Case law

Deon Wade v. Fresno Police Department

529 F. App'x 840 · Court of Appeals for the Ninth Circuit · Jun 20, 2013

The district court properly granted summary judgment on the basis of qualified immunity because Wade failed to show that at the time of his arrest, the law was clearly established that a reasonable officer in defendants … Callahan, 555 U.S. 223, 232 (2009) (defendants are entitled to qualified immunity where there is no violation of plaintiff’s constitutional right or the right at issue was not “clearly established”); Norwood v.

Maria Vasquez v. City of San Jose

Court of Appeals for the Ninth Circuit · Feb 6, 2024

Qualified immunity protects officers sued under 42 U.S.C. § 1983 from suit “unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was clearly established at the … City of Murrieta, 978 F.3d 1150 (9th Cir. 2020), we do not consider them as relevant to the analysis of the “clearly established” prong of the qualified immunity test.

Gary Willis v. Joseph Mullins

658 F. App'x 852 · Court of Appeals for the Ninth Circuit · Aug 1, 2016

Under Impink , a reasonable jury could conclude that Kathleen Moye’s consent was ineffective, and that defendants’ subsequent search of Willis’ briefcase violated clearly established Fourth Amendment law. … Willis does not preclude defendants from seeking qualified immunity in this case.

Gaye Levy AYON, Plaintiff-Appellant, v. Arthur F. SAMPSON, Administrator, General Services Administration, Defendant-Appellee

547 F.2d 446 · Court of Appeals for the Ninth Circuit · Oct 18, 1976

Discrimination Appellant argues, essentially, that where an agency, in the employment context, must choose between a qualified man and a qualified woman, the affirmative action policy established by Executive Order 11478 … Henry, one of the male applicants, was clearly the most qualified of the three.

Ablamis v. Roper

937 F.2d 1450 · Court of Appeals for the Ninth Circuit · Jul 3, 1991

Two of the three categories of excepted payments — child support and alimony — clearly are not testamentary in nature. … She is clearly wrong.

Gerard v. United States

167 F.2d 951 · Court of Appeals for the Ninth Circuit · Apr 15, 1948

This is an appeal from a judgment dismissing the complaint of two Blackfeet Indians seeking to establish title to land held by them under trust patents issued to them on land previously allotted to them. … The language of the statutes clearly provides the jurisdiction here claimed. There is not the doubt invoking the obligation to construe them favorably to the Indians.

E. Sanchez v. William Bratton

442 F. App'x 256 · Court of Appeals for the Ninth Circuit · Jul 7, 2011

On the qualified immunity determinations made by the district court, we affirm on the basis of this Court’s en banc decision in Motley, which resolved a qualified immunity claim in favor of law enforcement defendants on … Likewise, the district court took accurate account of the state of suspicionless search law in December 2003 when concluding that defendants did not violate any clearly established right of plaintiffs.

Daniel DILLEY, Plaintiff-Appellee, v. Bryan S. GUNN, Warden; Norma Wells; Sgt. Butler; B. Schelke, Defendants-Appellants

64 F.3d 1365 · Court of Appeals for the Ninth Circuit · Sep 8, 1995

The district court did not, however, award damages to Dilley, because it held that the defendants enjoyed qualified immunity. See Wood v. … Strickland, 420 U.S. 308 , 315 n. 6, 95 S.Ct. 992 , 997 n. 6 (1975) ("immunity from damages does not ordinarily bar equitable relief as well”). Dil-ley does not appeal this ruling. .

Emily Nanouk v. United States

974 F.3d 941 · Court of Appeals for the Ninth Circuit · Sep 4, 2020

However, she fails to develop any argument explaining why that provision qualifies as a mandatory and specific directive relevant here. … Established in 1983, this policy was known as the Defense Environmental Restoration Program (DERP).

Chudacoff v. University Medical Center of Southern Nevada

649 F.3d 1143 · Court of Appeals for the Ninth Circuit · Jun 9, 2011

The court further held that defendants failed to comply with 42 U.S.C. § 11112 (a) and therefore were not entitled to HCQIA immunity. Id. at 1176-77 . … The district court denied defendants’ motion to reconsider, and defendants appealed the issue of HCQIA immunity only.

Robin Hall v. Debra Maioho-Pohina

Court of Appeals for the Ninth Circuit · May 3, 2023

Thus, just as with other interlocutory appeals of district courts’ denials of qualified immunity, we are permitted to resolve this appeal at this time. 3 enjoys qualified immunity … , the court asks, in the order it chooses, (i) whether the alleged misconduct violated a constitutional right and (ii) whether the right was clearly established at the time of the alleged misconduct.”

