Case law

Antonio Gascar v. United States

356 F.2d 101 · Court of Appeals for the Ninth Circuit · Mar 15, 1966

. *102 Appellant’s position is that once the October 4 sale had been consummated and his guilt of narcotics violation thus established, the Government’s relationship with him had passed from the investigatory to the accusatory … In this respect the “investigation” in Massiah is clearly distinguishable. Judgment affirmed. 1 .

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.

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.

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.

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.

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

Cherry Dietzmann v. City of Homer

479 F. App'x 108 · Court of Appeals for the Ninth Circuit · Aug 1, 2012

’ clearly established, constitutional rights. … We have jurisdiction as to the denial of qualified immunity on the Alaska state law claims because under Alaska law qualified immunity “functions as an immunity from suit” as opposed to a “defense to liability.”

Tolbert v. Page

182 F.3d 677 · Court of Appeals for the Ninth Circuit · Jun 28, 1999

We are not concerned here with a trial court’s ultimate finding as to intentional discrimination in the jury selection process, which clearly would be entitled to deference under Hernandez v. … applicants or replacement of the plaintiff with an equally or less qualified person.

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.

Lee v. County of Los Angeles

240 F.3d 754 · Court of Appeals for the Ninth Circuit · Feb 14, 2001

Assuming these allegations to be true, they are clearly sufficient to establish that defendants violated Kerry Sanders's "liberty interest in being free from incarceration" absent probable cause for his arrest. … The allegations of facts must be specific and concrete enough to enable the defendants to prepare a response, and where appropriate, a motion for summary judgment based on qualified immunity. Id. at 452.

Resources Warehousing & Consolidated Services Of California v. Hatzlachh Supply

45 F.3d 436 · Court of Appeals for the Ninth Circuit · Dec 21, 1994

Further, under Section 2722(a), the party who bears the risk of loss clearly has standing to sue. By statute, Hatzlachh, as the consignee, bore the risk of loss. See 19 U.S.C. … Resources' immunity depends on the interpretation of two statutes.

Monica Navarro Pimentel v Susan Dreyfus

670 F.3d 1096 · Court of Appeals for the Ninth Circuit · Feb 29, 2012

“SNAP”), for qualifying low-income households. … A decision based on an erroneous legal standard or a clearly erroneous finding of fact amounts to an abuse of discretion. Id.

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).

Daniel v. Security Pacific National Bank

771 F.2d 1352 · Court of Appeals for the Ninth Circuit · Sep 20, 1985

While this transaction did not violate any federal tax provisions or ERISA requirements, the debtor did not establish his ability to obtain funds commercially on as favorable a basis and therefore did not establish that the … The plan was established by the debtor’s corporation under IRC § 401(a), while an IRA, by contrast, must be established pursuant to IRC § 219. See 26 U.S.C. § 219 .

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.

95 Cal. Daily Op. Serv. 7232, 95 Daily Journal D.A.R. 12,330 Employers Reinsurance Corporation, a Kansas Corporation v. Michael Karussos and Transamerica Insurance Company

65 F.3d 796 · Court of Appeals for the Ninth Circuit · Sep 13, 1995

Thus, the Hungerford rule is clearly applicable to insurance disputes such as the one before us. … Such an inadvertent omission, however, neither immunizes the district court's assumption of jurisdiction from appellate review nor requires us automatically to remand for consideration of the jurisdictional question. 14 Because

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.