Case law

Wassen v. Sonoma County Junior College

203 F.3d 659 · Court of Appeals for the Ninth Circuit · Feb 16, 2000

The district court granted defendants' motion to dismiss Wasson's First Amendment claim on the basis of qualified immunity. We affirm on different grounds because we conclude that Wasson has failed to state a claim. … The district court granted qualified immunity to Agrella and Roberts on their motion to reconsider the district court's earlier denial of the defendants' motion to dismiss.

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.

Westlands Water District v. Firebaugh Canal

10 F.3d 667 · Court of Appeals for the Ninth Circuit · Nov 30, 1993

However, these cases do not clearly decide the issue here. The Exchange contractors took water from the San Joaquin River prior to the construction of the Friant Dam. … The Exchange Contract clearly gives them a contractual right to substitute water from the Delta-Mendota Canal or other sources.

Sawyer v. Johansen

103 F.3d 140 · Court of Appeals for the Ninth Circuit · Dec 6, 1996

We must determine whether the district court erred by: (1) granting qualified immunity to defendants Johansen, Demers, Amparo and Laskey on the basis that the Sawyers' rights allegedly violated were not clearly established … Because appellants fail to meet the initial burden of showing that the particularized rights allegedly violated were clearly established, appellees Johansen, Demers, Amparo and Laskey are entitled to qualified immunity under

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.

Daniel Lesoeur v. United States

21 F.3d 965 · Court of Appeals for the Ninth Circuit · Apr 18, 1994

In the usual case, the failure to warn involves only “safety considerations under an established policy, rather than the balancing of competing policy considerations.” … The NPS’s failure to warn that the Tribe’s rafting tours were not regulated clearly implicated important political policy considerations.

United States v. Benjamin Galecki

89 F.4th 713 · Court of Appeals for the Ninth Circuit · Dec 27, 2023

GALECKI 17 establish probable cause. … Amendment right against self-incrimination with the purpose of distorting the fact-finding process; or (b) the prosecution granted immunity to a government witness in order to obtain that witness’s testimony, but denied immunity

Irma Jean Perez v. Wayne A. Simmons James Nalls Thomas Miller Mark Meske and City of Santa Barbara

884 F.2d 1136 · Court of Appeals for the Ninth Circuit · Aug 31, 1989

The jury was provided a special verdict form which segregated issues of qualified immunity from issues of whether Perez’s constitutional rights were violated. … The jury unanimously found that the police officers did not violate any of Perez’s constitutional rights; thus, they failed to reach any issues of qualified immunity.

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).

John Burton v. Spokane Police Department

383 F. App'x 671 · Court of Appeals for the Ninth Circuit · Jun 14, 2010

Fourth Amendment The district court correctly found that the individual officers were entitled to qualified immunity with respect to their decision to strip search Burton. … However, no clearly established law informed the officers that this would be the case. See, e.g., Grummett v.

Jason Krause v. County of Yavapai

Court of Appeals for the Ninth Circuit · Jun 22, 2021

We review legal issues pertaining to qualified immunity—such as whether an asserted federal right was clearly established at a particular time—de novo. See Elder v. Holloway, 510 U.S. 510, 516 (1994). … In determining whether an officer is entitled to qualified immunity, we consider: (1) “whether the officer violated a plaintiff’s constitutional right,” and (2) “whether the constitutional right was clearly established in

Sherri Roberts v. Randy Elliott

693 F. App'x 630 · Court of Appeals for the Ninth Circuit · Jul 10, 2017

The district court correctly granted summary judgment against Roberts on the Fourth and Fifth Amendment claims on the ground that the BIA Officers had qualified immunity. … Because the BIA Officers did not violate clearly established constitutional law when they arrested Roberts pursuant to a facially valid warrant issued by the tribal court, they are entitled to qualified immunity.

Hamilton v. Nakai

453 F.2d 152 · Court of Appeals for the Ninth Circuit · Jan 18, 1972

P L. 85-547 clearly provided the three-judge district court with the authority to quiet title, and an action to quiet title is essentially a suit in equity. Sharon v. … Choctaw Tribe, 8 Cir., 1895, 66 F. 372, 373-374 , enjoy sovereign immunity and cannot be sued without the consent of Congress. The sovereign immunity of Indian tribes is coextensive with that of the United States.

William Langfitt, III v. Pierce County

Court of Appeals for the Ninth Circuit · Aug 1, 2024

Summary judgment was also properly granted because Deputy Edwards is entitled to qualified immunity. … Qualified immunity shields law enforcement from liability for civil damages when “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

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.

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.

Kykhosro Notash v. Alberto R. Gonzales, Attorney General

427 F.3d 693 · Court of Appeals for the Ninth Circuit · Nov 2, 2005

If the record of conviction does not establish that the offense is a qualifying offense, the government has failed to meet its burden, and the offense may not be used as a basis for removal. … Tokatly, 371 F.3d at 620-21 ; see also Ferreira, 390 F.3d at 1095 (“If the record of conviction does not establish that the of *700 fense the petitioner committed qualifies as an aggravated felony, the government has not

Yongyouth Ruangswang and Vanapar Ruangswang v. Immigration and Naturalization Service

591 F.2d 39 · Court of Appeals for the Ninth Circuit · Nov 2, 1978

1 year’s experience or training qualifying him to engage in such enterprise. 8 C.F.R. § 212.8 (b)(4) (1974). … Ruangswang therefore qualifies for investor status, and her husband also qualifies for exemption from labor certification as her spouse. This does not, however, resolve the matter completely.

United States v. Ramos-Medina

706 F.3d 932 · Court of Appeals for the Ninth Circuit · Jun 21, 2012

See Cortes, 299 F.3d at 1038. 4 The district court’s ultimate decision that Petitioner had not adequately accepted responsibility was not clearly erroneous. … Instead, we must look to whether Ramos’s burglary conviction qualified as a “burglary of a dwelling.”

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