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  • Rosa Brizuela v. City of Sparks

    Court of Appeals for the Ninth Circuit · Aug 21, 2023

    not violate clearly established law.” … As we cannot “define clearly established law at a high level of generality,” Kisela v. Hughes, 138 S.

    Cited 0 timesUnpublished
  • Jackson v. United States

    102 F. 473 · Court of Appeals for the Ninth Circuit · May 14, 1900

    The statute of Oregon provides as follows: “Before accepting a person drawn as a grand juror, the court must be satisfied that such person is duly qualified to act as a juror, but when drawn and found qualified he must be … It is enough to say that the facts above recited clearly show that the confession was voluntary.

    Cited 48 timesPublished
  • 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.

    Cited 0 timesPublished
  • 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 ...

    Cited 0 timesPublished
  • 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 .

    Cited 10 timesPublished
  • A.G. Ex Rel. Grundemann v. Paradise Valley Unified School District No. 69

    815 F.3d 1195 · Court of Appeals for the Ninth Circuit · Mar 3, 2016

    The regulations adopted pursuant to section 504 require qualifying public schools to “provide a free appropriate public education to each qualified handicapped person.” … Nov. 8, 2012) (“The Restatement clearly recognizes the application of the eggshell plaintiff rule to claims for intentional infliction of emotional distress.” (citing Restatement (Second) of Torts § 46 cmt. j (Am. Law.

    Cited 120 timesPublished
  • United States v. Rodriguez-Lopez

    51 F. App'x 664 · Court of Appeals for the Ninth Circuit · Nov 19, 2002

    INS, 214 F.3d 1128, 1133 (9th Cir.2000), we have interpreted Taylor's edict to include examination of "documentation or judicially noticeable facts that clearly establish that the conviction is a predicate conviction for … "However, if the statute and the judicially noticeable facts would allow the defendant to be convicted of an offense other than that defined as a qualifying offense by the guidelines, then the conviction does not qualify

    Cited 1 timesPublished
  • Lam v. University of Hawai'i

    40 F.3d 1551 · Court of Appeals for the Ninth Circuit · Oct 11, 1994

    The list was divided into tiers, with a first group of five candidates described as the most qualified, a second group of three candidates as qualified, and then an "also ran" group. … We cannot say that the court clearly erred in doing so. .

    Cited 38 timesPublished
  • 47 Fed. R. Evid. Serv. 1048, 97 Cal. Daily Op. Serv. 7173, 97 Daily Journal D.A.R. 11,560 United States of America v. Sally Anne Croft, United States of America v. Susan Hagan

    124 F.3d 1109 · Court of Appeals for the Ninth Circuit · Sep 5, 1997

    immunity to prosecution witnesses. … The transactional immunity they sought would clearly affect the charges against them. The government did not improperly distort the fact-finding process in denying them that immunity. 30 V.

    Cited 0 timesPublished
  • United States v. California Mobile Home Park Management Co.

    29 F.3d 1413 · Court of Appeals for the Ninth Circuit · Jul 18, 1994

    Besides the fact that Sec. 3604's reasonable accommodations requirement contains no exemption for financial costs to the landlord, 1 the history of the FHAA clearly establishes that Congress anticipated that landlords would … There are, of course, many types of residential fees that affect handicapped and non-handicapped residents equally; such fees are clearly proper.

    Cited 6 timesPublished
  • Smith v. Central Arizona Water Conservation District

    418 F.3d 1028 · Court of Appeals for the Ninth Circuit · Aug 10, 2005

    The government asserted the farmers' claims were barred by sovereign immunity. Id. at 1142 . … The government had therefore not waived its immunity from suit, and the district court lacked jurisdiction.

