Case law

Timothy Larios v. Scott Lunardi

Court of Appeals for the Ninth Circuit · May 19, 2021

I In evaluating a grant of qualified immunity, we address two questions: first, whether there was a constitutional violation, and second, “whether the constitutional right was clearly established in light of the … established for purposes of the qualified immunity analysis.

Brenda Lee Nadell Brian Sidney Nadell, Hugh M. Davis Curt Obront William Whitehead, III Robert J. Kossack, Intervenors v. Las Vegas Metropolitan Police Department S. Leyba, Officer M. Etherton, Officer G. Zeil, Officer, Brenda Lee Nadell Brian Sidney Nadell, Hugh M. Davis Curt Obront William Whitehead, III Robert J. Kossack, Intervenors v. Las Vegas Metropolitan Police Department S. Leyba, Officer, M. Etherton, Officer G. Zeil, Officer

268 F.3d 924 · Court of Appeals for the Ninth Circuit · Oct 5, 2001

immunity if the right infringed was "clearly established at the time of the alleged violation," Wilson v. … The right to be free of government retaliation for the exercise of First Amendment activity, a category within which the right to petition the government falls, was clearly established at the time Nadell filed her complaint

In Re Insurance Antitrust Litigation. Ace Check Cashing, Inc. Acme Corrugated Box Company, Inc. Anastasios Markos, T/a Municipal Exxon Bay Harbor Park Homeowner's Association, Inc. Bensalem Township Authority Big D Building Supply Corporation, Private and State of Alabama v. Aetna Casualty and Surety Company Allstate Insurance Company Cigna Corp. Hartford Fire Insurance Company, State of California City of Lafayette City and County of San Francisco County of San Benito, and State of Alabama v. Aetna Casualty and Surety Company Allstate Insurance Company Cigna Corp. Hartford Fire Insurance Company, State of California City of Lafayette City and County of San Francisco County of San Benito v. Insurance Services Office, Inc., Cna Re (u.k.) Ltd. Continental Reinsurance Corporation Union-America Insurance Co. Edwards & Payne Ltd. Excess Insurance Co., Ltd. General Reinsurance Corp. Thomas A. Greene & Company, Inc. Kemper Reinsurance London Lloyd's Underwriters & Brokers Mercantile & General Reinsurance Company of America North American Reinsurance Corporation Oxford Syndicate Mgmt. Ltd. (Sued Herein as K.F. Adler & Others (u.a.) Ltd.) Prudential Reinsurance Reinsurance Association of America Terra Nova Insurance Co. Aetna Casualty and Surety Company Allstate Insurance Company Winterthur Reinsurance Corporation of America Cigna Corp. Hartford Fire Insurance Company, State of New York Roosevelt Island Operating Authority Village of Groton Village of Lake Success v. Hartford Fire Insurance Company Aetna Casualty and Surety Company Cigna Corp. Allstate Insurance, Commonwealth of Massachusetts Town of Hanover Town of Milford v. Hartford Fire Insurance Company Aetna Casualty and Surety Company Cigna Corp. Allstate Insurance State of Minnesota v. Hartford Fire Insurance Company Aetna Casualty and Surety Company Cigna Corp. Allstate Insurance, State of West Virginia City of Clay County of Hancock County of Mineral County of Wirt v. Hartford Fire Insurance Company Aetna Casualty and Surety Company Cigna Corp. Allstate Insurance, State of Wisconsin v. Hartford Fire Insurance Company Aetna Casualty and Surety Company Cigna Corp. Allstate Insurance, City of Mobile State of Alabama City of Birmingham v. Aetna Casualty and Surety Company Winterthur Reinsurance Corporation of America Cigna Corp. Hartford Fire Insurance Company Allstate Insurance, State of Arizona v. Hartford Fire Insurance Company Allstate Insurance Aetna Casualty and Surety Company Cigna Corp., State of Maryland v. Hartford Fire Insurance Company Allstate Insurance Aetna Casualty and Surety Company Cigna Corp., State of Washington County of Cowlitz v. Hartford Fire Insurance Company Allstate Insurance Aetna Casualty and Surety Company Cigna Corp., State of New Jersey v. Hartford Fire Insurance Company Allstate Insurance Aetna Casualty and Surety Company Cigna Corp., State of Colorado v. Winterthur Reinsurance Corporation of America Aetna Casualty and Surety Company Cigna Corp. Hartford Fire Insurance Company Allstate Insurance, State of Ohio Township of Jackson County of Hardin v. Hartford Fire Insurance Company Allstate Insurance Aetna Casualty and Surety Company Cigna Corp., State of Connecticut v. Hartford Fire Insurance Company Allstate Insurance Aetna Casualty and Surety Company Cigna Corp., Commonwealth of Pennsylvania County of Schuylkill City of Altoona City of York Borough of Chambersburg v. Hartford Fire Insurance Company Allstate Insurance Aetna Casualty and Surety Company Cigna Corp., State of Alaska v. Hartford Fire Insurance Company Allstate Insurance Aetna Casualty and Surety Company Cigna Corp., State of Montana County of Teton v. Hartford Fire Insurance Company Allstate Insurance Aetna Casualty and Surety Company Cigna Corp., State of Michigan v. Hartford Fire Insurance Company Allstate Insurance Aetna Casualty and Surety Company Cigna Corp., State of Louisiana, Cities of Baton Rouge, New Orleans, Slidell, Nachitoches and Eunice v. Hartford Fire Insurance Company Allstate Insurance Aetna Casualty and Surety Company Cigna Corp.

