Case law

Perez v. City of Los Angeles

98 F. App'x 703 · Court of Appeals for the Ninth Circuit · May 28, 2004

We affirm the judgment entered in favor of Grant and Pedemonte on the basis of qualified immunity. See Saucier v. Katz, 533 U.S. 194 , 201-02, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001). … “A sufficient basis of knowledge [for an arrest] is established if the victim provides facts sufficiently detañed to cause a reasonable person to believe a crime had been committed and the named suspect was the perpetrator

California Ex Rel. Harris v. Safeway, Inc.

651 F.3d 1118 · Court of Appeals for the Ninth Circuit · Jul 12, 2011

“[A] union forfeits its exemption from the antitrust laws when it is clearly shown that it has agreed with one set of employers to impose a certain wage scale on other bargaining units.” … , observing that it “interprets the labor statutes in accordance with” the intent of Congress to prevent “judicial use of antitrust law to resolve labor disputes” and limits antitrust courts’ authority to determine what qualifies

Jeffrey Williams v. R. Beltran

446 F. App'x 892 · Court of Appeals for the Ninth Circuit · Aug 11, 2011

Defendants in their official capacities were immune from suit because California did not waive its Eleventh Amendment immunity to suit for money damages under RLUIPA. See Sossamon v. Texas, __ U.S. __, 131 S. … Defendants in their individual capacities were entitled to qualified immunity from suit because it was not clearly established at the time of the alleged conduct that it violated RLUIPA. See Warsoldier v.

Akio Kawashima v. Gonzales

503 F.3d 997 · Court of Appeals for the Ninth Circuit · Sep 18, 2007

If the record of conviction fails to establish that the petitioner’s offense qualifies as an aggravated felony, the government has failed to meet its burden of proving that the defendant committed an aggravated felony. … Here, as in Notash , our precedents clearly establish the limited number of documents a court may consider under the modified categorical approach.

United States Ex Rel. Meyer v. Horizon Health Corp.

565 F.3d 1195 · Court of Appeals for the Ninth Circuit · May 14, 2009

And because it would not qualify as a public disclosure, relators’ argument that they first publicly disclosed the allegations must be rejected. B. … The district court did not clearly err by determining that relators lacked the requisite direct and independent knowledge of the alleged fraud to qualify as original sources.

Barbosa v. Barr

926 F.3d 1053 · Court of Appeals for the Ninth Circuit · Mar 28, 2019

Additionally, the BIA held that Petitioner failed to establish membership in a "particular social group," so he was not entitled to withholding of removal under 8 U.S.C. § 1231 (b)(3)(A). … And we have clearly held that "imputed wealthy Americans" are not a discrete class of persons recognized as a particular social group. Ramirez-Munoz v. Lynch , 816 F.3d 1226 , 1229 (9th Cir. 2016).

United Medical Laboratories, Inc. v. Columbia Broadcasting System, Inc.

404 F.2d 706 · Court of Appeals for the Ninth Circuit · Mar 24, 1969

In substance, the basis of the court’s decision was that the publications were on their face so “clearly limited” as to be incapable of having any general reach or reference and as only to cover individually the particular … The mantle of partial immunity might well cover both.”

St. Joseph Hospital v. Leavitt

334 F. App'x 57 · Court of Appeals for the Ninth Circuit · Dec 24, 2008

To qualify for an exception to its prospective payment rate based on “[ajtypical service intensity,” see 42 C.F.R. §§ 413.182 (a), 413.184(a) (2001), St. … Moreover, the regulations clearly establish the duty of an applicant for an exception request to provide specific documentary information, including “documentation on costs of nursing personnel ... showing ...

Correll v. Schriro

465 F.3d 1006 · Court of Appeals for the Ninth Circuit · Oct 2, 2006

In sum, there was a substantial amount of mitigating evidence available 5 that is clearly sufficient to establish prejudice under the Supreme Court’s standard in Wiggins, 539 U.S. at 534-38, 123 S.Ct. 2527 . … “A reasonable tactical choice based on an adequate inquiry is immune from attack under Strickland.” Gerlaugh, 129 F.3d at 1033 .

State of Hawaii v. Donald Trump

871 F.3d 646 · Court of Appeals for the Ninth Circuit · Sep 7, 2017

Elshikh’s mother-in-law, clearly has such a relationship. … Elshikh’s mother-in-law, clearly has such a relationship.” Id. (emphasis added).

