Case law

United States v. Sandra Spaise Shirley

884 F.2d 1130 · Court of Appeals for the Ninth Circuit · Aug 24, 1989

A district court’s refusal to issue a subpoena under Rule 17(b) “is clearly appropriate ... when the testimony sought is cumulative.” Sims, 637 F.2d at 629 ; see also United States v. … Shirley also contends that she was precluded from calling James Anthony Gardner as a witness because the court refused to grant him immunity from prosecution.

Fair Housing Council of San Fernando Valley v. Roommates. Com, LLC.

Court of Appeals for the Ninth Circuit · Apr 2, 2008

We have long dealt with immunity in different, and arguably far more important, contexts—such as qualified immunity for police offi- cers in the line of duty, see Clement v. … In 2002, Congress passed the “Dot Kids Implementation and Efficiency Act,” which established a new “kids.us” domain for material that is safe for children. Pub. L. No. 107- 317, 116 Stat. 2766.

96 Cal. Daily Op. Serv. 6722, 96 Daily Journal D.A.R. 10,978 Rina Kumari Surita, A.K.A. Rina Kumari Afzal Yunas v. Immigration and Naturalization Service

95 F.3d 814 · Court of Appeals for the Ninth Circuit · Sep 9, 1996

The new constitution also guarantees to Major-General Rabuka, the coup leader, immunity from prosecution. … He will qualify for asylum derivatively if Surita qualifies for asylum. 8 C.F.R. § 208.21 (a). Their application for asylum is also deemed to be an application for withholding of deportation. 8 C.F.R. § 208.3 (b)

Yakutat, Inc. v. Gutierrez

407 F.3d 1054 · Court of Appeals for the Ninth Circuit · May 18, 2005

The record clearly provides a rational basis on which the Secretary based his decision. … Yakutat argues that the FMP amendment qualified two boats that have clearly abandoned the fishing industry, while it excludes the F/V Blue North, thereby demonstrating the unfairness of the qualifying criteria.

Niveen Ismail v. County of Orange

693 F. App'x 507 · Court of Appeals for the Ninth Circuit · May 19, 2017

The district court properly concluded that social worker Julie Fulkerson is entitled to qualified immunity on Ismail’s claim that her constitutional privacy rights were violated. … Qualified immunity shields “government officials ... from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have

Young Ok Kepilino v. Alberto R. Gonzales, Attorney General

454 F.3d 1057 · Court of Appeals for the Ninth Circuit · Jul 25, 2006

Consequently, neither document establishes that Kepilino’s conduct falls within the C.F.R.’s definition of “prostitution.” … [Kepilino] does not have a visa petition, and appears not to be qualified for a Section 212(f) waiver of inadmissibility for lack of sufficient time of seven years.

Eileen B. Cohen Lupert v. The California State Bar

761 F.2d 1325 · Court of Appeals for the Ninth Circuit · May 23, 1985

The exam: 15 both protects persons from continuing to pursue a profession for which they are not qualified, and aids qualified persons in judging the quality of the training and education they are receiving in preparation … Piper, --- U.S. ----, 105 S.Ct. 1272 , 84 L.Ed.2d 205 (1985), is distinguishable because it involved only the Article Four "Privileges and Immunities" Clause, U.S. Const. art.

Gerry Williams v. Martin Biter

Court of Appeals for the Ninth Circuit · Nov 12, 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, 1229-31 (9th Cir. 2019) (existing Valley Fever cases did not clearly establish a “right to be free from heightened exposure to Valley Fever spores” and prison officials “could have reasonably believed

Sorenson v. Secretary Of The Treasury

752 F.2d 1433 · Court of Appeals for the Ninth Circuit · Feb 5, 1985

SOVEREIGN IMMUNITY 30 The Secretary contends that the doctrine of sovereign immunity bars Sorenson's individual refund action on the grounds that she failed to meet the procedural requirements of 26 U.S.C. … This is quite similar to excess withholding taxes that the taxpayer has allowed to accumulate, which clearly can be intercepted.

Mayweathers v. Newland

314 F.3d 1062 · Court of Appeals for the Ninth Circuit · Dec 27, 2002

The Establishment Clause The Establishment Clause of the First Amendment prohibits any government from enacting a law that would respect the establishment of religion. … This case falls squarely within the Ex Parte Young exception to sovereign immunity and does not violate the Eleventh Amendment. iv.

Alexander Behrend v. San Francisco Zen Center, Inc.

