Case law

Sonya Renee v. Margaret Spellings

Court of Appeals for the Ninth Circuit · Jul 23, 2009

Elique, 436 F.3d 1125, 1132 (9th Cir. 2006) (court applied Nevada law in § 1983 action to determine whether a federally recognized property interest and qualified immunity existed); Rains v. … Therefore, appellants may not be able to establish a “real and immediate” injury.

13 Collier bankr.cas.2d 793, Bankr. L. Rep. P 70,763, 7 Employee Benefits Ca 1096 in Re Howard Douglas Daniel, Debtor. Howard Douglas Daniel, Debtor-Appellant v. Security Pacific National Bank, Commercial Bank of San Francisco, Leasco Capital Corporation, and Capital Reserve Leasing Corporation, Creditors-Appellees

771 F.2d 1352 · Court of Appeals for the Ninth Circuit · Sep 20, 1985

While this transaction did not violate any federal tax provisions or ERISA requirements, the debtor did not establish his ability to obtain funds commercially on as favorable a basis and therefore did not establish that the … The plan was established by the debtor's corporation under IRC Sec. 401(a), while an IRA, by contrast, must be established pursuant to IRC Sec. 219. See 26 U.S.C. Sec. 219 .

Suever v. Connell

439 F.3d 1142 · Court of Appeals for the Ninth Circuit · Mar 14, 2006

Taylor employed the sovereign immunity framework established in Malone v. … By contrast, other types of requested relief are clearly barred by the Eleventh Amendment, for example, where the relief is premised solely on the State's compliance with state law. See Pennhurst State Sch. & Hosp. v.

Chelsey Hayes v. County of San Diego

736 F.3d 1223 · Court of Appeals for the Ninth Circuit · Dec 2, 2013

Because it is unclear on the present record whether Appellant has standing to assert survival claims based on her father’s constitutional rights, we do not address the district court’s further finding of qualified immunity … Accordingly, the present evidence does not clearly establish that Hayes was threatening the deputies with the knife. Finally, it is significant that Hayes was given no warning before the deputies shot him.

Adolph G. Hoffman v. C. H. Halden, Dr. Donald E. Wair, Dr. G. F. Keller and Dr. F. Sydney Hansen

268 F.2d 280 · Court of Appeals for the Ninth Circuit · May 28, 1959

state law, if one or more of the conspirators is a state officer, then the mere fact that certain of the other conspirators are not state officers constitutes no defense to any of them under the Civil Rights statutes. 23 Clearly … “That the action depends upon or arises under the *305 laws of the United States does not preclude the application of the statute of limitations of the state is established beyond controversy by cases cited by * * * McClaine

Transue v. Aesthettech Corp

341 F.3d 911 · Court of Appeals for the Ninth Circuit · Aug 27, 2003

Miles Laboratories, Inc., the court held that blood and blood products qualify for comment k exemption. 116 Wash.2d 195 , 802 P.2d 1346, 1351 (1991) (en banc). Third, a plurality of the court in Young v. … It seems reasonable that, if the district court so thought, it would have articulated this belief during the discussion of jury instructions, in which the plaintiff clearly argued that a separate instruction should be given

Collins v. Schweitzer, Inc.

21 F.3d 1491 · Court of Appeals for the Ninth Circuit · Apr 26, 1994

Contrary to Collins’ assertion, the statute does not grant “blanket immunity” to ski area operators. … The non-Idaho cases cited by Collins to support the proposition that an agent's personal immunity from tort liability does not necessarily extend to a principal are inapposite; they deal with situations where the agent clearly

Hason v. Medical Board of California

294 F.3d 1166 · Court of Appeals for the Ninth Circuit · Jun 26, 2002

A bit of history is required to see clearly the misstep that this opinion takes. *1168 A It is beyond dispute that recent decisions of the Supreme Court, including Garrett , have fundamentally changed the landscape of Eleventh … Dare’s proportionality analysis is even less tenable, if one can call it an analysis at all: Having established the ADA’s congruence with Congress’s power to enforce the Equal Protection Clause, we turn to proportionality

Frank Borquez v. City of Tucson

475 F. App'x 663 · Court of Appeals for the Ninth Circuit · Apr 11, 2012

Therefore, Pacheco is entitled to qualified immunity. … Although we give deference to the jury’s verdict, whether a right is clearly established is a pure question of law that is reserved for a court to decide. See Trevino v. Gates, 99 F.3d 911, 917 (9th Cir. 1996).

Ambrose Gill v. Robert J. Ayers, Warden Attorney General of the State of California

322 F.3d 678 · Court of Appeals for the Ninth Circuit · Mar 6, 2003

Instead, to qualify a section 245(a)(1) conviction as a strike, the prosecution must establish that the defendant “personally inflict[ed] great bodily injury on any person, other than an accomplice, or ... personally use[ … There can be no doubt that Supreme Court precedent has clearly established that due process, including the right to be heard, applies to recidivist proceedings.

