Known as Joan Wycoff v. United States

896 F.2d 1168 · Court of Appeals for the Ninth Circuit · Feb 16, 1990

Under § 2680(h), 2 the United States retains its immunity from suit for certain enumerated intentional torts. … a test for determining whether suit based on particular conduct is barred by one of the exemptions established in § 2680(h).

In Re ROSEMARY RIFINO

245 F.3d 1083 · Court of Appeals for the Ninth Circuit · May 10, 2001

Notes: 1 The district court also dismissed appellee, the University of Washington, finding that sovereign immunity barred Rifino's adversary proceeding. … Because the University of Washington withdrew its sovereign immunity claim on appeal to this court, we instruct the district court to vacate that part of its opinion.

Jirovec v. Lake

24 F.3d 247 · Court of Appeals for the Ninth Circuit · May 18, 1994

Judge Nordquist was clearly performing a judicial act since hearing cases is the essence of the judicial role. See Crooks, 913 F.2d at 700 . … However, when the prosecutor performs functions other than those of an officer of the court, the prosecutor is entitled to qualified immunity only, and not absolute immunity from Sec. 1983 liability.

Castaneda v. Henneford

Court of Appeals for the Ninth Circuit · Oct 1, 2008

Does § 233(a) Expressly Establish the FTCA as a Substitute Remedy for Bivens? … LRTCA contains an exception to immunity not in the pre- LRTCA immunity statute.