Case law

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.

M.W. Kellogg Constructors, Inc. v. National Labor Relations Board

806 F.2d 1435 · Court of Appeals for the Ninth Circuit · Dec 30, 1986

Travelers who deposited cards with Local 250 usually were not qualified for Book 1. … The AU found that those who qualified for Book 1 “were usually members of the Respondent Union,” and that those “who qualified for the remaining three categories, Books 2, 3 and 4, were usually either travelers or nonmembers

California ex rel. Sacramento Metropolitan Air Quality Management District v. United States

215 F.3d 1005 · Court of Appeals for the Ninth Circuit · Jun 14, 2000

Bentson, 146 F.3d 676, 678 *1009 (9th Cir.1998) (holding that the federal removal statute allows a covered person to remove an action to district court based on the defense of sovereign immunity). … “The courts are not at liberty to pick and choose among congressional enactments, and when two statutes are capable of co-existence, it is the duty of the courts, absent a *1013 clearly expressed congressional intention to

Randal N. Wiideman v. Kathleen G. Leander

972 F.2d 1348 · Court of Appeals for the Ninth Circuit · Aug 28, 1992

Wallingford, 877 F.2d 728, 731 (9th Cir.1989). 7 The prison official is entitled to qualified immunity unless her conduct "violate[s] clearly established statutory or constitutional rights of which a reasonable person would … For a right to be clearly established, it must be "sufficiently clear that a reasonable official would understand that what he was doing violates that right ... in light of preexisting law the unlawfulness must be apparent

Kimberly Long v. Thomas Weeks

Court of Appeals for the Ninth Circuit · Apr 18, 2024

“We have jurisdiction under the collateral order doctrine to review a district court’s rejection of a qualified immunity defense at the motion to dismiss stage, and we review such a denial de novo.” See Polanco v. … Appellants are entitled to qualified immunity on the conspiracy claim because it is not clearly established that the intracorporate conspiracy doctrine is inapplicable to Section 1983 claims. See Ziglar v.

Graham v. Commissioner

822 F.2d 844 · Court of Appeals for the Ninth Circuit · Jul 17, 1987

We agree with the legal standards followed by the Tax Court in its decision, and we do not find its factual conclusions clearly erroneous. … Denial of the deduction violates neither the free exercise clause nor the establishment clause of the first amendment.

Rodriguez v. General Motors Corp.

904 F.2d 531 · Court of Appeals for the Ninth Circuit · Jun 6, 1990

To establish a prima facie case under § 1981 Gibbs had to show that he was a member of a protected class; that he applied and was qualified for an open position; that he was rejected; and that the position remained open. … His deposition clearly presented a question of fact as to whether the job was merely the lateral transfer the district court thought it was or a substantially new opportunity. The Effect of Patterson.

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

Plumas County Board of Supervisors v. Califano

594 F.2d 756 · Court of Appeals for the Ninth Circuit · Apr 3, 1979

Bringing suit through its Board of Supervisors, it seeks injunctive and declaratory relief establishing that it is not legally obligated to make such payments. … It leaves the decision to the state and offers federal funds for the aid of those states that have established programs approved by the Secretary.

United States v. Lewis Tam, AKA Yiu Kwong Tam, United States of America v. Robert Ng, United States of America v. Co Giang

240 F.3d 797 · Court of Appeals for the Ninth Circuit · Jan 24, 2001

Viewing Giang’s testimony in a light favorable to him, it does not appear that the district court clearly erred in imposing this enhancement. … In Westerdahl , we stated: A criminal defendant is not entitled to compel the government to grant immunity to a witness.