938 F.2d 919 · Court of Appeals for the Ninth Circuit · Jun 18, 1991

Consequently, McCarran-Ferguson Act immunity does not attach to the foreign defendants. … The relevant states, they argue, had a clearly articulated policy to displace competition with regulation when they permitted "the collective development" of insurance policy forms and actively supervised the contents of

Spears v. Stewart

283 F.3d 992 · Court of Appeals for the Ninth Circuit · Mar 20, 2002

directly to whether the constitutional right was clearly established. … The supreme court shall establish and maintain a list of qualified candidates.

Marcellas Hoffman v. Preston

26 F.4th 1059 · Court of Appeals for the Ninth Circuit · Feb 28, 2022

Congress recognized that in some instances, defendants may be immune from monetary relief in suits relating to prison conditions, but Congress did not define when this immunity applies. … This argument is clearly incompatible with the purpose and history of Bivens actions.

Hershel CLADY, Et Al., Plaintiffs-Appellants, v. COUNTY OF LOS ANGELES, Defendant-Appellee

770 F.2d 1421 · Court of Appeals for the Ninth Circuit · Nov 13, 1985

It is uncertain what standard of review applies to plaintiffs’ establishment of a prima facie case. Compare Peters v. Lieuallen, 746 F.2d 1390, 1392 (9th Cir. 1984) (clearly erroneous) with Moore v. … However, they failed to demonstrate that the court’s finding of job-relatedness was clearly erroneous. Nor did they establish an alternative selection device having comparable business utility and less adverse impact.

Jacqueline Shiplet v. Ann Veneman

383 F. App'x 667 · Court of Appeals for the Ninth Circuit · Jun 14, 2010

For ease of reference, we refer to the FSA throughout this memorandum. 2 1984, 1994, and 1995, as Shiplet was not qualified for credit at the outset. … The district court’s findings that Shiplet was ineligible for credit and that her loan applications were infeasible were not clearly erroneous.

Chuen Piu Kwong v. Holder

671 F.3d 872 · Court of Appeals for the Ninth Circuit · Dec 7, 2011

This definition clearly required that each prohibited entry be of an inhabited structure. … Sufficiency of Abstract of Judgment to Establish Conviction for First-Degree Burglary In United States v.

Rose Gordon, as Administratrix of the Estate of Angelina Miller v. Ilwu-Pma Benefit Funds

616 F.2d 433 · Court of Appeals for the Ninth Circuit · Apr 3, 1980

At date of death the deceased longshoreman must have had a dependent or dependents qualified to receive the benefit. . 6. The benefit will be paid to the qualified dependent or dependents as provided hereafter: *436 A. … Any failure of the trustees to disclose or report adequately to the Millers clearly was an omission that occurred before January 1, 1975.