108 F.4th 765 · Court of Appeals for the Ninth Circuit · Jul 17, 2024

Behrend’s role as a WPA clearly fits that broad exception, so we affirm the district court’s grant of summary judgment. I. … In his view, only teachers and leaders of the faith qualify for the exception. But precedent clearly forecloses that view, and for good reason.

Jeffrey Williams v. R. Beltran

446 F. App'x 892 · Court of Appeals for the Ninth Circuit · Aug 11, 2011

Defendants in their official capacities were immune from suit because California did not waive its Eleventh Amendment immunity to suit for money damages under RLUIPA. See Sossamon v. Texas, __ U.S. __, 131 S. … Defendants in their individual capacities were entitled to qualified immunity from suit because it was not clearly established at the time of the alleged conduct that it violated RLUIPA. See Warsoldier v.

Cabazon Band Of Mission Indians v. Wilson

124 F.3d 1050 · Court of Appeals for the Ninth Circuit · Sep 2, 1997

Feeney, 495 U.S. 299 , 110 S.Ct. 1868 , 109 L.Ed.2d 264 (1990) (general consent-to-suit provision coupled with statutory venue provision clearly indicate that states waived Eleventh Amendment immunity). 31 B. … Although the majority is correct that the parties could agree to waive their respective immunities, a long line of authority establishes that federal jurisdiction may not be conferred by such an agreement if it does not independently

Richard Glair v. City of Santa Monica

649 F. App'x 411 · Court of Appeals for the Ninth Circuit · Apr 21, 2016

Summary judgment was proper on the basis of qualified immunity on Glair’s failure-to-intervene claim against Boyd because it would not have been clear to every reasonable official that failing to stop a pat-down search … Ct. 2074, 2080, 2083 (2011) (discussing qualified immunity and noting that a right is clearly established only if “every reasonable official would have understood that what he is doing violates that right” (citation and

United States v. Albert Escalante

637 F.2d 1197 · Court of Appeals for the Ninth Circuit · Oct 6, 1980

Clearly, this is not an easy burden to meet. … That Escalante had actually engaged in the illegal importation of heroin at or about the time the conspiracy to do the same was formed, qualifies the evidence as a prior similar act.

United States v. Price

84 F. App'x 917 · Court of Appeals for the Ninth Circuit · Dec 22, 2003

Attorney to grant use immunity to Aaron Felix. Unlike United States v. Westerdahl, 945 F.2d 1083, 1086 (9th Cir.1991), and United States v. … Finally, the form of the instructions was proper, satisfying the standards established in United States v.

Franks Landing Indian Cmty. v. National Indian Gaming Comm'r.

918 F.3d 610 · Court of Appeals for the Ninth Circuit · Mar 12, 2019

First, we hold that IGRA clearly and unambiguously requires federal recognition by the Secretary of the Department of the Interior before a tribe may qualify to participate in Indian gaming. … By the time the Frank’s Landing Act was amended in 1994, IGRA was well established, as was the process for identifying which groups qualify as federally recognized tribes. 8 FRANKS LANDING INDIAN COMTY.

Jose Lopez-Vasquez v. Eric H. Holder Jr.

706 F.3d 1072 · Court of Appeals for the Ninth Circuit · Feb 1, 2013

The alien has the “ ‘burden of establishing ... clearly and beyond doubt’ that he is ‘entitled to be admitted and is not inadmissible under [8 U.S.C. § ] 1182.’ ” Valadez-Munoz v. … A To establish that he is eligible for adjustment of status, Lopez-Vasquez must prove “clearly and beyond doubt” that he does not have a drug conviction that renders him inadmissible under § 1182. Cf.

Howard F. And Mildred E. Keogh v. Commissioner of Internal Revenue

713 F.2d 496 · Court of Appeals for the Ninth Circuit · Aug 17, 1983

See 4 Weinstein’s Evidence 1803(6)[03] (1981 ed.) at 803-155: “[P]ersonal records kept for business reasons may be able to qualify. … from Whitlock’s work as a dealer, and would have established whether Whitlock kept the diary for business or personal reasons.

Benjamin Puentes v. County of San Mateo

481 F. App'x 348 · Court of Appeals for the Ninth Circuit · Sep 21, 2012

See id. at 158 (“[P]robation officers preparing presentencing reports for state court judges are entitled to absolute judicial immunity from personal damage actions brought under section 1983.”); see also Pearson v. … Callahan, 555 U.S. 223, 243-44 (2009) (officer entitled to qualified immunity where clearly established law does not show constitutional violation); Plumeau v. Sch.