Carmona v. Carmona

603 F.3d 1041 · Court of Appeals for the Ninth Circuit · May 4, 2010

Tise established that a state court domestic relations order may be qualified even after a participant’s death, “[b]ecause a QDRO only renders enforceable an already-existing interest.” 234 F.3d at 421. … The Supreme Court has observed that the preemption provision is “clearly expansive” but that it cannot be taken “to extend to the furthest stretch of its indeterminacy.” Egelhoff v.

Ernest W. Hahn, Inc. v. Hugh B. Codding, Codding Enterprises v. Ernest W. Hahn, Inc.

615 F.2d 830 · Court of Appeals for the Ninth Circuit · Mar 20, 1980

Although not denominated as such, this was clearly a dismissal for failure to state a claim for relief under Fed.R.Civ.P. 12(b)(6). … The basic antitrust immunity established by Noerr was reaffirmed in United Mine Workers v. Pennington, 381 U.S. 657 , 85 S.Ct. 1585 , 14 L.Ed.2d 626 (1965).

Association of Public Agency Customers v. Bonneville Power Administration

733 F.3d 939 · Court of Appeals for the Ninth Circuit · Oct 28, 2013

We held that the petitioners had standing to sue EPA, concluding, in part, that their pecuniary injury was “clearly a sufficient basis” upon which to establish an “injury in fact,” as required by Lujan, 25 Id. at 1537 (quotation … BPA will then determine if the IOU qualifies for REP benefits by comparing the IOU’s ASC to the “utility-specific exchange rate” established for that IOU. ROD 112.

Alliance of Nonprofits for Ins v. Brett Barratt

712 F.3d 1316 · Court of Appeals for the Ninth Circuit · Apr 8, 2013

Assuming, however, that the Order fits within the scope of § 3905(d), it still would not qualify for the exception. … Clearly, RRGs stood to benefit from freedom from some state regulations.

United States v. Richard W. Miller

874 F.2d 1255 · Court of Appeals for the Ninth Circuit · Apr 25, 1989

for their content, are clearly hearsay. … The court emphasized that he was not qualified as an expert on false confessions.

United States v. 313.34 Acres of Land, More or Less, Situated in Jefferson County, State of Washington, and Gary Smith Janice Smith

897 F.2d 1473 · Court of Appeals for the Ninth Circuit · Mar 6, 1990

The government advocates the adoption of the Eighth Circuit’s test of substantial justification as established in Phister. … We therefore also vacate the portion of the judgment establishing the size of the award.

United States v. Benjamin Koziol

Court of Appeals for the Ninth Circuit · Apr 13, 2021

KOZIOL extortionate act and did not otherwise qualify as a predicate offense under RICO. Id. … The uncontested evidence clearly established that Koziol’s threats caused the entertainer to fear economic harm. Therefore, we reject Koziol’s arguments of instructional error.

Billy Mayshack v. Robert Gonzales

437 F. App'x 615 · Court of Appeals for the Ninth Circuit · Jun 9, 2011

capacity, qualified immunity is 'unavailable' as a defense. … City of Ridgefield, 439 F.3d 1055, 1066 (9th Cir. 2006) (finding the law clearly established in 1998, and noting that those rights had been clearly established at least ten years before that).

John Finkelstein v. Vishal Jangla

Court of Appeals for the Ninth Circuit · Jun 22, 2020

A law enforcement officer is entitled to qualified immunity unless a plaintiff can prove (1) the officer violated a constitutional right and (2) the right was clearly established at the time of the conduct … In the context of this case, the question is whether the Defendants conducted a search without probable cause, and whether the law clearly established that there was no probable cause.

Justin Santos-Ponce v. Robert Wilkinson

987 F.3d 886 · Court of Appeals for the Ninth Circuit · Feb 10, 2021

The BIA concluded that the IJ did not clearly err when she determined that Ponce failed to “establish a nexus to a protected ground . . . , including membership in a [PSG], or demonstrate that it was or will be at least one … To qualify for CAT protection, Ponce bears the burden of proving “that ‘it is more likely than not that … [he] would be tortured if removed to the proposed country of removal.’” Azanor v.