Case law

Alberto Mendez-Garcia v. Loretta Lynch

840 F.3d 655 · Court of Appeals for the Ninth Circuit · Oct 20, 2016

In order to assert a due process challenge to such a condition of relief, an alien must establish a “qualifying liberty interest of which he was deprived.” Hernandez-Mezquita v. … No. 105-100, 111 Stat. 2160, 2193-2201 (1997), "clearly refers back to the period of time for which continuous physical presence is required”). ..

Gradetech, Inc. v. City of San Jose

Court of Appeals for the Ninth Circuit · Apr 16, 2021

a constitutional right”; and (2) the asserted right was clearly established at the time of the alleged violation. … Given the lack of clearly established law that could overcome the Employees’ qualified immunity with respect to a substantive due process claim, amendment could not cure the defects in that claim.

Tritz v. United States Postal Service

721 F.3d 1133 · Court of Appeals for the Ninth Circuit · Jul 9, 2013

immunity. … In contrast, in this case the PRA clearly confers independent subject matter jurisdiction on the district courts to hear claims against the Postal Service.

Schroeder v. United States Ex Rel. Farmers Home Administration

569 F.3d 956 · Court of Appeals for the Ninth Circuit · Jun 22, 2009

Because the United States was not acting in its capacity as sovereign in enacting ELIHPA, the government may not assert a sovereign immunity defense in such an action. … Therefore, under Schroeder’s theory, the final payments would necessarily coincide with — indeed, they would establish — the maturity dates.

Practice Management Information Corporation, a California Corporation v. The American Medical Association, an Illinois Nonprofit Corporation

121 F.3d 516 · Court of Appeals for the Ninth Circuit · Aug 6, 1997

The first ground is clearly not applicable to the CPT. The copyright system was not significant in Banks because judges had no proprietary interest in their opinions. … We also reject the AMA’s argument that the Noerr-Pennington doctrine immunized its actions. Because Practice Management need not establish an antitrust violation, we need not consider the AMA’s antitrust defenses.

Donald CHAFFIN, Plaintiff-Appellant, v. UNITED STATES of America; Martin Marietta Services, Inc., Defendants-Appellees

176 F.3d 1208 · Court of Appeals for the Ninth Circuit · May 27, 1999

Whether it lay on government property is not clear from the record, but its proximity clearly created a heightened risk of attack. … Here, the record does not establish that the meat was stored on non-government property.

United States v. Joseph B. Montoya

945 F.2d 1068 · Court of Appeals for the Ninth Circuit · Sep 20, 1991

of the five predicate acts which the jury found Montoya had committed alleged violations of the state bribery law under Cal.Penal Code § 86. 6 The jury’s delineation of their verdicts as to each of these predicate acts clearly … “It is well established that a defendant has no absolute right to have a witness granted immunity.” United States v. Patterson, 819 F.2d 1495, 1505 (9th Cir.1987) (citations omitted).

Damone Daniel v. Kiang

Court of Appeals for the Ninth Circuit · May 24, 2018

Daniel violated 2 17-56199 his clearly established Fourth Amendment rights. … City of Orange, 485 F.3d 463, 476 (9th Cir. 2007) (“[Q]ualified immunity is available if a reasonable police officer could have believed that his or her conduct was lawful, in light of the clearly established law and the

Ramirez-Villalpando v. Holder

645 F.3d 1035 · Court of Appeals for the Ninth Circuit · Jul 1, 2011

Accordingly, Ramirez-Villalpando’s conviction did not categorically qualify as an aggravated felony. … Conclusion [12] 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.

EIE Guam Corp. v. Long Term Credit Bank of Japan, Ltd.

322 F.3d 635 · Court of Appeals for the Ninth Circuit · Feb 27, 2003

The RCC is even more clearly an organ of a foreign state than Alberta Pork was in Gates . … The territorial courts in Guam qualify as “State” courts for this purpose.

