Case law

Clow v. Department of Housing and Urban Development

948 F.2d 614 · Court of Appeals for the Ninth Circuit · Nov 5, 1991

The mortgage assistance program was established to assist homeowners in dire straits, who have an especially earnest need for effective review of their claims. … Finally, despite the majority's contrary conclusion, hypothetical jurisdiction cannot lie where actual jurisdiction is clearly absent.

Marty Cortez v. Bill Skol

776 F.3d 1046 · Court of Appeals for the Ninth Circuit · Jan 26, 2015

immunity, and we decline to reach that issue in the first instance. … Runnels, 594 F.3d 666, 672 (9th Cir. 2010) (“[W]e do not reach qualified immunity because the issue has never been addressed by the district court.”).  CORTEZ V.

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.

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

Wells Fargo Bank v. United States

1 F.3d 830 · Court of Appeals for the Ninth Circuit · Jul 27, 1993

To prevail in this case, Wells Fargo Bank (the taxpayer) must establish two things: (1) that the testatrix executed her will before January 1,1979; and (2) that the will met the requirements to qualify for a charitable deduction … While I am not absolutely immune from the pull of a sympathetic case, I have no power under the tax laws to reform this ill-drafted will.

Eugene Mauwee v. Bill Donat

407 F. App'x 105 · Court of Appeals for the Ninth Circuit · Dec 22, 2010

Callahan, 129 S.Ct. 808, 818 (2009) (courts may grant qualified immunity if the right was not clearly established without first considering whether a constitutional violation occurred). … Mauwee had no clearly established right that other inmates be proscribed from using the sweat lodge. See Navajo Nation v. U.S.

Veterans for Common Sense v. Eric K. Shinseki

644 F.3d 845 · Court of Appeals for the Ninth Circuit · May 10, 2011

We hold that sovereign immunity does not bar adjudication of Veterans’s constitutional claims, because Congress has expressly waived such immunity. … veteran’s lay testimony alone may establish the occurrence of the claimed in-service stressor.”)

Erik Maloney v. Charles Ryan

711 F. App'x 372 · Court of Appeals for the Ninth Circuit · Oct 4, 2017

The district court properly dismissed on the basis of qualified immunity Maloney’s requests for damages on his claims stemming from the provision of breakfast after dawn, but before sunrise, during Ramadan. … See Ashcroft v. al-Kidd, 563 U.S. 731, 735, 741 (2011) (an official violates clearly established law only if, at the time of the challenged conduct, the right’s contours were sufficiently clear

Sean Hoard v. J. Hartman

Court of Appeals for the Ninth Circuit · Sep 13, 2018

The district court denied Defendants’ motion for summary judgment and qualified immunity on the remaining excessive force and deliberate indifference claims. 6 The district court set the case for trial and appointed … Just as a district court commits plain error “when its jury instructions fail to incorporate an element of the crime that has been clearly established by Ninth Circuit precedent,” United States v.

Taylor v. List

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

Eleventh Amendment Immunity 14 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.

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.

Kenneth Delgado v. A. Barnes

465 F. App'x 712 · Court of Appeals for the Ninth Circuit · Jan 10, 2012

10-17416 Delgado’s clearly established constitutional rights. … Callahan, 555 U.S. 223 (2009) (qualified immunity analysis requires a determination whether the facts, taken in the light most favorable to the party asserting the injury, show that the defendant violated a clearly established

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.

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.

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.

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.

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.

William D. Arnold v. Bert R. Tiffany

487 F.2d 216 · Court of Appeals for the Ninth Circuit · Mar 18, 1974

The claims which appellants’ complaint must establish to state a cause of action under Section 1985(3) were enumerated by Griffin : “To come within the legislation a complaint must allege that the defendants did (1) ‘conspire … suggested in this Court; the allegations of the complaint are specific that the assault was sparked solely by the instant reaction of the defendants to the fact that the plaintiffs were seeking to photograph the defendants, clearly

Cindy Garcia v. Google, Inc.

786 F.3d 733 · Court of Appeals for the Ninth Circuit · May 18, 2015

Nor did Garcia establish a likelihood of success on the merits. … Garcia’s burden here is doubly demanding: Because Garcia seeks a mandatory injunction, she must establish that the law and facts clearly favor her position, not simply that she is likely to succeed. Why?

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