Case law

Anthony Penton v. Layton Johnson

Court of Appeals for the Ninth Circuit · Oct 30, 2023

summary judgment on qualified-immunity grounds, and argues that plaintiff Anthony Penton’s rights to access the courts and to receive mail were not clearly established. … Johnson’s conduct violated Penton’s constitutional right to mail and a body of clearly established case law. This violation was so obvious as to preclude qualified immunity. See Wesby, 583 U.S. at 63. 3.

Goodman v. City of Los Angeles Police Department

708 F. App'x 888 · Court of Appeals for the Ninth Circuit · Sep 7, 2017

The district court did not err in granting summary judgment based on qualified immunity to the individual LAPD officer defendants on Goodman’s claims of *890 unlawful arrest and malicious prosecution. … See Ashcroft v. al-Kidd, 563 U.S. 731, 735 , 131 S.Ct. 2074 , 179 L.Ed.2d 1149 (2011) (public officials protected by qualified immunity unless it was “ ‘clearly established’ at the time of the challenged conduct” that their

Taylor v. List

880 F.2d 1040 · Court of Appeals for the Ninth Circuit · Jul 17, 1989

Eleventh Amendment Immunity The district court entered summary judgment in favor of the Nevada Department of Prisons on the basis of Eleventh Amendment immunity. … The Nevada Department of Prisons, as a state agency, clearly was immune from suit under the Eleventh Amendment. Pennhurst State School and Hosp. v.

Fernando Malta-Espinoza v. Alberto R. Gonzales, Attorney General

478 F.3d 1080 · Court of Appeals for the Ninth Circuit · Mar 2, 2007

. *1084 Navidad-Marcos, 367 F.3d 903, 908 (9th Cir.2004) (under modified categorical approach, the government must establish clearly and unequivocally that the conviction was based on all of the elements of a qualifying offense … His plea of guilty should not establish more than would have been established by a jury verdict of guilty on the charge. See id.

Barry M. Hopkins, Husband and Katie M. Hopkins, Wife v. City of Sierra Vista, Arizona, a Body Politic, and Steven Gerhardt

931 F.2d 524 · Court of Appeals for the Ninth Circuit · May 2, 1991

Where there is probable cause to believe someone is being beaten, there clearly are exigent circumstances justifying immediate entry. … Although defendants suggest that we affirm the summary judgment on the grounds of qualified immunity and deliberate indifference to constitutional rights, those questions were not ruled on by the district court and we refuse

Aloe Vera of America, Inc. v. United States

574 F.3d 1176 · Court of Appeals for the Ninth Circuit · Jul 30, 2009

The remainder of section 7431, however, limits the scope of that general waiver of immunity. … By including this phrase, Congress clearly signaled that the statute of limitations is absolute. Nevertheless, Aloe Vera argues that our decision in Cedars-Sinai Medical Center v.

United States v. James Earl Matthews

278 F.3d 880 · Court of Appeals for the Ninth Circuit · Jan 29, 2002

that the sentencing court examine the statutes of conviction to determine whether the convictions constitute qualifying felonies under Taylor). *885 Although the government acknowledges its obligation to establish the statutes … In his Rule 32 objection, Matthews clearly disputed his classification as an Armed Career Criminal on the basis that the prior convictions relied upon by the prosecution did not qualify under the statute.

John Badea v. Harvey Cox

931 F.2d 573 · Court of Appeals for the Ninth Circuit · Apr 25, 1991

We clearly have the power to affirm, despite defective reasoning below, so long as the record is sufficient to sustain an alternative ground for the decision. See Helvering v. … Because this is a 12(b)(6) motion, qualified immunity cannot be considered. Qualified immunity is a defense, see Merriman v.

Miller v. Santa Clara County Library

24 F. App'x 762 · Court of Appeals for the Ninth Circuit · Dec 12, 2001

In its view he was not a “qualified individual”. … V What clearly is at issue is whether Jamie is a “qualified individual” with or without accommodation. We conclude that he is not.

Ryan Oneal v. Stephen Roberts

Court of Appeals for the Ninth Circuit · Feb 10, 2025

Second, Oneal avers that Roberts’s use of the Taser for pain compliance to handcuff Plaintiff violated clearly established law. … Therefore, Roberts is entitled to qualified immunity. See Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982). 2.