University Medical Center of Southern Nevada v. Tommy G. Thompson, Secretary United States Department of Health and Human Services

380 F.3d 1197 · Court of Appeals for the Ninth Circuit · Aug 20, 2004

Congress ultimately established two methods by which hospitals can qualify for additional payments. … UMC argues that the statute clearly requires the exclusion of Medicare and Medicaid payments from net inpatient care revenues.

Young Han v. City of Folsom

551 F. App'x 923 · Court of Appeals for the Ninth Circuit · Jan 8, 2014

An officer is entitled to qualified immunity unless he violates a person’s clearly established constitutional or statutory rights. See Pearson v. Callahan, 555 U.S. 223, 231–32 (2009). … Accordingly, the district court correctly granted summary judgment in the officers’ favor on the alternative basis of qualified immunity.

Kelly Lorenz v. County of San Bernardino

Court of Appeals for the Ninth Circuit · Jun 11, 2024

The district court concluded that the County Officers were entitled to qualified immunity on Plaintiffs’ Fourth Amendment claim because the officers had probable cause to arrest Plaintiffs under either California Penal … Officials are entitled to qualified immunity “unless (1) they violated a *** The Honorable Sidney A.

Estate of Adams

133 F.3d 926 · Court of Appeals for the Ninth Circuit · Jan 7, 1998

Qualified Immunity 12 A district court's decision regarding qualified immunity is reviewed de novo. Elder v. Holloway, 510 U.S. 510, 516 (1994). … Id. 13 The determination of qualified immunity involves a 2-step inquiry: 14 1 Was the law governing the official's conduct clearly established?

Adler 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.

Manuel Nevarez v. Ron Barnes

749 F.3d 1124 · Court of Appeals for the Ninth Circuit · Apr 25, 2014

Mathis, 519 U.S. 433 (1997) – clearly establish that amended Section 2933.6 violates his ex post facto rights. … Thus, given the limited precedential value of summary dispositions and the differences between Greenfield and this case, it does not qualify as “clearly established federal law” for purposes of AEDPA. AFFIRMED.

Denise Thomas & Willie Lavon Thomas v. Newton International Enterprises Southern Shipping Management (Chile) Ltd.

42 F.3d 1266 · Court of Appeals for the Ninth Circuit · Dec 14, 1994

It is clear from the face of the declaration that Kuvakas was qualified to give expert testimony. … As the terms of the rule state, an expert may be qualified either by “knowledge, skill, experience, training, or education.”

Powers v. McDonough

Court of Appeals for the Ninth Circuit · Sep 11, 2026

We recognized that no statutory text expressly established a cause of action. See id. at 787. … The Supreme Court has established that “an otherwise qualified handicapped individual must be provided with meaningful 52 POWERS V.

Gerry Fleisher, and Cross-Appellee v. City of Signal Hill, Michael McCrary and Richard Diaz, and Cross-Appellants

829 F.2d 1491 · Court of Appeals for the Ninth Circuit · Oct 14, 1987

The City also contends that the district court improperly instructed the jury on qualified immunity, on the fourteenth amendment, and on imputed knowledge. … Because the net effect of this opinion is to deny Fleisher any recovery, discussion of punitive damages, qualified immunity, the fourteenth amendment jury instruction, and imputed knowledge would be superfluous, and we see

Eleuterio MARTINEZ, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-Appellee

807 F.2d 771 · Court of Appeals for the Ninth Circuit · Jan 16, 1987

III ANALYSIS To qualify for disability benefits, the claimant must establish that a medically determinable physical or mental impairment prevents him from engaging in substantial gainful activity. … The vocational expert in the Graves case testified that the claimant could qualify for between 750 and 1,000 jobs.

In Re Cleve Jackson Howell, Bankrupt. Frank Mirgon, Elaine Mirgon v. Cleve Jackson Howell, Defendant-Respondent

638 F.2d 81 · Court of Appeals for the Ninth Circuit · Aug 21, 1980

Neither child is mentally or physically handicapped, though testimony established that his son, age 23, was unable to find or maintain employment. … Archambault, 38 Cal.App. 365 , 176 P. 180 (1918) (a grandmother qualified her grandson as head of household), and Connell v.