Case law

Roberto v. Aguon

519 F.2d 754 · Court of Appeals for the Ninth Circuit · Jul 8, 1975

(R.T. 294). *758 Our only concern on this claimed error is whether the court’s findings are clearly erroneous. … But we need not speculate, for very clearly Guerrero did not qualify either as an expert medical witness, or as an intimate acquaintance. (People v. Levy, 71 Cal. 618 , 12 P. 791 ).

United States v. William George Howard

894 F.2d 1085 · Court of Appeals for the Ninth Circuit · Jan 25, 1990

The court also stated that Howard did not qualify as a minor participant merely because he had discussed withdrawing from the conspiracy. The facts support the court’s conclusion. … Section 994 then particularly describes the way in which the Commission is to establish the scope of each range.

State of Arizona v. Michael Andrew Elmer

21 F.3d 331 · Court of Appeals for the Ninth Circuit · Apr 4, 1994

However, Elmer’s honesty is not an issue in the case, see supra, and the State has not established its relevance to an actual issue in the case. See Hodges, 770 F.2d at 1479 . … Although a more clearly articulated statement balancing probativeness and prejudice would have been desirable, it appears from the record that the district court did the necessary weighing before suppressing the proffered

Leon Jose S. De Mesa, on Behalf of Themselves and Others Similarly Situated v. Francisco C. Castro, Edwin Meese, Iii., Defendant-Intervenor-Appellant

844 F.2d 642 · Court of Appeals for the Ninth Circuit · Apr 11, 1988

Of key significance is the “Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America.” … To implement the constitution and identify those persons who were qualified for interim citizenship, the legislature of the Northern Marianas adopted the “Certificate of Identity Act of 1978.”

OKLEVUEHA NATIVE AMERICAN CHURCH v. Holder

676 F.3d 829 · Court of Appeals for the Ninth Circuit · Apr 9, 2012

At this stage, what matters is that Plaintiffs’ allegations are sufficient to establish Oklevueha’s associational standing. … The provision could be read as authorizing only injunctive relief, and therefore “does not so clearly and unam- biguously waive sovereign immunity to private suits for dam- ages that we can ‘be certain that the State in fact

United States v. Snellenberger

493 F.3d 1015 · Court of Appeals for the Ninth Circuit · Jul 10, 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

Sabin Barendt v. Jim Gibbons

467 F. App'x 585 · Court of Appeals for the Ninth Circuit · Jan 25, 2012

immunity. … Callahan, 555 U.S. 223, 243 (2009) (state officers entitled to qualified 2 10-15954 immunity if their actions do not violate clearly established

Pocatello Education Ass'n v. Heideman

504 F.3d 1053 · Court of Appeals for the Ninth Circuit · Oct 5, 2007

Clearly, no proprietary relationship exists between the government and private mailboxes. … Various local governments, arguing that they are creatures of their respective states, have attempted to assert immunity from suit, but it is well-established that local governments are not considered arms of the state for

Quick v. Freeman Decorating Co.

55 F. App'x 450 · Court of Appeals for the Ninth Circuit · Jan 21, 2003

It is well established that the NIIA provides that workers’ compensation constitutes an employee’s exclusive remedy for an industrial injury against both the employer and his or her fellow employees. … Notwithstanding these broader concerns, Freeman clearly constituted a co-employee of Quick under Nevada’s statutory scheme.

Byerly v. Deputy Warden

246 F. App'x 512 · Court of Appeals for the Ninth Circuit · Aug 31, 2007

See 511 U.S. at 842 , 114 S.Ct. 1970 (prefacing the proposed method of proof with “[f]or example”); id. at 848 , 114 S.Ct. 1970 (“Petitioner may establish respondents’ awareness by reliance on any relevant evidence.”). … immunity.

Rudy Harris v. Frank P. Alvarado

402 F. App'x 180 · Court of Appeals for the Ninth Circuit · Oct 28, 2010

Even if we assume that Plaintiff can establish that Defendant fired him to accomplish "ethnic balancing" and that doing so was unconstitutional, Defendant is still entitled to qualified immunity. … In these circumstances, any right that Plaintiff had was not "clearly established," Pearson v. Callahan, 129 S. Ct. 808, 815 (2009), so Defendant is entitled to qualified immunity. Cf. Grossman v.

Joseph De Vincenzi v. City of Chico

592 F. App'x 632 · Court of Appeals for the Ninth Circuit · Feb 18, 2015

P. 12(b)(6) motion seeking the protection of qualified immunity. The district court denied their motion to dismiss, and this interlocutory appeal followed. … Furthermore, the officers’ duty to provide adequate medical care, including suicide prevention, was clearly established as of December 2009. See Conn, 591 F.3d at 1102.

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

Ankhenaten Ra El v. Michael Crain

399 F. App'x 180 · Court of Appeals for the Ninth Circuit · Oct 5, 2010

City of Buena Park, 560 F.3d 1012, 1023-24 (9th Cir. 2009) (officers were entitled to qualified immunity under similar circumstances). … established as of 2006, the officer defendant was protected by qualified immunity).

United States v. Luis Ocampo-Estrada

873 F.3d 661 · Court of Appeals for the Ninth Circuit · Aug 29, 2017

While these materials clearly show Ocampo pleaded guilty to California Health & Safety Code section 11378, they do not describe which controlled substance under California law Ocampo pleaded guilty to possessing for sale. … That statute sets forth the procedures for establishing prior convictions for the purpose of sentencing enhancements.

Mansourian v. Regents of the University of California

602 F. Supp. 3d 957 · Court of Appeals for the Ninth Circuit · Feb 8, 2010

[20] UCD next urges this court to conclude that the § 1983 claim against the individual defendants is precluded by the doctrine of qualified immunity. … As the district court has had no opportunity to rule on the individual defendants’ qualified immunity defense, we will not affirm on that basis.

Michael Saavedra v. L. Scribner

482 F. App'x 268 · Court of Appeals for the Ninth Circuit · Jun 6, 2012

the court must decide whether the right at issue was ‘clearly established’ at the time of defendant’s alleged misconduct.” Id. … For a right to be clearly established, the unlawfulness of official action “must be apparent” “in the light of pre-existing law.” Hope v.

State of California v. Campbell

138 F.3d 772 · Court of Appeals for the Ninth Circuit · Mar 9, 1998

Forsyth, 472 U.S. 511, 530 , 105 S.Ct. 2806, 2817-18 , 86 L.Ed.2d 411 (1985), which held that an order denying qualified immunity is immediately appealable. … immunity motions."

Ralph L. Williams and Mary Jane Williams, His Wife v. Slade Gorton and Sally Gorton, His Wife, Etc.

529 F.2d 668 · Court of Appeals for the Ninth Circuit · Jan 19, 1976

, privileges, and immunities secured by the Constitution of the United States. … It detailed how the statements were published and how they clearly referred to Williams. It also alleged the basis for diversity jurisdiction.

Thompson v. Mahre

959 F.2d 241 · Court of Appeals for the Ninth Circuit · Apr 2, 1992

Steen is entitled to qualified immunity if his decision to dispense with knock-notice was "objectively legally reasonable" in light of clearly established law. Anderson v. … The result of our affirmance on this interlocutory appeal of the district court's denial of a summary judgment motion based upon qualified immunity issue is to return the qualified immunity issue to the district court for