Case law

Sweet v. Hernandez

107 F. App'x 775 · Court of Appeals for the Ninth Circuit · Aug 19, 2004

. § 1291 to consider a denial of qualified immunity. See Jeffers v. Gomez, 267 F.3d 895, 903 (9th Cir.2001). We review de novo, Billington v. Smith, 292 F.3d 1177, 1183 (9th Cir.2002), and we affirm. … The district court properly denied Defendants’ motion for summary judgment because Sweet established a material issue of fact as to whether he had alerted the officers to the danger to his safety. See Estate of Ford v.

Frausto v. Legal Aid Society of San Diego, Inc.

563 F.2d 1324 · Court of Appeals for the Ninth Circuit · Nov 1, 1977

Duke Power Co., 401 U.S. 424 , 91 S.Ct. 849 , 28 L.Ed.2d 158 (1971) the Supreme Court stated: “Congress has not commanded that the less qualified be preferred over the better qualified simply because of minority origins.” … Frausto next argues that he has established a prima facie case of racial employment discrimination. In McDonnell Douglas v.

Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency

911 F.2d 1331 · Court of Appeals for the Ninth Circuit · Aug 9, 1990

Facts This case involves a challenge by 365 property owners on the Nevada side of the Lake Tahoe basin who claim that the ban on development established by Tahoe Regional Planning Agency (“TRPA”) 1 Ordinance 81-5 (enacted … In any event, the reasonableness of the delay and the diligence of the government’s efforts are clearly questions of fact that cannot be resolved at this point in the proceedings.

Richard Collender v. Shawn Neel

605 F. App'x 624 · Court of Appeals for the Ninth Circuit · Mar 25, 2015

Thus, the district court properly determined Neel is not entitled to qualified immunity on the basis that the constitutional right was not clearly established. … Ct. 3, 4–5 (2013) (per curiam) ("‘The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional

Sonjia Mack v. Brian Williams, Sr.

Court of Appeals for the Ninth Circuit · Sep 23, 2021

Specifically, they contend that, because it was not clearly established before the Cates decision that a prison visitor had a right to leave the facility instead of submitting to a strip search, they are entitled to qualified … established for purposes of this case, Defendants would not be entitled to qualified immunity.

Sheila Garcia v. County of San Diego

Court of Appeals for the Ninth Circuit · Oct 26, 2020

We are thus not dealing with a clearly established rule that would have put the social workers on notice that their conduct violated the law. Defendants are entitled to qualified immunity on this claim. 3. … The majority compounds its error by later stating that the applicable law has been clearly established, so as to defeat qualified immunity, simply because we articulated the above-quoted Wallis standard in 2000.

David Orsay v. United States Department Of Justice

289 F.3d 1125 · Court of Appeals for the Ninth Circuit · May 14, 2002

However, we conclude that the section fails to establish unambiguously that the government's waiver encompasses intentionally tortious conduct by investigative or law enforcement officers when they were not engaged in investigative … See Lane, 518 U.S. at 192 , 116 S.Ct. 2092 (courts must construe ambiguities in the scope of a waiver of sovereign immunity in favor of immunity).

Rosalina Cuellar De Osorio v. Alejandro Mayorkas

695 F.3d 1003 · Court of Appeals for the Ninth Circuit · Sep 26, 2012

The BIA held that unlike subsections (h)(1) and (h)(2), “which when read in tandem clearly define the universe of petitions that qualify for the ‘delayed processing formula,’ the language of [subsection (h)(3) ] does not … This phrase refers to both F2A petitions for children (established by 8 U.S.C. § 1153 (a)(2)(A)) and derivative visas for the children of primary beneficiaries of all visa categories (established by 8 U.S.C. § 1153 (d)).

Porio v. Barbari

Court of Appeals for the Ninth Circuit · May 12, 2026

Barbari argues that she is entitled to qualified immunity, which would prevent a retrial. Even assuming that Barbari preserved her qualified immunity defense, it fails on the merits. … Because a reasonable jury could find that Barbari violated Porio’s rights, and because the right was clearly established, Barbari is not entitled to qualified immunity.