United States of America, and State of California, Ex Rel. California Department of Health Services Hazardous Substance Account and Hazardous Cleanup Fund v. Shell Oil Company Union Oil Company of California Atlantic Richfield Company Texaco, Inc. Los Coyotes Estates Ramparts Research & Financial Corporation, United States of America State of California, Ex Rel. California Department of Health Services Hazardous Substance Account and Hazardous Cleanup Fund v. Shell Oil Company Union Oil Company of California Atlantic Richfield Company Texaco, Inc., and Los Coyotes Estates Ramparts Research & Financial Corporation

281 F.3d 812 · Court of Appeals for the Ninth Circuit · Feb 11, 2002

In 1942, President Roosevelt established several agencies to oversee wartime production. … That is, the waiver of sovereign immunity is coextensive with the scope of liability under 42 U.S.C. § 9607 , but the United States is liable under that section only when it qualifies as an owner or operator of a facility

United States v. Smith

Court of Appeals for the Ninth Circuit · Apr 26, 2005

[7] In determining that this record clearly established the elements of generic burglary, the district court reasoned that the factual basis for the charge, as set forth by the prosecutor at the change of plea hearing … We have “interpreted Tay- lor’s edict to include examination of ‘documentation or judi- cially noticeable facts that clearly establish that the conviction is a predicate conviction for enhancement purposes[,] such as the

Ilai Koonwaiyou v. Antony Blinken

69 F.4th 1004 · Court of Appeals for the Ninth Circuit · Jun 7, 2023

The uncodified section clearly states that “persons born before, on, or after the date of the enactment of this Act” qualify for national status under § 1408(4). § 15(b), 100 Stat. at 843. … Indeed, if anything, the limited legislative history supports our view that Congress aimed to establish equal status for all American Samoans who qualify for non-citizen national status under § 1408.

James Huntsman v. Corporation of the President

127 F.4th 784 · Court of Appeals for the Ninth Circuit · Jan 31, 2025

President Hinckley qualified the assertion that tithing funds would not be used by noting that earnings on invested reserve funds would be used. … Take sovereign immunity—another structural limit on our court’s power.

Meyerson v. Arizona

709 F.2d 1235 · Court of Appeals for the Ninth Circuit · May 9, 1983

Clearly the statute was intended to benefit handicapped persons. … Since we conclude that Meyerson fails to establish that the research grants had a primary purpose to *1238 provide employment, we need not consider the nature of the nexus requirement or whether it was established by Meyerson

Professional & Executive Leasing, Inc., an Idaho Corporation, Petitioner v. Commissioner Internal Revenue Service

862 F.2d 751 · Court of Appeals for the Ninth Circuit · Dec 6, 1988

PEL’s control over the workers was not sufficient to establish an employment relationship even under the lower standard applicable to professionals. … In light of these facts, the tax court’s determination that the workers were not PEL’s employees was not clearly erroneous. AFFIRMED.

California Home Brands, Inc. And Pan Pacific Fisheries v. Danny Ferreira

871 F.2d 830 · Court of Appeals for the Ninth Circuit · Mar 28, 1989

Appellant’s conclusion that these cases establish a right to contribution in all cases except where the indemnitor is expressly immunized is too sweeping. … While it is reasonable to look for an express immunization where the defendant’s liability was clearly established prior to the statute, the lack of an immunizing provision should not be considered proof that Congress intended

United States v. Michael Paris

827 F.2d 395 · Court of Appeals for the Ninth Circuit · Sep 4, 1987

Findings of fact with respect to the foundational requirements for admission of co-conspirator statements, we have held, are subject to a clearly erroneous standard of review. See United States v. … Paris, however, did not establish that DePalm "had unconditionally agreed to testify." United States v. Hoyos, 573 F.2d 1111, 1114 (9th Cir. 1978).

The Times Mirror Company and the Copley Press, Inc. v. United States of America, Real Party in Interest-Appellee. The Times Mirror Company the Copley Press, Inc. v. United States District Court for the Central District of California United States District Court for the Southern District of California, United States of America Doe Parties, Real Parties in Interest. The Times Mirror Company the Copley Press, Inc. v. United States of America, Real Party in Interest-Appellee. Channel 39, Kcst-Tv v. United States

873 F.2d 1210 · Court of Appeals for the Ninth Circuit · Jul 24, 1989

To establish probable cause for the warrants, the agents submitted detailed affidavits. … This means that the clearly predictable injuries to the reputations of the named individuals is [sic] likely to be irreparable. 26 776 F.2d at 1113-14 .