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1.83s
331 F. App'x 490 · Court of Appeals for the Ninth Circuit · May 26, 2009
This finding moots Washburn’s Monell claim because it establishes that he was not injured by any alleged police department policy concerning the use of excessive force. See Saman v. … It was not clearly established at the time of Washburn’s arrest that the manner of his arrest was extraordinary; therefore. Defendants are entitled to qualified immunity on *493 this claim. See Whren v.
Cited 0 timesPublishedJames 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
Cited 1 timesUnpublished87 F.3d 327 · Court of Appeals for the Ninth Circuit · Jun 21, 1996
Snow claimed that she was disabled due to Chronic Fatigue Immune Dysfunction Syndrome (CFS), but her claim was denied. … De Remer, sent a letter to Standard in which she concluded that Snow was disabled from CFS and did qualify for long-term disability benefits.
Overruled on other grounds by Rex T. KEARNEY, Jr., Plaintiff-Appellant, v. STANDARD INSURANCE COMPANY, Defendant-Appellee, 175 F.3d 1084 (1999)Cited 106 timesPublishedUnited States v. Moses Corona-Sanchez, A/K/A Enrique Sanchez-Corona
291 F.3d 1201 · Court of Appeals for the Ninth Circuit · Jun 6, 2002
establish that the conviction is a predicate conviction for enhancement purposes.’” … To that end, courts may examine the record for “documentation or judicially noticeable facts that clearly establish that the conviction is a predicate conviction for enhancement purposes.”
Overruled in part by United States v. Rodriquez, 553 U.S. 377 (2008)Cited 326 timesPublishedUnited States v. Jorge Valdavinos-Torres
704 F.3d 679 · Court of Appeals for the Ninth Circuit · Dec 20, 2012
Second, even if Valdavinos established his removal proceedings violated his due process right to counsel, he cannot establish the prejudice required for a collateral attack under Section 1326(d)(3). … Indeed, 8 U.S.C. § 1182 clearly instructs that aliens convicted of aggravated felonies, such as Valdavinos, are ineligible for discretionary deportation relief.
Cited 106 timesPublishedCourt of Appeals for the Ninth Circuit · Dec 14, 2022
But Aguilera resolved the deputies’ claims on the first prong of the qualified immunity analysis, namely, whether there had been a violation of the officers’ constitutional rights. See Aguilera, 510 F.3d at 1171–72. … WELLS 27 E With the proper framework established, we now turn to Wells’s Garrity claim.
Cited 0 timesPublished268 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.
Cited 60 timesPublishedYongyouth 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.
Cited 55 timesPublishedKyle 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 . . . .
Cited 0 timesUnpublished608 F.2d 1319 · Court of Appeals for the Ninth Circuit · Dec 4, 1979
The argument that sovereign immunity bars this suit is no longer available. … But “developing and judging” the initial adequacy of the paper commitments can be carried out according to clearly stated criteria. 41 C.F.R. § 60-2.1 . . Farmer v.
Cited 12 timesPublishedUnited 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
Cited 10 timesPublishedUnited States v. Kevin P. Kane
876 F.2d 734 · Court of Appeals for the Ninth Circuit · May 25, 1989
The combined force of these circumstances precluded any reasonable expectation that Kane’s sentence was immune to modification in the event the Supreme Court overruled Gubiensio-Ortiz . … Even if Kane is correct that the factors expressed by the district court at sentencing could qualify as a basis for exceeding the lower end of Kane’s guideline range, this is a matter that must be considered by the district
Cited 33 timesPublished798 F.2d 1230 · Court of Appeals for the Ninth Circuit · Aug 29, 1986
As a municipality, the City could be held liable even if the good faith qualified immunity defense would shield Sperl from liability. Owen v. … Because Yagman's removal petition was clearly frivolous, the imposition of Rule 11 sanctions was unquestionably appropriate. Accordingly, Yagman's appeal from the award of those sanctions is "wholly without merit."
Cited 1 timesPublished993 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
Cited 93 timesPublishedAdler v. Federal Republic of Nigeria
219 F.3d 869 · Court of Appeals for the Ninth Circuit · May 17, 2000
That proposition is well-established by decisions of this court and others. See Berkovitz v. … "Once the plaintiff offers evidence that an FSIA exception to immunity applies, the party claiming immunity bears the burden of proving by a preponderance of the evidence that the exception does not apply.” Joseph v.
Cited 17 timesPublishedHousing 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.
Cited 2 timesPublished108 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.
Cited 0 timesPublished161 F.3d 1226 · Court of Appeals for the Ninth Circuit · Dec 7, 1998
Kennedy’s particular auto-immune disorder, atypical SLE. The fact that a cause-effect relationship between Zyderm and lupus in particular has not been conclusively established does not render Dr. … Spindler’s proffered testimony clearly meets the requirement, as Dr. Spin-dler was prepared to testify that based on “reasonable medical probability” Zyderm caused Mrs. Kennedy’s immunological injuries. IV.
Cited 186 timesPublishedCourt 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.
Cited 0 timesPublishedWashington State Department of Game v. Interstate Commerce Commission
829 F.2d 877 · Court of Appeals for the Ninth Circuit · Oct 6, 1987
We are therefore unable to find that Congress has expressed itself clearly on the issue before us. B. Permissible Interpretation? … If interim use of an established right-of-way consistent with the National Trails System Act is feasible, and if a State, political subdivision, or qualified private organization is prepared to assume full responsibility
Cited 23 timesPublished
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