    Cited 1 timesPublished
  • White Mountain Apache Tribe v. Williams

    798 F.2d 1205 · Court of Appeals for the Ninth Circuit · Feb 7, 1984

    Such an action would clearly not be barred by section 1341. See, e.g., Moe, 425 U.S. at 474-75 , 96 S.Ct. at 1641-42 . … However, it is doubtful whether the Tribe qua sovereign would qualify as a "citizen of the United States or other person" eligible to bring an action under section 1983 for deprivation of its rights, privileges, or immunities

    Cited 10 timesPublished
  • United States v. Jorge Cisneros

    763 F.3d 1236 · Court of Appeals for the Ninth Circuit · Aug 19, 2014

    CISNEROS Court decision “undercut the theory or reasoning underlying the prior circuit precedent in such a way that the cases are clearly irreconcilable.” See Miller, 335 F.3d at 900. … Each indictment establishes that Cisneros was convicted of vehicular flight pursuant to Oregon Revised Statutes section 811.540(1)(b)(A).

    Cited 5 timesPublished
  • United States v. James Durward Harper, James Durward Harper v. United States District Court for the Northern District of California, United States of America, Real Party in Interest

    729 F.2d 1216 · Court of Appeals for the Ninth Circuit · Apr 24, 1984

    Notwithstanding the novel nature of the issues it addresses, we are convinced that the order was clearly erroneous. … It said that [t]he data adduced by the petitioner ... are too tentative and fragmentary to establish that jurors not opposed to the death penalty tend to favor the prosecution in the determination of guilt.

    Cited 3 timesPublished
  • James Roy Schlette, by Wanda Roe, Conservator of His Person v. James Burdick

    633 F.2d 920 · Court of Appeals for the Ninth Circuit · Dec 10, 1980

    The materials supporting the summary judgment motion clearly establish that the Schlette family was well known to the relevant social agencies and that specific investigation of the father’s house would have been redundant … The district court also denied a motion to dismiss by Burdick, Nance, Ingham and Usher on the grounds of quasijudicial immunity. The parties do not raise this issue on appeal, so we need not address the question. 2 .

    Cited 7 timesPublished
  • United States v. Chris Parker

    241 F.3d 1114 · Court of Appeals for the Ninth Circuit · Mar 1, 2001

    The defense case centered heavily around portraying these witnesses as having provided their testimony in exchange for reduced sentences or, in Washington’s case, complete immunity. … This interpretation is at odds with both the plain meaning of the statute and the advisory note, which clearly implies that only actions affirmatively taken to involve a minor in the offense will qualify under § 3B1.4.

    Cited 141 timesPublished
  • In Re David Abercrombie, Debtor. David Abercrombie v. Hayden Corporation, Dba Hillman Properties Northwest

    139 F.3d 755 · Court of Appeals for the Ninth Circuit · Mar 24, 1998

    Applying our established law in this case, we must conclude that Hayden’s award of fees does not qualify as an administrative expense. … Clearly, these claimants had not transacted with the estate postpetition. Rather, they suffered an unanticipated injury due to the receiver’s negligence.

    Cited 47 timesPublished
  • Whitcombe v. United States Department of Treasury

    922 F.2d 846 · Court of Appeals for the Ninth Circuit · Jan 10, 1991

    IV 11 Whitcombe contends his complaint, affidavits and memoranda clearly indicate that he intended to sue Bergmans in his individual capacity. Even if that were true, Bergmans is entitled to qualified immunity. … Government officials are immune from damage suits "insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Harlow v.

    Cited 1 timesUnpublished
  • Seth Rosenfeld v. United States of America the Federal Bureau of Investigation, Defendants- United States Department of Justice, and Federal Bureau of Investigation v. United States District Court for the Northern District of California, Seth Rosenfeld, Real Party in Interest

    859 F.2d 717 · Court of Appeals for the Ninth Circuit · Dec 22, 1988

    Sec. 1651 , which provides: (a) The Supreme Court and all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles … Too often the barriers presented by court costs and attorneys' fees are insumountable [sic] for the average person requesting information, allowing the government to escape compliance with the law Congress has established

    Cited 0 timesPublished
  • 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.

    Cited 0 timesUnpublished

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