Case law

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.

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.

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.

Federal Deposit Insurance Corporation as Receiver of San Francisco National Bank v. David M. Glickman

450 F.2d 416 · Court of Appeals for the Ninth Circuit · Oct 28, 1971

And similarly to certain other federal instrumentalities FDIC enjoys the sovereign’s historic immunity from suit except by congressional consent. See Federal Savings and Loan Insurance Corporation v. … [RT 79], In fact, the bank records clearly refuted any claim that the alleged agent (declarant) had some connection with its operations, either as an employee, officer or director [RT 199].

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?

Michael Hayes v. Idaho Correctional Center

849 F.3d 1204 · Court of Appeals for the Ninth Circuit · Mar 3, 2017

We did not address prisoners’ rights with respect to clearly marked legal mail from a lawyer, and we explicitly declined to decide “whether mail clearly sent from a lawyer to an inmate but lacking the ‘Legal Mail’ designation … The Court never got there; instead, it decided the case on the basis of qualified immunity and left to another day the critical question of whether § 1983 covered negligent conduct. Id. at 559 n.6. See Baker v.

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.

United States v. Michael Lee Snellenberger, AKA Michael Lee Cutter, Michael Lee Davidson, Robert Eugene Frehly, Cutter Snellenberger, "Cutter"

480 F.3d 1187 · Court of Appeals for the Ninth Circuit · Apr 3, 2007

The government asserted that this prior crime qualified as one of violence under the Guidelines. … The question is not whether the documents are admissible under general rules of evidence, but whether they are adequate to meet the government’s evidentiary burden of clearly and unequivocally establishing the facts underlying

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.

Admiral Towing Company, a Corporation and Walter B. Martinson v. Theo Woolen and Dorothy E. Cone

290 F.2d 641 · Court of Appeals for the Ninth Circuit · Apr 18, 1961

Her dominion over the vessel was such as to qualify her, said the court, as an owner under the statute. … The “clearly erroneous” rule derives from Rule 52(a) of the Federal Rules of Civil Procedure, 28 U.S.C.A. viz., “In all actions tried upon the facts without a jury * * * findings of fact shall not be set aside unless clearly

Hui Mu v. William Barr

936 F.3d 929 · Court of Appeals for the Ninth Circuit · Sep 4, 2019

Mu submitted her passport with her appeal to establish her eligibility for voluntary departure. … “We may not accept an interpretation clearly contrary to the plain meaning of a statute’s text.” Id.

Arizona Electric Power Cooperative, Inc. v. United States

816 F.2d 1366 · Court of Appeals for the Ninth Circuit · May 8, 1987

The Commission believed that the capital incentive rate established by section 10729 and extended by the Staggers Act immunized both the base rate and any cost recovery increases applied to that rate. … The Commission noted that inflation recovery was not a sufficient basis to immunize the rate increases from challenge.

William B. Greene v. John Lambert

288 F.3d 1081 · Court of Appeals for the Ninth Circuit · Mar 26, 2002

Unreasonable Application of Clearly Established Federal Law Our standard of review does not change the rule of decision. … established federal law.”

Ferguson v. Greater Pocatello Chamber of Commerce, Inc.

848 F.2d 976 · Court of Appeals for the Ninth Circuit · Jun 6, 1988

The Fergusons have presented no evidence that ISU would not have given the lease to them — or any other qualified competitor of Chamber and Journal — if they had been the highest bidder. … Brown, 317 U.S. 341 , 63 S.Ct. 307 , 87 L.Ed. 315 (1943) (anticompetitive actions taken pursuant to program administered in detail by state are immune from antitrust laws).