Case law

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.”

Boris Poliksza v. United States of America Secret Service Agent, Charles Brewster

5 F.3d 539 · Court of Appeals for the Ninth Circuit · Aug 18, 1993

But at the time of the arrest, Brewster clearly had probable cause to arrest Alex. … We need not address whether Brewster was entitled to qualified immunity. 5 Poliksza also asserts false arrest and imprisonment, malicious prosecution, and invasion of privacy under the Federal Tort Claims Act.

Callie Maidhof v. Mitchell Celaya

641 F. App'x 734 · Court of Appeals for the Ninth Circuit · Feb 25, 2016

“The doctrine of 2 qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory … “Qualified immunity shields public officials from civil damages for performance of discretionary functions.

James Timphony v. City of Pasadena

669 F. App'x 484 · Court of Appeals for the Ninth Circuit · Oct 12, 2016

The District Court was also correct in its conclusion that Verduzeo is entitled to qualified immunity with respect to Plaintiffs’ claim under 42 U.S.C. § 1983 . … “The doctrine of qualified immunity protects government officials ‘from civil liability insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have

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.

Charles Gragg v. United States

831 F.3d 1189 · Court of Appeals for the Ninth Circuit · Aug 4, 2016

The Graggs contend these provisions, taken together, establish that after a taxpayer qualifies as a real estate professional under § 469(c)(7), all rental losses are automatically rendered nonpassive and deductible, regardless … that material participation “may be established by any reasonable means,” and “[c]ontemporaneous daily time reports . . . are not required if the extent of such participation may be established by other reasonable means.

Pesnell v. Arsenault

490 F.3d 1158 · Court of Appeals for the Ninth Circuit · Jun 20, 2007

The Gasho court then held that “the Government clearly met its burden” and that “[t]he actions of the Customs agents, the seizure and detention of the aircraft, are precisely the kinds of acts that Congress exempted from … In Gasho we applied § 2676 to bar the related claims against the individual federal agents, establishing a precedent which the majority opinion here disregards.

Cross v. United Airlines

317 F. App'x 615 · Court of Appeals for the Ninth Circuit · Aug 29, 2008

Here, there is no factual dispute that Cross was admitted to the emergency department of Cedars-Sinai Hospital and that her admission qualified as a serious health condition that qualified for protected leave. … The applicable California regulations, however, clearly state that “[a]n employer shall not deny a CFRA leave, the need for which is an emergency or is otherwise unforeseeable, on the basis that the employee did not provide

Angelica Untalan v. Warren Stanley

Court of Appeals for the Ninth Circuit · Feb 22, 2023

Qualified immunity shields police officers from liability “so long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Mullenix v. … Because the majority’s “clearly established” rule is neither clear nor established, the officers here are entitled to qualified immunity for their conduct at the May 23 storage hearing.

Tommie Y. MOORE, Plaintiff-Appellant, v. HUGHES HELICOPTERS, INC., a DIVISION OF SUMMA CORPORATION, Defendant-Appellee

708 F.2d 475 · Court of Appeals for the Ninth Circuit · Jun 16, 1983

In these cases, the plaintiff will be required to show a disparate impact on the qualified labor market to establish his prima facie case. Id. … Moreover, Moore has failed to establish that there were any black female employees qualified for the positions in Labor Grades 15-20.

Kyle Eyre v. City of Fairbanks

Court of Appeals for the Ninth Circuit · Aug 7, 2024

“[O]fficers are entitled to qualified immunity under § 1983 unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was ‘clearly established at the time.’” … “In resolving whether [the officers] are entitled to qualified immunity on summary judgment . . . .

Estate of Ellingson v. Commissioner

964 F.2d 959 · Court of Appeals for the Ninth Circuit · May 20, 1992

In Nicholson, the settlors had not clearly manifested an intent that the trust qualify for the QTIP deduction. … Certainly, the Trust Agreement could have been more clearly drafted.

Louis Schneider v. County Of San Diego

28 F.3d 89 · Court of Appeals for the Ninth Circuit · Oct 11, 1994

Because the warrantless seizure in this case did not impinge on any legitimate privacy interest, the abatement hearing was sufficient to establish the validity and reasonableness of the seizure. … This issue should be resolved first, if at all, by the district court. 23 We also do not address the arguments raised by the County and Reybro relating to absolute and qualified immunity.

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.

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?

Kildare v. Saenz

325 F.3d 1078 · Court of Appeals for the Ninth Circuit · Mar 24, 2003

Collaterality 14 In City of New York , the plaintiffs challenged a secret policy of the SSA mandating a presumption that certain mentally disabled applicants were qualified to do unskilled work, which effectively eliminated … Thus, even if we were to hold that the relief sought does put their claims on a different track from the determination of benefits, the purposes of exhaustion would still be clearly served by requiring it here.

Rudelson v. United States

602 F.2d 1326 · Court of Appeals for the Ninth Circuit · Aug 23, 1979

That apportionment of fault, like the district judge’s other comparative negligence calculations, was not clearly erroneous. … The government concedes, as it must, that California law clearly compels such a result. In American Motorcycle Ass’n v.

United States v. Merlin Marcia-Acosta

780 F.3d 1244 · Court of Appeals for the Ninth Circuit · Mar 23, 2015

Indeed, this case clearly illustrates the concerns underlying Descamps. … Smith therefore is “clearly irreconcilable” with Descamps, and is no longer controlling. Miller v. Gammie, 335 F.3d 889, 899–900 (9th Cir. 2003) (en banc).

Brian Olsen v. City of Henderson

648 F. App'x 628 · Court of Appeals for the Ninth Circuit · Apr 15, 2016

Callahan, 555 U.S. 223, 231 (2009) (“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 … Even if Detective Nichols had lacked probable cause, Boulder City Officer Aaron Johnson was protected by qualified immunity.