Case law

Danny Monts v. Gregory Millard

570 F. App'x 677 · Court of Appeals for the Ninth Circuit · Apr 18, 2014

As to qualified immunity, the right at issue here was clearly established before the relevant time, McElyea v. … Accordingly, our disposition should not be read as taking a position on whether Monts will ultimately prevail on the merits or whether the chaplains will ultimately prevail on qualified immunity.

Tahoe-Sierra Preservation Co. v. Tahoe Regional Planning Agency

911 F.2d 1331 · Court of Appeals for the Ninth Circuit · Aug 27, 1990

In any event, the reasonableness of the delay and the diligence of the government's efforts are clearly questions of fact that cannot be resolved at this point in the proceedings. … When they act administratively, however, they are only entitled to qualified immunity. Cinevision Corp. v. City of Burbank, 745 F.2d 560, 577-78, 580 (9th Cir.1984).

Robert Y. MORITA, Plaintiff-Appellant, v. SOUTHERN CALIFORNIA PERMA-NENTE MEDICAL GROUP, Defendant-Appellee

541 F.2d 217 · Court of Appeals for the Ninth Circuit · Aug 17, 1976

Even if it were effective, the record discloses that Dommermuth was better qualified than Morita for the position. … Such treatment clearly does not constitute racial discrimination. The trial court has wide discretion in the admission or exclusion of collateral evidence. See United States v.

Wayne Chung v. Barbara Johnston

441 F. App'x 536 · Court of Appeals for the Ninth Circuit · Jul 6, 2011

Dismissal of Chung’s federal constitutional claims was proper on the basis of absolute immunity. … Katz, 533 U.S. 194, 201 (2001) (defendants are entitled to qualified immunity for conduct that does not violate a clearly-established constitutional right).

Brett Vernon v. City of Santa Barbara

485 F. App'x 221 · Court of Appeals for the Ninth Circuit · Jul 5, 2012

“We review a district court’s grant of summary judgment, determination of qualified immunity, and probable cause findings de novo.” Franklin v. Fox, 312 F.3d 423, 436 (9th Cir. 2002). … , (2) which was “clearly established” at the time of the Defendants’ alleged misconduct.

Valdez-Camacho v. Ashcroft

110 F. App'x 808 · Court of Appeals for the Ninth Circuit · Sep 29, 2004

Under the modified categorical approach, “courts may examine the record for documentation or judicially noticeable facts that clearly establish that the conviction is a predicate conviction for enhancement purposes.” … Valdez-Camacho’s judgment of conviction therefore establishes that he was convicted for having sex with a 15-year-old. Under our case law, sexual conduct with a 15-year-old qualifies as “sexual abuse of a minor.”

Vallabhbhai Kanji Patel, and Ramanlal Maganlal Naik v. Immigration & Naturalization Service

790 F.2d 786 · Court of Appeals for the Ninth Circuit · May 29, 1986

That Act also established six preferences — or priorities— within this quota. Immigrant visas are allocated to the preference classes by numerical order of priority. … The petitioners contend that they clearly come within the meaning of the phrase because they are now in this country.

Aguon-Schulte v. Guam Election Com'n.

469 F.3d 1236 · Court of Appeals for the Ninth Circuit · Nov 28, 2006

. § 1447 (c) and invoking the grounds specified therein that removal was improvident and without jurisdiction are usually immune from review under § 1447(d). … This qualifies as a "defect" in a removal procedure, one of the grounds listed in 28 U.S.C. § 1447 (c). California v. NRG Energy Inc., 391 F.3d 1011, 1023 (9th Cir.2004).

Brian Dennis Shannon v. Anthony Newland, Warden

410 F.3d 1083 · Court of Appeals for the Ninth Circuit · Jun 8, 2005

If the killing is of the intent-to-kill variety, then the existence of “heat of passion” clearly reduces the charge to voluntary manslaughter. … Johnson establishes that a state-court decision can, in some circumstances, qualify as a fact. .There is, however, a crucial difference between Johnson and this case.

38 Fair empl.prac.cas. 1170, 37 Empl. Prac. Dec. P 35,483 Frank Atonio, Eugene Baclig, Randy Del Fierro, Clarke Kido, Lester Kuramoto, Alan Lew, Curtis Lew, Robert Morris, Joaquin Arruiza, Barbara Viernes, as Administratrix of the Estate of Gene Allen Viernes, and All Others Similarly Situated v. Wards Cove Packing Company, Inc., Castle & Cooke, Inc., and Columbia Wards Fisheries

768 F.2d 1120 · Court of Appeals for the Ninth Circuit · Aug 16, 1985

However, defendants have established that the relatives hired in at-issue jobs were highly qualified for the positions in which they were hired and were chosen because of their qualifications." … But it is not necessary that plaintiffs' statistics show that they were the best qualified.