22 Employee Benefits Cas. 1289, 98 Cal. Daily Op. Serv. 4573, 98 Daily Journal D.A.R. 6273, Pens. Plan Guide (Cch) P 23943n Donald J. Farr Gregory H. Ishmiel Rod W. Tracy Willis L. Rader Joseph T. Dean Robert Heuser Jeanette P. Neufeld v. U.S. West Communications, Inc. U.S. West, Inc. U.S. West Management Pension Plan U.S. West Employee's Benefit Committee

151 F.3d 908 · Court of Appeals for the Ninth Circuit · Jun 15, 1998

But these employees were not even told what the phrase "qualifying amount" meant or that amounts that did not "qualify" would be taxed as ordinary income in the year received. One suspects that if the CEO of U.S. … Howe, 516 U.S. 489 , 116 S.Ct. 1065 , 134 L.Ed.2d 130 (1996), the Supreme Court stated: "it is hard to imagine why Congress would want to immunize breaches of fiduciary obligation that harm individuals by denying injured

United States v. Crocker National Corp.

656 F.2d 428 · Court of Appeals for the Ninth Circuit · Sep 14, 1981

The district court accepted appellees’ policy argument that banning interlocks between banks and insurance companies “could clearly reduce the number of qualified directors, possibly to the detriment of the public at large … The language and legislative history show clearly that Congress intended to create a partial antitrust immunity limited to the insuranee industry. 90 To extend immunity under the Act to conduct “involvpng] parties *455 wholly

Amanda J., a Minor, by and Through Her Guardian Ad Litem, Annette J. v. Clark County School District, and Nevada State Department of Education

267 F.3d 877 · Court of Appeals for the Ninth Circuit · Sep 25, 2001

Goals of “toilet training, matching colors and shapes, establishing eye contact, making choices, and following classroom activities and rules” were established. … Neither the District nor the Nevada State Department of Education asserted an Eleventh Amendment immunity defense at any point during this protracted litigation.

Atonio v. Wards Cove Packing Co.

10 F.3d 1485 · Court of Appeals for the Ninth Circuit · Dec 7, 1993

The workers offered no further evidence of a clearly superior substitute for the defendants’ labor pool figures. … Noting, however, that an agreement with a union provides no immunity for an employer from a discrimination claim, the court in Atonio II instructed the district court to investigate further the workers’ messing claims.

Stephen Dearborn v. Mar Ship Operations, Inc., and Bay Ship Management, Inc.

113 F.3d 995 · Court of Appeals for the Ninth Circuit · May 8, 1997

These provisions seem clearly to define an agency relationship between the Military Sealift Command and Bay Ship. … It merely operates to waive the sovereign immunity of the United States in admiralty suits.” Nelson v. United States, 639 F.2d 469, 473 (9th Cir.1980). Similarly, in Allen v.

Correll v. Ryan

539 F.3d 938 · Court of Appeals for the Ninth Circuit · May 14, 2008

“A reasonable tactical choice based on an adequate inquiry is immune from attack under Strickland.” Gerlaugh, 129 F.3d at 1033 . … Expert testimony at the evidentiary hearing clearly established that methamphetamine use, in the quantities that Correll undisputably used the drug on a regular basis, would significantly impair judgment and consciousness

Odila Penaloza v. City of Rialto

Court of Appeals for the Ninth Circuit · Dec 7, 2020

Second, was the constitutional right clearly established? Id. … Because the law does not clearly establish when an officer must intervene, Lopez is entitled to summary judgment on qualified immunity grounds for his failure to intervene when Boda was biting Goode.

Leslie W. Jines v. General Electric Company, a Corporation

303 F.2d 76 · Court of Appeals for the Ninth Circuit · May 15, 1962

The evidence in this record falls short of establishing the necessary elements of lack of reasonable care. … The prudent man standard requires some elucidation here, for the prudent layman is not qualified to inter *80 pret x-rays or take other professional steps necessary to a diagnosis of the condition of tuberculosis.

Davis v. Ignacio

90 F. App'x 505 · Court of Appeals for the Ninth Circuit · Feb 3, 2004

To qualify for habeas corpus, Davis must show that his state conviction “resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme … The trial court’s decision to combine the guilt and penalty phases of Davis’s trial was neither “contrary to, [n]or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court

City of Santa Clara v. Andrus

572 F.2d 660 · Court of Appeals for the Ninth Circuit · Feb 1, 1978

Ruiz had clearly “crystallized.” Indeed, it was enshrined in an internal operations manual. … It has long been established that sovereign immunity poses no bar to a suit against a federal officer who is alleged to have acted unconstitutionally or in excess of his statutory authority. Larson v.