Case law

United States v. David Paul Colussi

22 F.3d 218 · Court of Appeals for the Ninth Circuit · Apr 18, 1994

Therefore, the burden is on the Government to establish that the right sentence was imposed because Colussi was ineligible for the third level of reduction. … The sentencing guidelines require a one point reduction where 1) a defendant has already established that he qualifies for a two point reduction for acceptance of responsibility pursuant to section 3El.l(a); 2) the defendant

Bueche By and Through Bueche v. Santa Cruz Seaside, Co., Inc.

52 F.3d 332 · Court of Appeals for the Ninth Circuit · Apr 17, 1995

California case law clearly holds that the buildup of sand along a beach is a natural condition whether or not there is increased deposition caused by off-site improvements. … Yet the two quoted paragraphs of the voluntary assumption of duty instruction clearly directed the jury to determine whether or not a City employee caused the breach.

Juan Melgoza Guerrero v. Matthew Whitaker, Acting Attorney General

908 F.3d 541 · Court of Appeals for the Ninth Circuit · Nov 9, 2018

The second feature concerned the “uncertainty about how much risk it takes for a crime to qualify as a violent felony.” Id. at 2558. … There, we held that the petitioner “must establish that no set of circumstances exists under which the statute would be valid.” Alphonsus, 705 F.3d at 1042 (brackets omitted) (quoting United States v.

White Mountain Apache Tribe v. Williams

810 F.2d 844 · Court of Appeals for the Ninth Circuit · Feb 7, 1984

Such an action would clearly not be barred by section 1341. See, e.g., Moe, 425 U.S. at 474-75 , 96 S.Ct. at 1641-42 . … However, it is doubtful whether the Tribe qua sovereign would qualify as a “citizen of the United States or other person" eligible to bring an action under section 1983 for deprivation of its rights, privileges, or immunities

Steven N.S. Cheung, Inc. v. United States

545 F.3d 695 · Court of Appeals for the Ninth Circuit · Sep 23, 2008

Section 7426(g) provides for the recovery of interest on a judgment of wrongful levy “at the overpayment rate established under section 6621.” … However, insofar as § 6621(a)(1) is concerned, that provision is not a waiver of immunity from an award of interest.

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).

Brandon Austin v. University of Oregon

925 F.3d 1133 · Court of Appeals for the Ninth Circuit · Jun 4, 2019

Sch., 503 U.S. 60, 75 (1992) (relying on a Title VII case to determine whether sexual harassment qualified as discrimination under Title IX); Emeldi v. … They signed a Special Choice of 7 Because there were no due process violations, we need not reach the issue of qualified immunity. 14 AUSTIN V.

Hagans v. Clark

752 F.2d 477 · Court of Appeals for the Ninth Circuit · Feb 1, 1985

Specifically, the plaintiff insists that Hagans II established that the fourth element of the McDonnell Douglas test is met merely by showing that a similarly qualified male was hired instead of her. 1 This misreads Hagans … We need not decide whether the de novo or clearly erroneous standard is proper because we conclude that under either standard the district court correctly determined that the plaintiff failed to establish a prima facie case

Uhuru'sekou Obataiye-Allah v. Heidi Steward

Court of Appeals for the Ninth Circuit · May 25, 2021

Instead, the district court found that defendants were entitled to qualified immunity “[t]o the extent any constitutional claims seeking money damages survive.” … Luna, 577 U.S. 7, 11-12 (2015) (per curiam) (discussing qualified immunity; explaining that a clearly established right “is one that is sufficiently clear that every reasonable official would have understood that what he

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 .

MacArio Moreno-Morante v. Alberto R. Gonzales, Attorney General

490 F.3d 1172 · Court of Appeals for the Ninth Circuit · Jun 21, 2007

The BIA adopted and affirmed the IJ’s decision regarding “[Moreno’s] failure to establish a qualifying relative for cancellation of removal” and specifically rejected his request for a remand to the IJ to allow Moreno “to … Our immigration law and policy clearly provide that an alien parent may not derive immigration benefits through his or her child who is a United States citizen.

