Case law

Jocelyn Broussard v. University of California, at Berkeley, Office of Laboratory Animal Care

192 F.3d 1252 · Court of Appeals for the Ninth Circuit · Sep 20, 1999

Transgenic mice are mice that are genetically altered to have various immune deficiencies, and must be cared for according to a rigid protocol in order to ensure their health. … though factual allegations in a motion for summary judgment must be viewed in the light most favorable to the non-moving party, summary judgment is mandated if the non-moving party “fails to make a showing sufficient to establish

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.

Rice v. Cayetano

146 F.3d 1075 · Court of Appeals for the Ninth Circuit · Jun 22, 1998

He is otherwise a qualified voter, but his application was denied since he is not Hawaiian. … Further, the voter qualification at issue here— albeit clearly racial on its face — does not exclude those who ever had, now have, or ever can have any interest in the outcome of the special election for trustees (at least

United States v. Navajo Freight Lines, Inc.

525 F.2d 1318 · Court of Appeals for the Ninth Circuit · Nov 5, 1975

Local Unions, area conferences, and subordinate bodies are entitled to many rights and immunities and subject to many duties and liabilities by reason of particular provisions of the Constitution and By-laws. 2 The powers … It merely established an orderly method by which members of the discriminatee class could apply and qualify for road driver positions “when vacancies occur.”

Magiera v. Norton

108 F. App'x 542 · Court of Appeals for the Ninth Circuit · Sep 2, 2004

Plaintiffs, however, have not pointed to “statutes and regulations [that] clearly give the Federal Government full responsibility to manage Indian resources and land for the benefit of the Indiansf, and that] thereby establish … Because Plaintiffs have not directed our attention to legal documents that would establish an actionable trust relationship, they have not demonstrated a waiver of the United States’s sovereign immunity. II.

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

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.

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.

Sierra Club v. Whitman

268 F.3d 898 · Court of Appeals for the Ninth Circuit · Oct 2, 2001

Suits against the EPA, as against any agency of the United States, are barred by sovereign immunity, unless there has been a specific waiver of that immunity. Dept. of the Army v. … It is clear that the Administrator is not to establish an enforcement bureaucracy but rather to reserve his authority for the cases of paramount interest. S. Rep.

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.

R. W. v. Columbia Basin College

Court of Appeals for the Ninth Circuit · Mar 31, 2021

Qualified immunity protects government officials from civil damages liability unless their conduct violates a “clearly established” constitutional right. Pearson v. Callahan, 555 U.S. 223, 231 (2009). … We reverse the denial of qualified immunity because the right was not clearly established. R.W. offers no precedent with sufficiently similar facts. R.W.

Adamson v. Pierce County Municipality

Court of Appeals for the Ninth Circuit · Aug 1, 2025

We therefore reverse the district court’s dismissal of all claims against Prosecutor Defendants and remand for the district court to determine whether Prosecutor Defendants are entitled to qualified immunity for acts that … See Botello, 413 F.3d at 975-76 (“[W]hen prosecutors perform administrative or investigative functions, only qualified immunity is available.”). 2.

United States v. Hristov

Court of Appeals for the Ninth Circuit · Jan 26, 2005

Congress’s waiver of sovereign immunity is not unduly broadened by permitting amendment, because “[o]nce Congress waives sov- ereign immunity,” equitable civil procedure rules, such as relation back or equitable tolling, … However, the opinion clearly states that it does not address whether relation back applies to a motion lacking the required “show- [ings].” Id. at 1869 n.7.

John Doe 1 v. Donald Trump

944 F.3d 1222 · Court of Appeals for the Ninth Circuit · Dec 20, 2019

Whatever one’s views on the Presidential Proclamation as a matter of policy, the district court’s decision is clearly wrong as a matter of law. … It also provides that the “[t]he Secretary of State may establish standards and procedures governing such determinations.” Id.

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.

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 . . . .

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

United States v. State of Oregon and State of Washington, and Confederated Tribes of the Warm Spring Reservation, Plaintiffs-Intervenors-Appellees

718 F.2d 299 · Court of Appeals for the Ninth Circuit · Oct 12, 1983

Finally, we must confront whether the district court’s calculation of the deficit in the Indian share is clearly erroneous. We turn first to the mootness question. II. … The Court acknowledged that the fishing right has these two aspects when it established the guarantee of a “fair share” of the fish. See Washington v.

Joel Silva v. Merrick Garland

993 F.3d 705 · Court of Appeals for the Ninth Circuit · Mar 30, 2021

It rejected Silva’s argument that a violation of section 484(a) did not qualify as a crime involving moral turpitude for two reasons. … To qualify for CAT protection, the applicant must “establish that it is more likely than not that he or she would be tortured if removed to [the country in question].” 8 C.F.R. § 1208.16(c)(2); accord Duran-Rodriguez, 918

Housing Pioneers, Inc. v. Commissioner, Internal Revenue Service

58 F.3d 401 · Court of Appeals for the Ninth Circuit · Jun 20, 1995

To be qualified, a nonprofit must fit within § 501(c)(3) or (4). … Nothing in the record establishes such a determination by a State housing credit agency.