Case law

Ctr. for Investigative Rptg. v. DOJ

982 F.3d 668 · Court of Appeals for the Ninth Circuit · Dec 3, 2020

FOIA establishes a right of access to existing agency records only. See NLRB v. Sears, Roebuck & Co., 421 U.S. 132, 161–62 (1975). … Chadha, 462 U.S. 919, 951 (1983) (“It emerges clearly that the prescription for legislative action in Art.

Miller v. Hedlund

813 F.2d 1344 · Court of Appeals for the Ninth Circuit · Apr 6, 1987

The purely private restraint is clearly not involved in this case because of the state's regulations. … United States, 471 U.S. 48 , 105 S.Ct. 1721, 1727 , 85 L.Ed.2d 36 (1985). 5 Under the test set forth in Midcal, the state agency must meet two standards in order to establish antitrust immunity.

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.

Laquinn Fisher v. City of Mesa

580 F. App'x 551 · Court of Appeals for the Ninth Circuit · Jun 23, 2014

An official is entitled to qualified immunity unless a plaintiff alleges sufficient facts to show that the official violated a constitutional right and that the right was “clearly established” at the time of the challenged … Accordingly, the district court did not err by granting the respondents’ motion to dismiss on the basis that they are shielded by qualified immunity.

Fellows v. Gregory

236 F. App'x 257 · Court of Appeals for the Ninth Circuit · May 16, 2007

Indeed, his proofs establish the City’s entire department was laid off when the police work was outsourced by the City to the county sheriff. Therefore, his claim for breach of employment contract fails. … Because we affirm the district court, we need not reach the question of whether Murray has qualified immunity. AFFIRMED.

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.

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.

Jose Artemio Perez-Martin v. John Ashcroft, Attorney General

394 F.3d 752 · Court of Appeals for the Ninth Circuit · Jan 12, 2005

To qualify for this designation, an alien must establish that he or she resided in the United States and performed at least 90 days of “seasonal agricultural services” during the twelve-month period ending on May 1, 1986. … Once Perez came forward with the original Ramirez affidavit verifying that he had worked the requisite number of days of qualifying employment, Perez had clearly “produc[ed] sufficient evidence to show the extent of [his]

Ada v. Government of Guam

179 F.3d 672 · Court of Appeals for the Ninth Circuit · Apr 19, 1999

Therefore, § 1712’s text clearly excludes undervotes, because such ballots do not cast a vote for this particular office. … entitled to vote, but to those qualified and actually voting.

Maria v. Altmann, an Individual v. Republic of Austria, a Foreign State and the Austrian Gallery, an Agency of the Republic of Austria

317 F.3d 954 · Court of Appeals for the Ninth Circuit · Dec 12, 2002

The 1952 Tate Letter also noted that China, sued in Jackson over its default on bonds issued in 1911, see 794 F.2d at 1491, was among the jurisdictions not yet having clearly adopted the restrictive principle. 1952 Tate Letter … Thus Altmann has established “continuous and systematic contacts.”

Paul Sulger v. B. H. Pochyla, Constance Pochyla, Thomas A. Ryan and Katherine Ryan

397 F.2d 173 · Court of Appeals for the Ninth Circuit · Dec 9, 1968

These facts are clearly distinguishable from the instant case in which the petition specifically sets forth that the appellees are United States Army officers. … McShane, 332 F.2d 855 (5 Cir. 1964), footnote 5, for an extensive list of immunity cases.

United States v. Georgia-Pacific Company

421 F.2d 92 · Court of Appeals for the Ninth Circuit · Jan 8, 1970

United States, 163 F.Supp. 907, 915 (E.D.Wash.1958). 11 Such governmental immunity from estoppel is an off-shoot of sovereign immunity. 12 Both the doctrine of sovereign immunity and that of governmental immunity from estoppel … Wherever possible, effect should be given to both earlier and later statutes; repeal can only be implied when the new statute(s) is clearly repugnant, in words or purpose, to the old statute (s).

Jackson v. Tate

648 F.3d 729 · Court of Appeals for the Ninth Circuit · Jun 2, 2011

The government also argued that Jackson’s suit is barred by the doctrine of intra-military immunity, first announced in Feres v. … Subsection 101(d)(6)(A) of Title 10 clearly includes “recruiting” within the scope of Active Guard/Reserve duties to be performed by full-time members of the state National Guard.

Indep. Living Ctr. of S. Cal. v. Jennifer Kent

909 F.3d 272 · Court of Appeals for the Ninth Circuit · Nov 21, 2018

We first found this retroactive relief would violate California’s sovereign immunity absent the Director’s waiver of that immunity. Id. at 661. … Further, Maria P. establishes that CMS’s subsequent 22 INDEP. LIVING CTR. V.

Lakiesha McCall v. Jeremy Jacobitz

Court of Appeals for the Ninth Circuit · Aug 18, 2021

established law. … In determining if an officer is entitled to qualified immunity, we evaluate whether (i) the alleged facts show a violation of a constitutional right and (ii) the constitutional right was clearly established at the time

Rosas-Castaneda v. Holder

630 F.3d 881 · Court of Appeals for the Ninth Circuit · Jan 4, 2011

Ariz.Rev.Stat. § 13-3405(A)(4), A conviction under this statute does not qualify categorically as an aggravated felony because it contains solicitation offenses, 2 3 which we have held do not qualify as aggravated felonies … SandovalLua clearly applies. Nijhawan merely reaffirms that it does. .

Patino v. Las Vegas Metropolitan Police Department

706 F. App'x 427 · Court of Appeals for the Ninth Circuit · Dec 15, 2017

Wilson did not violate Patino’s constitutional rights, he need not invoke qualified immunity. Nonetheless, we conclude that the district court correctly held that Sgt. … Wilson would be protected by qualified immunity because no clearly established law prohibits his actions. Patino asserts that San Jose Charter of Hells Angels Motorcycle Club v.

Gay v. Waiters' & Dairy Lunchmen's Union, Local No. 30

694 F.2d 531 · Court of Appeals for the Ninth Circuit · Aug 24, 1982

Fernandez has therefore failed to demonstrate that the district court clearly erred in failing to find her qualified for the DIO position. … If an applicant is not qualified for the job in question, she has failed to establish a prima facie case. Fernandez v. Wynn Oil Co., supra, 653 F.2d at 1275 (citations omitted).

Healey v. United States

186 F.2d 164 · Court of Appeals for the Ninth Circuit · Dec 6, 1950

Hitchcock, 142 U.S. 547 , 12 S.Ct. 195 , 35 L.Ed. 1110 , it was established that absolute immunity from federal criminal prosecution for offenses disclosed by the evidence must be given a person compelled to testify after … Clearly it is no admis *168 sion of guilt to refuse to testify to the grand jury concerning such threats.

Smith v. Town of Chino Valley

Court of Appeals for the Ninth Circuit · Mar 14, 2025

“Qualified immunity attaches when an official’s conduct does not violate -3- clearly established statutory or constitutional rights of which a reasonable person would have known … Accordingly, the district court did not err in granting summary judgment in favor of the individual officers based on qualified immunity. 3.