Case law

Quincy NORRIS, Plaintiff-Appellant, v. CITY AND COUNTY OF SAN FRANCISCO, Et Al., Defendants-Appellees

900 F.2d 1326 · Court of Appeals for the Ninth Circuit · Mar 29, 1990

Norris offered evidence that he is a member of a racial minority, that he applied for a job for which the City was seeking applicants and that he was qualified for the job in that he met the objective criteria established … Nevertheless, the district court repeatedly referred to Norris as “minimally qualified,” suggesting that he had not even established a prima facie case of discrimination.

Kris Bennett v. Chris Hicks

Court of Appeals for the Ninth Circuit · Dec 14, 2023

“Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right.” Pearson v. Callahan, 555 U.S. 223, 232 (2009). … Bennett has thus failed to identify a case that demonstrates what “clearly established constitutional right” Hicks violated. See Pearson, 555 U.S. at 232.

Salinas v. Cooke

103 F.3d 140 · Court of Appeals for the Ninth Circuit · Nov 25, 1996

That does not mean that the precise action in question must already have been held unlawful. 5 The qualified immunity inquiry is twofold. First, "[w]as the law governing the official's conduct clearly established?" … In either event, the officers were entitled to qualified immunity. 2 11 2.

Yong Ho Choi v. Randall Gaston

220 F.3d 1010 · Court of Appeals for the Ninth Circuit · Aug 8, 2000

Qualified immunity therefore protects OfficerBrame. See Alexander v. County of Los Angeles , 64 F.3d 1315, 1319 (9th Cir. 1995). 9 Field Identification Procedure. … The court found it unnecessary to rule on the defendants' defense of qualified immunity.

Shamrock Farms Co. v. Veneman

146 F.3d 1177 · Court of Appeals for the Ninth Circuit · Jul 2, 1998

R.Civ.P. 12(b)(6), holding that a federal statute clearly authorizes California’s laws and regulations and insulates them from Commerce Clause challenges. … Accordingly, Wyoming is clearly distinguishable from this case.

68 Empl. Prac. Dec. P 44,040, 96 Cal. Daily Op. Serv. 2533, 96 Daily Journal D.A.R. 4201, 96 Daily Journal D.A.R. 4325 Herman E. Schnidrig v. Columbia MacHine Inc., a Washington Corporation

80 F.3d 1406 · Court of Appeals for the Ninth Circuit · Apr 11, 1996

Lowe, 775 F.2d at 1009 . 20 In this case, Schnidrig clearly established a prima facie case of age discrimination. Schnidrig did not attempt to establish the factors giving rise to a presumption of discrimination. … candidates which he presented to the Board, therefore, it was not the Board's decision not to promote Schnidrig; 2) Schnidrig was not qualified for the job; and, 3) O'Meara was more qualified for the job than was Schnidrig

United States v. Sayetsitty

107 F.3d 1405 · Court of Appeals for the Ninth Circuit · Feb 28, 1997

Because Gaskins and Dinkane had clearly established, before the district court instructed Joe’s jury, that aiding and abetting includ *-171 ed an element of specific intent, and because those cases were further supported … Here, the objective facts and circumstances surrounding Joe’s arrest clearly establish probable cause to believe that Joe was guilty of public intoxication: he was passed out under a tree, having left his truck moments earlier

Whitman v. Mineta

Court of Appeals for the Ninth Circuit · Sep 2, 2008

In order to establish a prima facie case of discrimination, a plaintiff must show that “(1) he is a member of a protected class; (2) he was qualified for his position; (3) he experienced an adverse employment action; and … [3] Whitman fails the second element of the McDonnell Douglas test because he has not demonstrated that he was either qualified or eligible for the contested position.

Terazze Taylor v. Washington Department of Corrections

Court of Appeals for the Ninth Circuit · Sep 23, 2024

2  The district court properly dismissed Taylor’s claims against the individual defendants based on qualified immunity. … Kemna, 504 F.3d 705, 712 (9th Cir. 2007) (as amended) (protecting government officials performing discretionary functions if their conduct does not violate clearly established statutory or constitutional rights of which

Kevin HINES; Cathy Zampa, as Guardian Ad Litem for Stephanie Hines, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee

60 F.3d 1442 · Court of Appeals for the Ninth Circuit · Jul 27, 1995

None of the Postal Service regulations governing Wright’s conduct establish the requisite day-to-day control to qualify Wright’s drivers for employee status. Hines relies on our recent decision in Sugimoto v. … The California legislature clearly did not contemplate exempting all actions of the Postal Service from liability under the FTCA.

