Case law

Ramirez-Villalpando v. Holder

601 F.3d 891 · Court of Appeals for the Ninth Circuit · Apr 9, 2010

Accordingly, Ramirez-Villalpando’s conviction did not categorically qualify as an aggravated felony. … Conclusion The record clearly demonstrates that Ramirez-Villalpando’s conviction under California Penal Code § 487(a) qualified as an aggravated felony under the modified categorical approach.

Alexis Alexopulos v. San Francisco Unified School District

817 F.2d 551 · Court of Appeals for the Ninth Circuit · May 26, 1987

SOVEREIGN IMMUNITY 6 The State is immune from suits in federal court for monetary relief under section 504 of the Rehabilitation Act, Alexopulos v. … As a local governmental entity, the District may not qualify for eleventh amendment protection. However, we need not reach the issue of the District's immunity.

Steven Tucker v. Don Verrett

Court of Appeals for the Ninth Circuit · Mar 18, 2024

The district court did not err in holding that Defendants-Appellees were entitled to qualified immunity. … Even if Tucker had shown a clearly established right, Defendants-Appellees are still entitled to qualified immunity because they maintained “a reasonable but mistaken belief that [their] conduct was lawful.”

California ex rel. California Department of Toxic Substances Control v. Campbell

138 F.3d 772 · Court of Appeals for the Ninth Circuit · Mar 9, 1998

Forsyth, 472 U.S. 511, 530 , 105 S.Ct. 2806, 2817-18 , 86 L.Ed.2d 411 (1985), which held that an order denying qualified immunity is immediately appealable. … immunity motions.”

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.

City of Tucson v. U.S. West Communications, Inc.

284 F.3d 1128 · Court of Appeals for the Ninth Circuit · Mar 26, 2002

A.R.S. §§ 9-499.01 (establishing that a municipality may not grant a franchise without the consent of a majority of the qualified voters), 12-2041, -2042, -2043. We regretfully disagree. … Disruption of the Establishment of a Coherent Policy: Tucson contends that abstention is appropriate because federal review would disrupt Arizona’s efforts to establish a competitive • telecommunications system and effectuate

Richard S. Simpson v. Union Oil Company of California

411 F.2d 897 · Court of Appeals for the Ninth Circuit · Jun 12, 1969

Schaible, 375 P.2d 201 (Alaska 1962) [sovereign immunity]; Darling v. … Holy Trinity Catholic Church, 19 Wis.2d 648 , 121 N.W.2d 249 (1963) [charitable immunity]; Holytz v. City of Milwaukee, 17 Wis.2d 26 , 115 N.W.2d 618 (1962) [sovereign immunity]; Kojis v.

Xavier Lopez v. City of Riverside

Court of Appeals for the Ninth Circuit · Dec 5, 2023

Because no clearly established legal precedent squarely governs the specific facts at issue in this case, I would reverse the district court’s denial of qualified immunity and remand for further proceedings under Mr. … We also held, however, that the defendants were entitled to qualified immunity because no precedent clearly established that using force in that situation would constitute excessive force under the Fourth Amendment.

Gulliford v. Pierce County

136 F.3d 1345 · Court of Appeals for the Ninth Circuit · Feb 27, 1998

III. 28 Pierce County argues on appeal that Deputy Thrash is entitled to qualified immunity from Gulliford's wrongful arrest claim and that all of the deputies are entitled to qualified immunity from Gulliford's excessive … immunity.

Roberto Lopez Valencia v. Loretta E. Lynch

798 F.3d 863 · Court of Appeals for the Ninth Circuit · Aug 17, 2015

Corona- Sanchez, 291 F.3d 1201 (9th Cir. 2002) (en banc), suggested that a California theft conviction could qualify as a generic theft offense, they are clearly irreconcilable with Descamps. … Corona-Sanchez, 291 F.3d 1201, 1208 (9th Cir. 2002) (en banc), suggested that a conviction for theft in California could qualify as a generic theft offense, we conclude that those cases are “clearly irreconcilable” with Descamps

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?

McGuire v. United States

Court of Appeals for the Ninth Circuit · Dec 24, 2008

The court agreed with the bankruptcy court that the government’s actions could qualify as a “regulatory tak- ing,” but held that McGuire’s claim was not ripe for review because the government never denied an application for … Unless McGuire “sat- isfies the burden of establishing that its action falls within an unequivocally expressed waiver of sovereign immunity by Congress, it must be dismissed.” Dunn & Black v.

Julianne Panagacos v. John Towery

692 F. App'x 330 · Court of Appeals for the Ninth Circuit · May 2, 2017

Plaintiffs have also failed to demonstrate that, if violating the Posse Comitatus Act does amount to a Fourth Amendment violation, this was clearly established at the time of the Defendants actions. … As a result, the Defendants are entitled to qualified immunity.

Bonnie Mantolete v. William G. Bolger, in His Capacity as Postmaster General, United States Postal Service

767 F.2d 1416 · Court of Appeals for the Ninth Circuit · Aug 27, 1985

Such a holding is clearly contrary to law. … The application of this standard requires a strong factual foundation in order to establish that an applicant’s handicap precludes safe employment.

Hallie Kirkingburg v. Albertson's, Inc.

143 F.3d 1228 · Court of Appeals for the Ninth Circuit · Jul 1, 1998

Buck is clearly inapposite to this case. Here, the FHWA has created a waiver program for vision-impaired drivers. … In fact, the record as a whole demonstrates clearly, and without a hint of any contrary evidence (other than the fact of his monocular vision), that Kirkingburg is eminently qualified for the job of commercial truck driver

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.

Costo v. United States

248 F.3d 863 · Court of Appeals for the Ninth Circuit · Apr 20, 2001

Thus, the suit is barred unless the United States has waived its sovereign immunity. … Even this four-factor test must be qualified. First, none of these factors is dispositive. Rather than seizing on any particular combination of factors, we have focused on “the totality of the circumstances.”

In re Philippine Nat'l. Bank

397 F.3d 768 · Court of Appeals for the Ninth Circuit · Feb 4, 2005

Requiring the Bank "to choose between being in contempt of court and violating [Philippine] law clearly constitutes severe prejudice that could not be remedied on direct appeal." … On appeal by the Republic, we vacated the injunction to the extent that it purported to restrain the Republic, because sovereign immunity precluded district court jurisdiction over the Republic In re Estate of Ferdinand Marcos

In the Matter of John West Gwilliam, Bankrupt. John West Gwilliam v. United States

519 F.2d 407 · Court of Appeals for the Ninth Circuit · Jun 6, 1975

On review, the District Court made the following comments respecting the contention of the United States that no jurisdiction existed: “Jurisdiction would appear to be clearly established by Local Loan Co. v. … To conclude that the above option in favor of the Bankrupt could be utilized only if the IRS had filed a claim for the unpaid tax would distort and render meaningless the clearly expressed congressional language.

Murray Eugene Fields, II v. Robert McCannally

50 F.3d 14 · Court of Appeals for the Ninth Circuit · Mar 20, 1995

performing discretionary functions enjoy qualified immunity from civil damages so long as their conduct does not violate 'clearly established statutory or constitutional rights of which a reasonable person would have known … The qualified immunity inquiry therefore turns on whether Fields' allegations implicate a "clearly established right[ ] ... of which a reasonable person would have known. F.E.