Case law

Barnes v. Yahoo, Inc.

Court of Appeals for the Ninth Circuit · May 7, 2009

immunity. … Toledo, 446 U.S. 635, 640 (1980) (“Since qualified immunity is a defense, the burden of pleading it rests with the defen- dant.”).

USS-POSCO Industries v. Contra Costa County Building & Construction Trades Council

31 F.3d 800 · Court of Appeals for the Ninth Circuit · Jul 26, 1994

Had this been sufficient to establish the union’s entitlement to the labor exemption, the Court could have stopped right there. … In those contexts, immunity from antitrust liability is lost only if a party engages in “sham” petitioning.

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).

Sunkist Growers, Inc. v. Adelaide Shipping Lines, Ltd., Claimant-Appellee, and Salen Reefer Services Ab, and M/v Gladiola

603 F.2d 1327 · Court of Appeals for the Ninth Circuit · Apr 19, 1979

Those cases held that the immunities in Section 3 of the Harter Act were granted only if the carrier first established that all of its employees exercised due diligence to make the vessel in all respects seaworthy. … RIGHTS AND IMMUNITIES 1.

United States v. Tainewasher

Court of Appeals for the Ninth Circuit · Oct 10, 2025

Similarly, in the context of qualified immunity, we ask whether a defendant violated “clearly established” law. Shooter v. Arizona, 4 F.4th 955, 961 (9th Cir. 2021). … Even in the “absence of ‘binding precedent,’ we ‘may look to decisions from the other circuits’ to determine whether they reflect a ‘consensus of courts’ that can be said to clearly establish the relevant law.’”

Ricardo J. Bordallo, Governor of Guam v. George W. Baldwin, Jr.

624 F.2d 932 · Court of Appeals for the Ninth Circuit · Aug 4, 1980

Defendants argue that the Governor’s general appointive power as set forth in Section 1422c(a), was clearly intended to be subject to legislative action, otherwise Congress would not have included the phrase “except as otherwise … hereafter to be organized shall not pass local or special laws in any of the following enumerated cases, that is to say: ‘. . . granting to any corporation, association, or individual any special or exclusive privilege, immunity

Reno Tamalini v. Belinda Stewart

249 F.3d 895 · Court of Appeals for the Ninth Circuit · May 8, 2001

Even if Tamalini exhausted his state remedies, “we may reverse a state court’s decision denying relief only if that decision is ‘contrary to, or involves an unreasonable application of, clearly established federal law as … Accordingly, the decision of the Washington Court of Appeals to appoint new counsel over Tamalini’s Sixth Amendment objection was not contrary to, nor did it involve an unreasonable application of, clearly established federal

Veterans for Common Sense v. Shinseki

663 F.3d 1033 · Court of Appeals for the Ninth Circuit · May 10, 2011

We rely on the facts as they were found by the district court, except to the extent those findings were clearly erroneous. Preminger v. … Clearly v. Brown, 8 Vet. App. 305, 308 (1995) (emphasis added); see also Dacoran v. Brown, 4 Vet.

Robert Johnson v. Robert Heins

Court of Appeals for the Ninth Circuit · Feb 9, 2021

“With respect to qualified immunity determinations on summary judgment, we assess whether the contours of [the plaintiff’s rights] were clearly established with respect to the alleged misconduct.” Id. … Defendants are not entitled to qualified immunity on this claim, as it was clearly established at the time of their alleged conduct that “an unprovoked and unjustified attack by a prison guard” violates the Eighth Amendment

United States of America Ex Rel., Harold R. Fine v. Chevron, U.S.A., Inc. Bechtel Petroleum Operations, Inc. And Williams Brothers Engineering Company, United States of America Ex Rel., Harold R. Fine v. The University of California, and the Board of Regents of the University of California

39 F.3d 957 · Court of Appeals for the Ninth Circuit · Nov 2, 1994

The district court's factual findings on jurisdictional issues must be accepted unless clearly erroneous. … The IGA established independent offices within various federal departments and agencies. Id. at Sec. 2. These offices are charged with monitoring, investigating, and reporting fraud.