Mottola v. Nixon

464 F.2d 178 · Court of Appeals for the Ninth Circuit · Jul 13, 1972

However, we do not think that the reservists in the present case have established a similarly logical link between their status as reservists and the power of the President as Commander-in-Chief. … in Vietnam, as a matter of law the congressional power ‘to raise and support armies’ and ‘to provide and maintain a navy’ is a matter quite distinct from the use to which the Executive makes of those who have been found qualified

Carrillo v. Colombi-Monguio

862 F.2d 318 · Court of Appeals for the Ninth Circuit · Nov 3, 1988

DENIAL OF MOTION FOR SUMMARY JUDGMENT 6 A denial of a motion for summary judgment that was based on qualified immunity is a "collateral order" and is therefore appealable under section 1291. Mitchell v. … We have jurisdiction only to decide if defendant's conduct violated [plaintiff's] clearly established constitutional rights."). 7 At the time of Carrillo's termination in September 1985, it was clearly established that a

Angel Goff v. Juan Ramirez, Jr.

Court of Appeals for the Ninth Circuit · Feb 13, 2020

Ramirez argues that he has statutory immunity from Goff’s tort claims under Ariz. Rev. Stat. § 31-201.01(F), and that he has qualified immunity from Goff’s § 1983 claims. … Qualified immunity protects government officials acting in their official capacities from civil liability unless their conduct violates “clearly established statutory or constitutional rights of which a reasonable person

Lisa Close v. City of Vacaville

Court of Appeals for the Ninth Circuit · Apr 21, 2021

I The district court properly granted summary judgment to Tan on Close’s unlawful arrest claim on qualified immunity grounds.1 An officer is entitled to qualified immunity if “it is reasonably arguable that there … was clearly established at the time of the incident.

Orient S. S. Co. v. Mitsubishi Shoji Kaisha, Ltd.

71 F.2d 752 · Court of Appeals for the Ninth Circuit · Jun 15, 1934

In the case at bar there could be no question as to tho liability of the vessel owner from the established facts of the ease, but for tho immunity afforded by that act. … A qualified naval architect, likewise called by the appellant, computed the maximum sheer over the entire after deck to be 6% inches, and, in a 40-foot section, % inch.

Reina-Rodriguez v. United States

655 F.3d 1182 · Court of Appeals for the Ninth Circuit · Sep 13, 2011

establish that the conviction is a predicate convic- tion for enhancement purposes.’ ” United States v. … [5] Thus, the relevant inquiry is whether the judicially noticeable documents establish that the conviction necessarily includes all of the elements of the qualifying offense. Rosas- Castaneda v.

Dougal Samuels v. Pam Ahlin

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

See Ashcroft v. al-Kidd, 563 U.S. 731, 735 (2011) (explaining two-part test for qualified immunity); Hines v. … Youseff, 914 F.3d 1218, 1229-30 (9th Cir. 2019) (existing Valley Fever cases did not clearly establish a “right to be free from heightened exposure to Valley Fever spores”); Casey v.

Trinita Farmer v. Kenneth Lopera

Court of Appeals for the Ninth Circuit · Jul 22, 2021

As a result, Lopera is not entitled to summary judgment based on qualified immunity. … COURT OF APPEALS I agree with the court that Officer Lopera is not entitled to summary judgment on his qualified-immunity defense at this time.

43 Fair empl.prac.cas. 1256, 43 Empl. Prac. Dec. P 37,073 Joanna R. Arnold v. United States of America, United States Postal Service and Orvene Carpenter

816 F.2d 1306 · Court of Appeals for the Ninth Circuit · May 5, 1987

She points out that the trend has been toward recognizing a defense of qualified rather than absolute immunity and suggests that no legitimate reason mandates treating claims of constitutional violations, when officials are … entitled to only qualified immunity, differently from state claims.