United States v. Ramos-Oseguera

120 F.3d 1028 · Court of Appeals for the Ninth Circuit · Jul 30, 1997

as a result of the government’s failure to grant them immunity on its own. … The court clearly exercised its discretion as to whether to consider the letters.

United States v. Jay v. Flake

746 F.2d 535 · Court of Appeals for the Ninth Circuit · Oct 30, 1984

Church said several times ‘I have no immunity, no immunity from prosecution, no deal.’ And that is what you are being told here, no deal with Mr. Church, right? … Church’s testimony. *541 These comments were clearly invited by Flake’s closing argument to the jury. Flake’s attorney directly attacked “the credibility of the Government of the United States.”

UNITED STATES of America, Plaintiff-Appellee, v. Eural WILLS, II, Defendant-Appellant

88 F.3d 704 · Court of Appeals for the Ninth Circuit · Jun 26, 1996

Wills first argues that the “challenge rate itself sufficed to establish the required showing.” … Wills requested the following instruction regarding the duty of a jury in weighing the testimony of a witness who has been granted immunity: You have heard testimony from Lisa MacPheators, a witness who has received immunity

Stanley Berman v. Julie McManus

483 F. App'x 363 · Court of Appeals for the Ninth Circuit · Sep 20, 2012

treatment to his minor children, Berman did not prove that the right was clearly established. … Rowlands, 606 F.3d 646, 648 (9th Cir. 2010) (child protection services officials entitled to qualified immunity where parent’s right to information was not “clearly established” at the time of the alleged violation); Robinson

97 Cal. Daily Op. Serv. 5380, 97 Daily Journal D.A.R. 8755 Chief Probation Officers of California, and the County of Santa Barbara, California v. Donna Shalala, Mary Jo Bane, and Lavinia Limon, in Their Official Capacities, Department of Health and Human Services and Administration for Children and Families

118 F.3d 1327 · Court of Appeals for the Ninth Circuit · Jul 8, 1997

Both parties seem to agree that the issue is whether AT-95-9 was immune from the APA requirement of notice and comment, and the case was tried on that basis. … If these rules are held out as having the force of law, they are not immune from the notice and comment procedure.

Jose Manuel Ochoa-Amaya v. Alberto R. Gonzales, Attorney General

479 F.3d 989 · Court of Appeals for the Ninth Circuit · Mar 22, 2007

Rejecting Ochoa-Amaya’s interpretation of the CSPA’s formula for calculating whether an alien qualifies as a child, BIA concluded that Ochoa-Amaya failed to meet his burden to establish prima facie eligibility for adjustment … While subsection (h)(2) does refer to a relationship described in § 1153, it clearly identifies a petition filed under § 1154, which includes the 1-130 petition adjudicated by INS.

Wright v. Daigle

22 F. App'x 850 · Court of Appeals for the Ninth Circuit · Dec 7, 2001

Reynolds rise to the level of an unreasonable application of clearly established federal law. 1 28 U.S.C. § 2254 (d)(1). We are not persuaded. … did not want to testify, that the police had coerced him to do so, that he gave his statement because he was concerned that the police *851 otherwise would blame him for the murder, and that he received benefits such as immunity

Schatte v. International Alliance of Theatrical Stage Employees and Moving Picture MacHine Operators of United States and Canada

182 F.2d 158 · Court of Appeals for the Ninth Circuit · May 1, 1950

Whatever privileges and immunities were created by the National Labor Relations Act were limited in scope to the remedies which were provided for enforcing those privileges and immunities. … An erroneous finding by a hearing officer is not a deprivation of an equal privilege or immunity.

Saccoccio v. City of Phoenix

Court of Appeals for the Ninth Circuit · Jan 15, 2026

The district court also erred in determining, in the alternative, that Gomez’s conduct was protected by qualified immunity. Saccoccio’s right was clearly established at the time of the incident. … Multiple cases can be read together to clearly establish a constitutional violation. See Sanderlin v.

Albertson's, Inc., Petitioner-Appellant-Cross-Appellee v. Commissioner of Internal Revenue, Respondent-Appellee-Cross-Appellant

42 F.3d 537 · Court of Appeals for the Ninth Circuit · Dec 5, 1994

If one could simply retain the funds and receive tax benefits similar to those one would receive if those amounts were paid out, there would clearly be little incentive to establish a qualified plan. B. … In addition, the earnings of a trust established by a qualified plan are not taxable to the trust. I.R.C. §§ 401(a) & 501(a). 8 .