Case law

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.

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.

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.

Bates v. United Parcel Service, Inc.

511 F.3d 974 · Court of Appeals for the Ninth Circuit · Dec 28, 2007

The court further concluded that Bates did not have the burden to establish at that stage that any plaintiffs were “qualified” in the sense that they were capable of driving safely. … The statute does not require that a person meet each of an employer’s established “qualification standards,” however, to show that he is “qualified.”

United States v. Jennings

515 F.3d 980 · Court of Appeals for the Ninth Circuit · Feb 4, 2008

Most, 789 F.2d 1411, 1416 (9th Cir.1986) (reviewing question of whether defendant initiated conversation under clearly erroneous standard). … Justice Powell concurred in the judgment, finding that "the facts and circumstances, when viewed in their entirety, clearly establish a valid waiver of the right to counsel."

Humboldt County v. United States

684 F.2d 1276 · Court of Appeals for the Ninth Circuit · Aug 24, 1982

The record does not clearly indicate by whom or when that road was built, other than that it was built between 1952 and 1975. … First, it argues that the district court’s finding that the Cooperative Agreement was presented to county officials is clearly erroneous.

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).

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. .

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.

James Hardy v. Kevin Chappell, Warden

832 F.3d 1128 · Court of Appeals for the Ninth Circuit · Aug 11, 2016

Alternatively, we also conclude that the California Supreme Court decision was an unreasonable application of clearly established federal law. I. … Pinholster, 563 U.S. 170, 189 , 131 S.Ct. 1388 , 179 L.Ed.2d 557 (2011) (“There is no dispute” that Strickland is clearly established federal law).

Westlands Water District v. Firebaugh Canal

10 F.3d 667 · Court of Appeals for the Ninth Circuit · Nov 30, 1993

However, these cases do not clearly decide the issue here. The Exchange contractors took water from the San Joaquin River prior to the construction of the Friant Dam. … The Exchange Contract clearly gives them a contractual right to substitute water from the Delta-Mendota Canal or other sources.

Charles Mikich v. City & County of San Francisco

612 F. App'x 443 · Court of Appeals for the Ninth Circuit · May 15, 2015

the right was clearly established at the time of the alleged violation.” … The right allegedly violated must be clearly established at more than a general level; “the right the official is alleged to have violated must have been ‘clearly established’ in a more particularized, and hence more relevant

Harper v. Poway Unified School District

445 F.3d 1166 · Court of Appeals for the Ninth Circuit · Apr 20, 2006

The district court also granted the School’s motion to dismiss Harper’s damages claims against Poway Unified School District and the individual defendants on the ground of qualified immunity. … as we need not “decide the [qualified immunity] issue in order to review the claims properly raised on interlocutory appeal.... ” Batzel, 333 F.3d at 1023 (quoting Cunningham v.

Bonnette v. California Health & Welfare Agency

704 F.2d 1465 · Court of Appeals for the Ninth Circuit · May 5, 1983

In order to qualify for the federal funds, the state had to comply with various federal requirements and regulations, and had to submit and receive approval of its plan for in-home services. … Although the underlying facts are reviewed under the clearly erroneous standard, the legal effect of those facts— whether appellants are employers within the meaning of the FLSA — is a question of law.

Ellen L. Batzel, a Citizen of the State of California v. Robert Smith, a Citizen of the State of North Carolina Netherlands Museums Association, an Entity of Unknown Form Mosler, Inc., a Delaware Corporation With Its Principal Place of Business in Ohio, and Ton Cremers, a Citizen or Subject of the Netherlands, Ellen L. Batzel, a Citizen of the State of California v. Robert Smith, a Citizen of the State of North Carolina Netherlands Museums Association, an Entity of Unknown Form Ton Cremers, a Citizen or Subject of the Netherlands Mosler, Inc., a Delaware Corporation With Its Principal Place of Business in Ohio

333 F.3d 1018 · Court of Appeals for the Ninth Circuit · Jun 24, 2003

Application to Cremers and the Museum Security Network 56 To benefit from § 230(c) immunity, Cremers must first demonstrate that his Network website and listserv qualify as "provider[s] or user[s] of an interactive computer … The congressional objectives in passing § 230 therefore are not furthered by providing immunity in instances where posted material was clearly not meant for publication. 76 At the same time, Congress's purpose in enacting

B. Q. v. Alexander Dekok

Court of Appeals for the Ninth Circuit · Oct 16, 2020

Appellant argues that the district court erred: (1) in determining that Defendant-Appellee Alexander Dekok’s social studies lesson plan did not violate clearly established law; and (2) by ruling on qualified immunity at … We ask two questions when determining whether an official is entitled to qualified immunity: “(1) whether there has been a violation of a constitutional right; and (2) whether that right was clearly established at the time