Academy of Country Music v. Continental Casualty Company

991 F.3d 1059 · Court of Appeals for the Ninth Circuit · Mar 22, 2021

In holding that the district court’s initial order was not reviewable, we clearly stated that we were construing § 1447(c). … ’ the jurisdictional amount, because it failed to ‘allege facts adequate to establish’ the amount.”

Anderson v. Mullaney, Commissioner of Taxation of Territory of Alaska

191 F.2d 123 · Court of Appeals for the Ninth Circuit · Nov 5, 1951

course of business and that their movement' is one of established regularity. … Witsell, supra, as authority for its conclusion that the tax established by the ■ Alaska statute did not burden interstate commerce.

Ranjit John Singh Chand Kumari, A/K/A Chand Kumari Singh Renika Singh v. Immigration and Naturalization Service

94 F.3d 1353 · Court of Appeals for the Ninth Circuit · Sep 6, 1996

IV To qualify for asylum, an applicant must establish “refugee” status. 8 U.S.C. § 1158 (a). A “refugee” is defined under the Act as a person “who is unable or unwilling to return to ... … They will qualify for asylum derivatively if Singh qualifies for asylum. 8 C.F.R. § 208.21 (a). 2 . The application was deemed an application for withholding of deportation as well as asylum. 8 C.F.R. § 208.3 (b). 3 .

Matt Yamashita v. Lg Chem, Ltd.

62 F.4th 496 · Court of Appeals for the Ninth Circuit · Mar 6, 2023

First, LGC and LGCA’s shipments to and through the port of Honolulu qualified as purposeful availment. Second, LGC’s involvement in the sale of residential solar batteries in Hawaii qualified as purposeful availment. … These contacts also clearly qualify as purposeful availment. Third, Yamashita points to the various consumer products sold in Hawaii containing LGC’s 18650 lithium- ion batteries.

Paris Holloway v. Bartman Horn

701 F. App'x 608 · Court of Appeals for the Ninth Circuit · Jul 7, 2017

Defendant-Appellants moved to dismiss on the basis of qualified immunity, which the district court denied. They now appeal that denial. … United States, 927 F.2d 1504, 1511 (9th Cir. 1991) (denying qualified immunity where officers shot “an unarmed and injured felon lying or kneeling on the floor”).

Black Faculty Ass'n of Mesa College v. San Diego Community College District

664 F.2d 1153 · Court of Appeals for the Ninth Circuit · Dec 28, 1981

Because no injury to BFA is established in the record, we conclude that BFA failed to establish standing to sue in its own right. 2. … Because the trial judge’s findings are contrary to the facts produced at trial, his findings are clearly erroneous. .

Federal Savings and Loan Insurance Corporation v. John L. Molinaro, and Kurahara & Morrissey, Real Party in Interest-Appellant

923 F.2d 736 · Court of Appeals for the Ninth Circuit · Jan 17, 1991

The basis articulated for dismissal of those claims was sovereign immunity. … United Financial Group, 559 F.2d 557, 560 (9th Cir.1977) Molinaro's Sixth Amendment right to counsel of choice in his criminal action is a qualified right.

Rosemary Verdugo v. Target Corporation

Court of Appeals for the Ninth Circuit · Oct 28, 2014

We determined that California law did not clearly answer the question whether Target was required to have AEDs in its stores and viewed “the California Supreme Court [as] better positioned to address [this] major question … Because little training is involved, and many of the devices provide audio step-by-step instructions, it would not be difficult for big box stores to provide the minimum training required to qualify for immunity from liability

L.J. Stephens G. Maxine Stephens v. City of Vista Orbee Mihalek Gloria E. McClellan Robert C. K. Foo

994 F.2d 650 · Court of Appeals for the Ninth Circuit · Aug 4, 1993

The Q designation or “Q overlay” required that once the zone was established, a “site development plan” had to be submitted to the City Planning Commission instead of simply to the City Planning staff. … The court also denied the § 1983 claim against Mayor McClellan holding that she had qualified immunity. 4 .

Leandro Andrade v. Attorney General of the State of California Ernest B. Roe, Warden

270 F.3d 743 · Court of Appeals for the Ninth Circuit · Nov 2, 2001

We determine de novo what is “clearly established federal law, as determined by the Supreme Court of the United States.” LaJoie v. … If the federal law is not clearly established at the time of the state court determination, § 2254(d)(1) bars relief. Vasquez v.