Meyerson v. State of Arizona

709 F.2d 1235 · Court of Appeals for the Ninth Circuit · May 9, 1983

Clearly the statute was intended to benefit handicapped persons. … Since we conclude that Meyerson fails to establish that the research grants had a primary purpose to provide employment, we need not consider the nature of the nexus requirement or whether it was established by Meyerson 2

Johnny Lee Davis v. George Grigas

443 F.3d 1155 · Court of Appeals for the Ninth Circuit · Apr 10, 2006

Section 2254(d)(1): Clearly Established Supreme Court Precedent To establish a basis for relief on this ground, Davis must first show that there is “clearly established Federal law, as determined by the Supreme Court of the … Conclusion Davis does not qualify for habeas relief under § 2254(d)(1) because there is no clearly established Supreme Court precedent governing ineffective assistance of counsel claims in the noncapital sentencing context

Delta Savings Bank v. United States

265 F.3d 1017 · Court of Appeals for the Ninth Circuit · Jul 12, 2001

In Pareto , the result was not “absurd or impracticable” because the FDIC was qualified to decide, on behalf of the former stockholders, whether the bank should sue the directors for breaching the duty of loyalty and for … The prior decision should be followed unless: (1) the decision is clearly erroneous and its enforcement would work a manifest injustice, (2) intervening controlling authority makes reconsideration appropriate, or (3) substantially

John Loudermilk v. Julie Rhodes

592 F. App'x 596 · Court of Appeals for the Ninth Circuit · Feb 4, 2015

I The district court did not err in finding that Cash and Cramer were entitled to qualified immunity regarding the unreasonable search claim. … II The district court properly determined that the officials were entitled to qualified immunity on the family integrity claim as well.

Chemehuevi Indian Tribe v. John McMahon

934 F.3d 1076 · Court of Appeals for the Ninth Circuit · Aug 19, 2019

Section 1983 allows any “person” to sue for the “deprivation of any rights, privileges, or immunities secured by the Constitution and laws.” 42 U.S.C. § 1983. … The Chemehuevi Reservation, as established by the 1907 Order, includes Section 36.

United States v. Warren S. Chang

207 F.3d 1169 · Court of Appeals for the Ninth Circuit · Apr 4, 2000

Given that Chang’s sentence clearly exceeds the statutory maximum established under § 371, we vacate Chang’s sentence and remand to the district court for resen-tencing. … Although the district court acknowledged that Lausier was “extremely qualified” in international finance, it refused to accept Chang's argument that Lausier’s proffered testimony could establish the Certificate’s "underlying

Fermin Valenzuela v. City of Anaheim

Court of Appeals for the Ninth Circuit · Aug 3, 2021

Under the Supreme Court’s qualified immunity doctrine, a police officer may have violated someone’s constitutional right but he or she may still have immunity if that right was not “clearly established at the time of the … facts “clearly established” as of July 2, 2016?

Sutton v. Earles

26 F.3d 903 · Court of Appeals for the Ninth Circuit · Jun 3, 1994

their dependence upon a decedent can recover such damages; (3) the district court’s across-the-board approach to the wrongful death awards established that the awards are clearly erroneous; (4) the district court erred in … The government contends that the district court’s use of identical annual amounts for each of the five survivors alone establish that the awards were clearly erroneous.

United States v. Magana-Guerrero

80 F.3d 398 · Court of Appeals for the Ninth Circuit · Apr 8, 1996

Compare U.S.S.G. § 3C1.1, app. note 3(b) (attempting to suborn perjury qualifies); app. note 3(c) (attempting to produce a false document during an official investigation or judicial proceeding qualifies); app. note 3(f) … Had the district court accepted their story, they would neither have avoided criminal liability nor established a defense to the crime. Id. at 80 .

United States v. Roberto Castillo

69 F.4th 648 · Court of Appeals for the Ninth Circuit · May 31, 2023

Kisor’s reasoning is clearly irreconcilable with Vea- Gonzales and Crum. … Indeed, “the Sentencing Commission has established significant, legally binding prescriptions governing application of governmental power against private individuals” just “short of capital punishment.”