Guillermo Bonilla-Chirinos v. Thomas Maggiano

Court of Appeals for the Ninth Circuit · Aug 29, 2019

I To defeat a defense of qualified immunity, the family must demonstrate, “first, [that they] suffered a deprivation of a constitutional or statutory right; and second [that such] right was clearly established at … “Thus, we may grant qualified immunity if ‘the facts that a plaintiff has alleged or shown [do not] make out a violation of a constitutional right’ or if ‘the right at issue was [not] “clearly established” at the time

United States v. Juan Jose Vidal

426 F.3d 1011 · Court of Appeals for the Ninth Circuit · Oct 24, 2005

Franklin, 235 F.3d 1165, 1170 (9th Cir.2000) (listing documents which, for modified categorical analysis, can and cannot “clearly establish” defendant’s conduct). … I disagree with the majority’s conclusion, ante at 1016-1017, that any permissible combination of Vidal’s charging papers, signed plea agreement, and judgment of conviction is capable of “unequivocally,” or even clearly,

United States v. Metcalf

Court of Appeals for the Ninth Circuit · Sep 23, 2025

Pena, 518 U.S. 187, 197–200 (1996) (applying clear statement rule for congressional abrogation of a state’s immunity from suit, given the “fundamental nature of the interests implicated”). … United States, 588 U.S. 225, 227 (2019), is about the government’s burden to establish the defendant’s knowledge of facts constituting the elements of the crime.

Pesnell v. Arsenault

490 F.3d 1158 · Court of Appeals for the Ninth Circuit · Jun 21, 2007

The Gasho court then held that "the Government clearly met its burden" and that "[t]he actions of the Customs agents, the seizure and detention of the aircraft, are precisely the kinds of acts that Congress exempted from … In Gasho we applied § 2676 to bar the related claims against the individual federal agents, establishing a precedent which the majority opinion here disregards.

Hale v. Arizona

993 F.2d 1387 · Court of Appeals for the Ninth Circuit · May 4, 1993

Rev.Stat. § 41-1624. 5 The prison labor program in Hale , also offered through ARCOR, allows the establishment of an Inmate-Operated Business Enterprise (IOBE). … Arizona cites no authority in support of this argument, and we believe it fails in the face of Eleventh Amendment jurisprudence which holds that Congress may, if it does so clearly enough, abrogate immunity from suit as well

Amerocean Steamship Co. v. Copp

245 F.2d 291 · Court of Appeals for the Ninth Circuit · Mar 26, 1957

These findings must be accepted as true unless this Court finds them clearly erroneous. 3 We are not required longer to try the matter de novo. … “In reviewing a judgment of a trial court, sitting without a jury in admiralty, the Court of Appeals may not set aside the judgment below unless it is clearly erroneous.

La Conner Associates LLC v. Berg

73 F. App'x 994 · Court of Appeals for the Ninth Circuit · Sep 10, 2003

The district court did not err in granting Appellees’ motion to dismiss based on clearly-established jurisprudence relating to legislative immunity. … The law regarding legislative immunity for the “enactment of a general zoning ordinance” that affects even a small number of properties was established in this circuit more than twenty years ago in Kuzinich .

United States v. Kelly

Court of Appeals for the Ninth Circuit · Sep 6, 2005

Under the modified categorical approach, “the government has the burden to establish clearly and unequivocally the conviction was based on all of the ele- ments of a qualifying predicate offense.” United States v. … [11] Nothing in the judicially noticeable record of convic- tion clearly and unequivocally establishes that Kelly pled guilty to the elements of a crime of violence.

Johnell Jackson v. Jalal Zadeh

Court of Appeals for the Ninth Circuit · Jan 28, 2021

Soltanian-Zadeh is not entitled to qualified immunity because Jackson’s right to be free from deliberate indifference to an excessive risk to his health was clearly established, and a reasonable official would have known … Callahan, 555 U.S. 223, 232 (2009) (setting forth two-part test for qualified immunity); Estelle v.

Kevin Breazeale v. Victim Services, Inc.

878 F.3d 759 · Court of Appeals for the Ninth Circuit · Dec 27, 2017

To establish jurisdiction under the collateral order doctrine, the appellants must show the order they seek to appeal determines the disputed question conclusively, resolves an important issue completely separate from the … VICTIM SERVICES use in considering issues of qualified immunity, we concluded we had collateral order jurisdiction to review an appeal from a trial court’s denial of a motion to strike under California’s Anti-SLAPP law,