47 Fed. R. Evid. Serv. 524, 97 Cal. Daily Op. Serv. 5385, 97 Daily Journal D.A.R. 8731 Vernon Masayesva, Chairman of the Hopi Tribal Council of the Hopi Indian Tribe, for and on Behalf of the Hopi Indian Tribe v. Albert Hale, President of the Navajo Nation Navajo Nation, Ferrell Secakuku, Chairman of the Hopi Tribal Council of the Hopi Indian Tribe, Plaintiff-Appellant-Cross-Appellee v. Albert Hale, President of the Navajo Nation Navajo Nation United States of America, Defendants-Appellees-Cross-Appellants. Ferrell Secakuku, Chairman of the Hopi Tribal Council of the Hopi Indian Tribe, Plaintiff-Appellee-Cross-Appellant v. Albert Hale, President of the Navajo Nation Navajo Nation United States of America, Defendants-Appellants-Cross-Appellees

118 F.3d 1371 · Court of Appeals for the Ninth Circuit · Jul 8, 1997

The evidence clearly established that the market for most of the corn was in the nature of personal consumption, and only a small percentage of the crops were sold commercially. … The district court did not clearly err in finding that the damages award was not excessive. 58 Finally, the Navajo challenge the testimony of expert John Workman, contending, as they did in the use case, that he is not qualified

United States v. Crawford

Court of Appeals for the Ninth Circuit · Mar 28, 2008

Under the modified categorical approach, the prior offense may qualify as a career offender predicate offense if “ ‘docu- mentation or judicially noticeable facts . . . clearly establish that the conviction is a predicate … CRAWFORD 3211 government has the burden to establish clearly and unequivo- cally that the conviction was based on all of the elements of a qualifying predicate offense.” Kovac, 367 F.3d at 1119.

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

Adree Edmo v. Corizon, Inc.

935 F.3d 757 · Court of Appeals for the Ninth Circuit · Aug 23, 2019

In other words, the district court did not clearly err in making its credibility determinations, so it is not our role to reevaluate them. … CORIZON 65 does not immunize officials from the Eighth Amendment’s requirements. See Lopez v.

United States v. Guzman-Mata

579 F.3d 1065 · Court of Appeals for the Ninth Circuit · Aug 27, 2009

A Conviction under § 1324(a)(1) Qualifies as an “Alien Smuggling Offense” under U.S.S.G. § 2L1.2(b)(l)(A). … Unlike the present case, the notes at issue in Allen did not clearly create an exception, but rather clarified the scope of the predicate facts the Government must establish to show the enhancement’s applicability.

Anthony Crump v. Bay Area Rapid Transit Dist.

Court of Appeals for the Ninth Circuit · Jul 17, 2020

was unable to demonstrate that the officers had violated a clearly established right. … The officers therefore were entitled to qualified immunity on Crump’s Fourth Amendment claims. 2.

United States v. Rubio

727 F.2d 786 · Court of Appeals for the Ninth Circuit · Apr 14, 1983

The facts in the affidavits are limited to the establishment of association with the enterprise. … In this regard, the trial judge’s finding will be upheld unless it is clearly erroneous, United States v. Lemon, 550 F.2d 467, 472 (9th Cir.1977); United States 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.

Aloe Vera of America v. United States

Court of Appeals for the Ninth Circuit · Sep 2, 2009

The remainder of section 7431, however, limits the scope of that general waiver of immunity. … By including this phrase, Congress clearly signaled that the stat- ute of limitations is absolute.  ALOE VERA OF AMERICA v.

Church of Scientology of California, a Nonprofit Corporation, Plaintiff v. United States Department of the Army: Howard H. Callaway, Secretary of the Army U. S. Intelligence Agency Major Aaron, Assistant Chief of Staff for Army Intelligence, Church of Scientology of California, a Nonprofit Corporation, Plaintiff v. United States Department of Defense Office of the Secretary of Defense James R. Schlesinger, Secretary of the Department of Defense United States Department of the Navy J. Wm. Middendorf Ii, Secretary of the Navy Naval Intelligence Command: Rear Admiral E. F. Rectanus, Director of Naval Intelligence, Defendants

611 F.2d 738 · Court of Appeals for the Ninth Circuit · Apr 7, 1980

, the court must determine whether the decision below was clearly erroneous. 11 A. … Before the court orders In camera inspection, the Government should be given the opportunity to establish by means of testimony or detailed affidavits that the documents are clearly exempt from disclosure.