McKnight v. United States

130 F. 659 · Court of Appeals for the Ninth Circuit · May 2, 1904

the Indian country, is authorized to sell for the benefit of such Indians any cattle, horses, or other live stock belonging to the Indians and not required for their use and subsistence, under such regulations as shall be established … These agreements and statutory enactments very clearly show that cattle purchased by the government and issued to the Indians of a tribe are not theirs absolutely and unconditionally, but, as is expressly provided by law,

Armando Nieves Martinez v. United States

997 F.3d 867 · Court of Appeals for the Ninth Circuit · May 11, 2021

The United States enjoys immunity from suit “unless it has expressly waived such immunity and consented to be sued.” Dunn & Black, P.S. v. United States, 492 F.3d 1084, 1088 (9th Cir. 2007) (quoting Gilbert v. … Second, the test kit instructions established a mandatory protocol for testing.

44 Fed. R. Evid. Serv. 1332, 96 Cal. Daily Op. Serv. 4643, 96 Daily Journal D.A.R. 7475 United States of America v. Keith Steven Young, United States of America v. Edelmiro Tamez, Jr.

86 F.3d 944 · Court of Appeals for the Ninth Circuit · Jun 25, 1996

As the district court itself recognized, this impeachment evidence was clearly relevant to the fact-finding process. 13 II. … On appeal, we refused to reverse the district court's finding of fact as clearly erroneous.

Lena R. JOHNSON, Plaintiff-Appellant, v. Donna W. SHALALA, Secretary, Defendant-Appellee

35 F.3d 402 · Court of Appeals for the Ninth Circuit · Sep 8, 1994

Nor did Johnson establish a prima facie case of disparate treatment under the McDonnell Douglas four-part test. 5 On the basis of our review of the entire record, we cannot say that the district court *406 clearly erred by … Johnson did not establish that she was rejected “despite being qualified” or that the ANMC continued to seek applicants from persons of "comparable qualifications.”

Raymond Yowell v. James Connelley

532 F. App'x 708 · Court of Appeals for the Ninth Circuit · Jun 28, 2013

The United States now holds title to, and BLM now manages, those lands. 5 clearly established federal right. Reichle v. Howards, 132 S. … Qualified immunity applies here because Yowell fails to establish that the State Defendants-Appellants either failed to follow the applicable state law, which thereby caused him to be deprived of a clearly established federal

Preferred Communications, Inc. v. City Of Los Angeles

754 F.2d 1396 · Court of Appeals for the Ninth Circuit · Jun 26, 1985

exemption established in Parker v. … Brown immunity. 73 To prove that a policy is clearly articulated and affirmatively expressed, the City must demonstrate not only the existence of a state policy to displace competition with regulation, but also that the legislature

Rehner v. Rice

678 F.2d 1340 · Court of Appeals for the Ninth Circuit · Jun 8, 1982

It did not, however, reach the issue of tribal sovereign immunity. … The Indian tribe voluntarily intervened in the original action, which resembled an equitable action in rem, to establish and to protect its treaty fishing rights.

Donnelly v. United States

850 F.2d 1313 · Court of Appeals for the Ninth Circuit · Mar 10, 1988

(Section 1346(f) is the jurisdiction-vesting counterpart to § 2409a’s waiver of sovereign immunity.) … In other words, does the existence of an alternate jurisdictional basis preserve jurisdiction for resolving title disputes under the QTA, or does the qualifying language of § 2409a(e) simply mean that the disclaimer of interest

Dith v. City of Downey

171 F. App'x 208 · Court of Appeals for the Ninth Circuit · Mar 16, 2006

The Diths also argue that the magistrate judge lacked probable cause to issue the search warrant for their apartment because Romero’s sworn statement of probable cause did not establish the reliability of his confidential … Accordingly, without needing to address qualified immunity or municipal liability, we affirm summary judgment for the de *210 fendants on the Diths’ claim that the search warrant lacked probable cause.

Stead Motors of Walnut Creek v. Automotive MacHinists Lodge No. 1173, International Association of MacHinists and Aerospace Workers

886 F.2d 1200 · Court of Appeals for the Ninth Circuit · Oct 6, 1989

In this connection it should also be noted that the award ordered Cooper to be reinstated in his old job or in an equivalent one for which he was qualified. … If, as Misco establishes, “ ‘the question of public policy is ultimately one for resolution by the courts,’ ” 108 S.Ct. at 373 , quoting W.R.

Barnes-Wallace, Etal v. Boy Scouts of Am

704 F.3d 1067 · Court of Appeals for the Ninth Circuit · Dec 20, 2012

The Breens, as atheists, however, clearly qualify for standing under our prior ruling. … organization, the violation was not clearly established.