Case law

Aminoil v. California State Water Resources Control Board

674 F.2d 1227 · Court of Appeals for the Ninth Circuit · Apr 2, 1982

Larson, however, clearly rejected this argument. A simple mistake of fact or law does not necessarily mean that an officer of the government has exceeded the scope of his authority. … There is no clear indication of intent to waive immunity in this case.

Spencer v. World Vision, Inc.

619 F.3d 1109 · Court of Appeals for the Ninth Circuit · Aug 23, 2010

Rather, I believe the better approach can be summarized as follows: a nonprofit entity 13 qualifies for the section 2000e-l exemption if it establishes that it 1) is organized for a self-identified religious purpose (as evidenced … Indeed, these characteristics are clearly tied to some of the Jewish principles that guided the [center]....

Rosalinda Larkin v. Derek Kenison, Jr.

Court of Appeals for the Ninth Circuit · Jun 1, 2022

But it is within the “sound discretion” of a court to decide whether to address both prongs of the qualified immunity test or rather to only address the second, clearly established prong. Pearson v. … With that in mind, we address only whether the right was clearly established. The district court erred in denying qualified immunity to Officer Kenison.

United States v. Rollness

320 F. App'x 797 · Court of Appeals for the Ninth Circuit · Apr 2, 2009

The government acted within its discretion in according immunity for perjury to Jeff Mercer. See United States v. Plummer, 941 F.2d 799, 802 (9th Cir.1991). … The third set of statements, which occurred toward the close of the prosecutor’s rebuttal, was clearly “calculated to arouse the passions or prejudices of the jury.” United States v.

Native Village Of Noatak v. Hoffman

896 F.2d 1157 · Court of Appeals for the Ninth Circuit · Feb 12, 1990

It is therefore a tribe with a duly recognized governing body and qualifies for the benefits of section 1362. Cf. Alaska v. … Consequently, Circle Village, as well as Noatak, qualifies under section 1362.2.

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.

William David Potter v. Tom McCall Governor of the State of Oregon

433 F.2d 1087 · Court of Appeals for the Ninth Circuit · Nov 4, 1970

Clearly, appellant is attempting to sue Tom McCall, as Governor of the state of Oregon, Clay Myers, as Secretary of State of the state of Oregon and Robert Straub, as State Treasurer of the same state. … There is established the Oregon State Board of Control. The board shall consist of *1091 the Governor, who is ex officio chairman, the Secretary of State and the State Treasurer.

Gerling Global Reinsurance Corp. of America v. Garamendi

400 F.3d 803 · Court of Appeals for the Ninth Circuit · Mar 9, 2005

The Supreme Court has summarized the “prevailing party” determination as follows: [T]o qualify as a prevailing party, a civil rights plain tiff must obtain at least some relief on the merits of his claim. … Clearly, the ruling of the Supreme Court modified the Commissioner’s behavior by “materially altering] the legal relationship between the parties.” See id.

Joseph Hardesty v. Sacramento County

Court of Appeals for the Ninth Circuit · Aug 19, 2020

And all three Individual Defendants are entitled to qualified immunity as to the Schneiders’ claims because their actions did not violate a clearly established constitutional right that any reasonable officer would have … Instead, the Defendants forced the Schneiders to shut down all operations, in violation of the Schneiders’ clearly established right. That action was clearly established as arbitrary and unreasonable by Hansen.

Doe v. Unocal Corp.

395 F.3d 932 · Court of Appeals for the Ninth Circuit · Sep 18, 2002

The Myanmar Military and Myanmar Oil are entitled to immunity under the Foreign Sovereign Immunities Act. … But Nelson did not hold that such use of detention and torture also would not qualify as an act performed in connection with a commercial activity and, therefore, fall within the third exception to foreign sovereign immunity

Stephan Shay v. City of Huntington Beach

Court of Appeals for the Ninth Circuit · May 14, 2020

Thus, the lack of precedent 4 clearly establishing this conduct to be unconstitutional requires finding that Officer Subia is entitled to qualified immunity on this excessive … The district court properly held that the Officers were entitled to qualified immunity. 4.

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.

Moeun v. Mukasey

263 F. App'x 621 · Court of Appeals for the Ninth Circuit · Jan 15, 2008

Whether an offense qualifies as an aggravated felony is a legal question we review de novo. Id. at 1025 . … Under the modified categorical approach, Moeun’s conviction for sexual battery qualifies as an aggravated felony if “the record includes documentation or judicially noticeable facts that clearly establish” that he was convicted

Mier v. Owens

57 F.3d 747 · Court of Appeals for the Ninth Circuit · Jun 9, 1995

Lutz, 944 F.2d at 1486 . 14 Bledsoe and Lutz establish that, in some circumstances, personnel actions are not integrally related to the military's structure. … Mier adds: 17 Specifically, ... within the procedure for promotions, a high degree of subjectivity exists regarding the final selection as to who is chosen from those recommended as qualified.

United States v. Carlos Dominguez Benitez AKA Carlos Dominguez

310 F.3d 1221 · Court of Appeals for the Ninth Circuit · Nov 25, 2002

At the time of Benitez’s change of plea hearing, our precedent clearly required courts to comply with Rule 11(e)(2). See, e.g., United States v. Kennell, 15 F.3d 134, 136 (9th Cir.1994); United States v. … Our recent decision in Vonn is clearly distinguishable from this case.

Ricky Hammonds v. M. Martel

361 F. App'x 813 · Court of Appeals for the Ninth Circuit · Jan 7, 2010

We review de novo the district court’s summary judgment on the ground of qualified immunity. Jackson v. City of Bremerton, 268 F.3d 646, 650 (9th Cir. 2001). We affirm. … Thus, the district court properly granted summary judgment for defendants on the ground of qualified immunity. See Saucier v. Katz, 533 U.S. 194, 201–02 (2001).

United States v. Robert Kahre

Court of Appeals for the Ninth Circuit · Dec 5, 2013

Sheriff Dep’t, 533 F.3d 780, 798 (9th Cir. 2008) (assuming the truth of allegations in the Complaint for the purpose of qualified immunity analysis). … Given the posture of the civil case, the district court’s denial of qualified immunity does not reflect a “unique event” distinguishing this case from Kembler.

Laney Sweet v. Charles Langley

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

“Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” City of Escondido v. Emmons, 139 S. … The district court properly denied qualified immunity in light of these allegations. AFFIRMED. 4 18-16118

Allen v. City of Portland

73 F.3d 232 · Court of Appeals for the Ninth Circuit · Jan 17, 1996

In the defendants’ answer to the complaint, Officer Fort did not assert the defense of qualified immunity. Before trial, the district judge granted the defendants’ motion to bifurcate the trial. … Clearly, a reasonable innocent person would not have felt free to leave when she was followed into the restroom by a police officer and then told that she was under arrest.

Wong v. Beebe

381 F. App'x 715 · Court of Appeals for the Ninth Circuit · Jun 4, 2010

Beebe appeals the district court’s denial of his motion for summary judgment seeking qualified immunity. In light of the recent en banc decision in Bull v. … established” in 1999.