United States v. Gregory Anthony Rendon-Duarte

490 F.3d 1142 · Court of Appeals for the Ninth Circuit · Jun 20, 2007

In the absence of objection, the district court accepted the facts stated in the PSR as established by a preponderance of the evidence. … There, the court stated: [T]he caselaw in this and other circuits establishes clearly the logical connection between a convicted felon’s knowing possession of a firearm at one time and his knowledge that a firearm is present

Santiago De Lao and Frank Brito v. Joseph A. Califano, Jr., Successor to Caspar Weinberger, Secretary, Department of Health, Education, and Welfare, Arthur Ferguson v. Joseph A. Califano, Jr., Successor to Caspar Weinberger, Secretary, Department of Health, Education, and Welfare, Arthur Ferguson v. Joseph A. Califano, Jr., Successor to Caspar Weinberger, Secretary, Department of Health, Education, and Welfare, Walter J. White v. Joseph A. Califano, Jr., Successor to Caspar Weinberger, Secretary, Department of Health, Education, and Welfare

560 F.2d 1384 · Court of Appeals for the Ninth Circuit · Sep 19, 1977

Waiver of Immunity. 31 In United States v. … Retroactive relief for them is barred by sovereign immunity.

Smith v. Baldwin

Court of Appeals for the Ninth Circuit · Dec 26, 2007

I clearly recall the events relating to the burglary and this affidavit is based entirely on my first hand knowledge of those events. 3. … BALDWIN 16691 have established.

Alejandra Solis v. Ronald Oules

378 F. App'x 642 · Court of Appeals for the Ninth Circuit · May 3, 2010

Police Chief Ronald Oules (“Oules”) appeals the denial of qualified immunity. … ,” and second, “whether the right was clearly established.” 533 U.S. 194, 201 (2001).

Chief Probation Officers v. Shalala

118 F.3d 1327 · Court of Appeals for the Ninth Circuit · Jul 8, 1997

Both parties seem to agree that the issue is whether AT-95-9 was immune from the APA requirement of notice and comment, and the case was tried on that basis. … If these rules are held out as having the force of law, they are not immune from the notice and comment procedure.

T.B. ex rel. Brenneise v. San Diego Unified School District

806 F.3d 451 · Court of Appeals for the Ninth Circuit · Jul 31, 2015

On page 43 of the slip opinion, in the second full paragraph ( 795 F.3d at 1090 , final paragraph), the second sentence (beginning wpth “We have not yet clearly established ... ”) should be changed to We have not yet clearly … We have not yet clearly established the standard that a reviewing court should apply when determining whether the relief obtained in a due process hearing under the IDEA is more favorable than that offered under a settlement

96 Cal. Daily Op. Serv. 2939, 96 Daily Journal D.A.R. 4889 Freedom to Travel Campaign Medea Benjamin Pam Montanaro Walter Turner, and Christopher Gerhart Ginny Hildebrand James Hughes, Plaintiffs-Intervenors-Appellants v. R. Richard Newcomb, Director of the U.S. Treasury Department's Office of Foreign Assets Control Ronald Noble, Assistant Secretary of the Treasury for Enforcement Lloyd Bentsen, Secretary of the Treasury

82 F.3d 1431 · Court of Appeals for the Ninth Circuit · Apr 29, 1996

Under the newly amended Regulation 419, only two activities qualify as "clearly defined educational activities": (1) attendance at a meeting or conference in Cuba and (2) activities related to undergraduate and graduate study … This immunity manifests itself in a history of judicial deference. In both Sardino v.

33 Fair empl.prac.cas. 441, 32 Empl. Prac. Dec. P 33,936, 1 indiv.empl.rts.cas. 299 Deborah Lynn Thorne, Cross-Appellee v. City of El Segundo, J.C. Devilbiss, James Johnson, and John Hampton, Cross-Appellants

726 F.2d 459 · Court of Appeals for the Ninth Circuit · Nov 21, 1983

Under these circumstances, the district court's finding that plaintiff was not qualified for the position of police officer was clearly erroneous. 5 See Lynn v. … Sec. 2000e-5(f) 5 We apply the clearly erroneous standard of review to questions of whether a party has established the factual elements of a prima facie case. See Gay v.

Intel Corporation v. Commissioner

76 F.3d 976 · Court of Appeals for the Ninth Circuit · Feb 9, 1996

To qualify as a DISC, I.R.C. § 992(a)(1)(A) (1982) required that "95 percent or more of the gross receipts of such corporation consist of qualified export receipts." … Section 994 provides rules for determining the taxable income of a DISC with respect to qualified sales and leases of export property and qualified services.

Eric Schroeder v. Tranquillino Mabellos Tuiga Sialega Lee Scruton Ed Naong Keith Chavis Deanna Espinas Quincy Choy Foo and George Iranon

29 F.3d 634 · Court of Appeals for the Ninth Circuit · Jul 19, 1994

Baker, 887 F.2d at 185 . 4 Prison employees who are sued only in their official capacity are entitled to qualified immunity from civil damages so long as their conduct does not violate "clearly established statutory or constitutional … We hold that Schroeder did not have a clearly established First Amendment associational or expressive right to serve process on behalf of his fellow inmate.