Case law

Roberta L. Franklin v. Jack W. Thornton, Thornton & Franklin Money Purchase Pension Plan, Thornton & Franklin Profit Sharing Plan, Roberta L. Franklin v. Jack W. Thornton

983 F.2d 939 · Court of Appeals for the Ninth Circuit · Jan 11, 1993

court conceded, the first and third requirements were clearly met here: Franklin's accrued benefit exceeded $3,500, and the distribution to Franklin was in the form of a lump sum rather than a qualified joint and survivor … In reaching this conclusion, the district court apparently failed to consider another critical portion of the Plans--Section 6.04--which clearly contradicts the district court's holding.

United States v. Salvador Hernandez-Estrada

749 F.3d 1154 · Court of Appeals for the Ninth Circuit · Apr 30, 2014

The three judge panel lacked the authority to alter circuit law without an intervening Supreme Court or en banc decision that was clearly irreconcilable with our circuit precedent. Miller v. … Even if all of those who did not respond to the race or ethnicity *1170 questions were white, thereby reducing the percentage of minority distinctive groups in the qualified jury wheel, Hernandez has not sufficiently established

No. 96-56124

137 F.3d 1090 · Court of Appeals for the Ninth Circuit · Feb 17, 1998

Here, too, it is clearly wrong. There was indeed a "labor dispute" involving the hospital. … The court affirmed a ruling of summary judgment in favor of the police on the ground of qualified immunity because the police "established that their conduct was objectively reasonable" and the plaintiffs failed to "produc

Sergeant Perry Watkins v. United States Army

875 F.2d 699 · Court of Appeals for the Ninth Circuit · May 3, 1989

The Court has held that federal executive officials are entitled to qualified immunity against damages claims because damages threaten to undermine “the vigorous exercise of official authority.” Butz v. … His claim actually centers on the Army’s benign "misconduct” in certifying him qualified for reenlistment throughout his career.

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

People of the Territory of Guam v. Palomo

35 F.3d 368 · Court of Appeals for the Ninth Circuit · Jul 19, 1994

The defense capably impeached LeFever’s credibility on the basis of the immunity agreement. … Christine Palacios, Jesse Palomo’s friend, who was with him at all times necessary to establish the alibi, testified to all of the critical events.

Garamendi v. Allstate Insurance Company

47 F.3d 350 · Court of Appeals for the Ninth Circuit · Feb 2, 1995

Describing the exception to finality rule as established in Cohen v. … United States, 424 U.S. 800 , 96 S.Ct. 1236 , 47 L.Ed.2d 483 (1976) qualifies as an appealable final collateral order. Moses H. Cone, 460 U.S. at 11-13 , 103 S.Ct. at 934-36 .

Crater v. Galaza

Court of Appeals for the Ninth Circuit · Dec 5, 2007

“In this respect, the ‘clearly established Federal law’ phrase bears only a slight connection to [the Court’s] Teague juris- prudence.” Id. … Katz, 533 U.S. 194, 200-01 (2001) (holding that, in determining whether a state officer is entitled to qualified immunity for § 1983 pur- poses, courts may not consider whether the constitutional right was clearly established

Santos Carlos Martinez-Sanchez v. Immigration and Naturalization Service

794 F.2d 1396 · Court of Appeals for the Ninth Circuit · Sep 3, 1986

In his oral opinion, the IJ stated in passing that Martinez-Sanchez’s credibility had not been established, but he did not indicate why. … Finally, in Martinez-Romero, the BIA stated that to qualify for either form of relief, an applicant must demonstrate a clear probability of persecution.

98 Cal. Daily Op. Serv. 7080, 98 Cal. Daily Op. Serv. 895, 98 Daily Journal D.A.R. 1223, 98 Daily Journal D.A.R. 9797 G & G Fire Sprinklers, Inc. v. Victoria L. Bradshaw, an Individual, in Her Capacity as Labor Commissioner of the State of California Lloyd W. Aubry, Jr., Director Daniel Dellarocca, an Individual, in His Official Capacity as Deputy Labor Commissioner of the State of California Roger Miller, an Individual in His Official Capacity as Deputy Labor Commissioner of the State of California Rosa Frazier, an Individual in Her Capacity as Deputy Labor Commissioner of the State of California, G & G Fire Sprinklers, Inc. v. Victoria L. Bradshaw, an Individual, in Her Official Capacity as Labor Commissioner of the State of California Lloyd W. Aubry, Jr., an Individual, in His Official Capacity as Director of the Department of Industrial Relations of the State of California Daniel Dellarocca, an Individual, in His Official Capacity as Deputy Labor Commissioner of the State of California Roger Miller, an Individual in His Official Capacity as Deputy Labor Commissioner of the State of California Rosa Frazier, an Individual, in Her Official Capacity as Deputy Labor Commissioner of the State of California Division of Labor Standards Enforcement, an Agency of the State of California Department of Industrial Relations, an Agency of the State of California

136 F.3d 587 · Court of Appeals for the Ninth Circuit · Feb 3, 1998

immunity. … "Qualified immunity is an affirmative defense to damage liability; it does not bar actions for declaratory or injunctive relief." American Fire, Theft & Collision Managers, Inc. 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.

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.

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.

Francisca Elena Ortega De Robles v. Immigration and Naturalization Service

58 F.3d 1355 · Court of Appeals for the Ninth Circuit · Jun 2, 1995

To establish domicile, aliens must not only be physically present here, but must intend to remain. … On the other hand, the statutory scheme clearly reflects an entirely different view of the nonimmigrant.

Credit Managers Association Of Southern California v. Kennesaw Life And Accident Insurance Company

25 F.3d 743 · Court of Appeals for the Ninth Circuit · May 19, 1994

M & R Investment Co., however, is clearly distinguishable from the case before us. … The plain language of the statute clearly limits awards to actions brought by a participant, beneficiary, or fiduciary. CMA is none of these.

William Chin Cecily Chin v. United States

57 F.3d 722 · Court of Appeals for the Ninth Circuit · Jun 7, 1995

Chin was an independent contractor and not an employee of AID, and that he therefore qualified for the foreign income exclusion. … Its decision is not clearly erroneous. *727 The district court’s judgment is AFFIRMED. 1 .

Nilsen v. University of Washington

Court of Appeals for the Ninth Circuit · Aug 13, 2026

We now consider whether Kohn’s three-factor test is “clearly irreconcilable” with Galette. See Miller v. Gammie, 335 F.3d 889, 893 (9th Cir. 2003) (en banc). … Washington also extends sovereign immunity to UW in its own courts as an arm of the state.

The Koala v. Pradeep Khosla

931 F.3d 887 · Court of Appeals for the Ninth Circuit · Jul 24, 2019

to money damages, without running afoul of the doctrine of sovereign immunity. … Here, the district court acknowledged the exception to sovereign immunity established by Ex parte Young and its progeny but observed that “Ex parte Young cannot be used to obtain an injunction requiring the payment of funds

Aleksandr Binkovich v. Bruce Barthelemy

672 F. App'x 648 · Court of Appeals for the Ninth Circuit · Dec 2, 2016

We affirm the district court’s decisions on qualified immunity, excessive force, and the issuance of the jury instruction. … The district court did not err in denying Defendant’s motion for judgment as a matter of law with regard to qualified immunity.

United States v. Horvath

Court of Appeals for the Ninth Circuit · Jul 10, 2007

Horvath seems to think so, in that McNeil immunized submissions by  UNITED STATES v. … However, even if there is ambiguity, given a choice between immunizing all false statements made by a defendant to a probation officer in connection with sen- tencing and immunizing none of them, I would chose none.