Case law

Rincon Band of Luiseno Mission Indians of the Rincon Reservation v. Schwarzenegger

602 F. Supp. 3d 1019 · Court of Appeals for the Ninth Circuit · Apr 20, 2010

No one disputes that requiring a tribe to waive its sovereign immunity from state taxation in order to obtain a compact is clearly contrary to IGRA. … Instead, it exercises its authority to negotiate, which IGRA clearly permits.” Id.

United States v. Jorge Monzon-Valenzuela

186 F.3d 1181 · Court of Appeals for the Ninth Circuit · Aug 10, 1999

The record does establish that he gathered information undercover on Monzon for the government. … We have accepted perfunctory findings as long as they are clearly supported by the record. See, e.g., United States v.

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

Charles Brown v. the Lakes Crossing Center

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

Culpepper argues that he is entitled to qualified immunity on Brown’s § 1983 claim for damages, and we agree. … Culpepper is entitled to qualified immunity from damages on the § 1983 claim.

Pacific Bell v. Cook Telecom, Inc.

197 F.3d 1236 · Court of Appeals for the Ninth Circuit · Dec 27, 1999

The CPUC Commissioners do not contend that the state's sovereign immunity shields them from this action, and we do not consider the issue. See Wisconsin Dep’t of Corrections v. … Schacht, 524 U.S. 381 , 118 S.Cl. 2047, 2052, 141 L.Ed.2d 364 (1998) ("Unless the State raises [sovereign immunity], a court can ignore it.”). .

Jesus Ramon Cardenas-Uriarte v. Immigration and Naturalization Service

227 F.3d 1132 · Court of Appeals for the Ninth Circuit · Sep 20, 2000

In addition, the second prong is also clearly satisfied because, as Cardenas’s pre-sen-tence report makes clear, he has no prior criminal record. … damaging offense of possession of the drugs, he could qualify under the Act.

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.

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

United States ex rel. Solis v. Millennium Pharm., Inc.

885 F.3d 623 · Court of Appeals for the Ninth Circuit · Mar 15, 2018

Solis can still establish subject matter jurisdiction, however, if he can show that he qualifies as an "original source." 31 U.S.C. § 3730 (e)(4). … The district court clearly erred in finding that the Avelox claims were publicly disclosed based on court complaints that never mention Avelox. We may affirm, however, on any ground supported by the record.

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.

Cortez v. Stubbs

Court of Appeals for the Ninth Circuit · Jun 5, 2025

The district court denied Defendants’ motion for summary judgment and denied qualified immunity because they failed to provide authenticated evidence. … . § 1291, denials of qualified immunity at the summary judgment stage are immediately reviewable “under the collateral order exception to finality.” Ballou v.

Adolfo Lemus v. Paul Barile

711 F. App'x 859 · Court of Appeals for the Ninth Circuit · Oct 23, 2017

Defendant Paul Barile appeals the district court’s denial of his motion to dismiss based on qualified immunity. We have jurisdiction over this interlocutory appeal pursuant to 28 U.S.C. § 1291, and we affirm. … Twombly, 550 U.S. 544, 570 (2007)), namely that a reasonable officer in Barile’s position would have known that Barile’s conduct violated a clearly established constitutional right, Saucier v.

Estate of Robert Poletti, Deceased Labarbara T. Poletti, Personal Representative Labarbara T. Poletti v. Commissioner, Internal Revenue Service

34 F.3d 742 · Court of Appeals for the Ninth Circuit · Aug 10, 1994

This starting part is the ending point when the statute clearly and unambiguously expresses Congress’ intent. … No qualifying language or exception exists to indicate that nondistributable assets are not included.

Jalal SARRAF, Plaintiff-Appellant, v. STANDARD INSURANCE COMPANY, Defendant-Appellee

102 F.3d 991 · Court of Appeals for the Ninth Circuit · Dec 11, 1996

ERISA applies to “any employee benefit plan if it is established or maintained by any employee organization_” 29 U.S.C. § 1003 (a)(2). OCEA is clearly an “employee organization,” as defined by 29 U.S.C. § 1002 (4). … See Qualls, 22 F.3d at 843 (plan must meet all four of § 2510.3-1(j) requirements to qualify, for the safe harbor regulation).

Hua Fang v. Ashcroft

111 F. App'x 912 · Court of Appeals for the Ninth Circuit · Oct 22, 2004

Under the modified categorical analysis, we examine the judicially noticeable facts to determine whether they “clearly establish” that the conviction qualifies as a proper predicate conviction. … standard of “clearly establishing” that the conduct qualifies as a federal “crime of domestic violence.”

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.

Patrick Bearup v. David Shinn

Court of Appeals for the Ninth Circuit · Mar 28, 2024

The district court properly granted summary judgment on Bearup’s First Amendment claim for damages on the basis of qualified immunity because Bearup failed to show that defendant Shinn violated any clearly established constitutional … Callahan, 555 U.S. 223, 232 (2009) (“Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right.”); Foster v.

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.

George R. Caesar, M.D. v. Louis P. Mountanos, as Sheriff of the County of Marin, State of California

542 F.2d 1064 · Court of Appeals for the Ninth Circuit · Sep 13, 1976

Similarly the court in Lifschutz recognized that it was dealing with a qualified right which could be infringed upon a showing of an “important state interest”. … The questions were all clearly relevant and related directly to the issue of her mental and emotional condition which Miss Seebach herself had raised.

Dempsey v. Ladd

840 F.2d 638 · Court of Appeals for the Ninth Circuit · Mar 9, 1988

The first and fourth elements are clearly established. … When such placement venues are unavailable, MHD attempts to establish placement in appropriate interim care facilities.