Case law

UNITED STATES of America, Plaintiff-Appellee, v. John DOE, Defendant-Appellant

125 F.3d 1249 · Court of Appeals for the Ninth Circuit · Sep 9, 1997

“Criminal contempt is established when there is a clear and definite order of the court, the contemnor knows of the order, and the contemnor willfully disobeys the order.” United States v. … When that failed, it obtained a court order of immunity.

San Carlos Apache Tribe of Arizona v. The State of Arizona, a Body Politic and the State Land Department of the State of Arizona and John M. Little, Individually and as Acting Commissioner of the State Land Department of the State of Arizona and Salt River Valley Water Users' Association, an Arizona Corporation, Payson Community of Yavapai-Apache Indians v. The State of Arizona, a Body Politic and the State Land Department of the State of Arizona and John M. Little, Individually and as Acting Commissioner of the State Land Department of the State of Arizona and Salt River Valley Water Users' Association, an Arizona Corporation, Salt River Pima-Maricopa Indian Community v. The State of Arizona and John M. Little, Acting Commissioner of the Arizona State Land Department, Fort McDowell Mohave-Apache Indian Community, for and on Behalf of Itself and Its Members v. Salt River Valley Water Users' Association Salt River Project Agricultural Improvement and Power District City of Phoenix City of Prescott City of Jerome Phelps Dodge Corporation Phelps Dodge Industries, Inc. Arizona Water Company Miller Brothers Farms, Inc. Camp Verde Water Systems Cottonwood Water Works, Inc. Copper Basin Water Co. V Bar v Cattle Co., Inc. Harold W. Bullard and the State of Arizona, Individually and as Representative of a Class Composed of All Others Similarly Situated

668 F.2d 1093 · Court of Appeals for the Ninth Circuit · Feb 23, 1982

Previously, the United States could not be joined in water rights adjudication because of sovereign immunity. The McCarran Amendment waives the sovereign immunity in general water rights adjudications. … While the rights held for Indians would be established, the rights of the other water users on the streams would not. 40 In these circumstances, principles of wise judicial administration clearly counsel against federal adjudication

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

Alberto Damaize-Job v. Immigration and Naturalization Service

787 F.2d 1332 · Court of Appeals for the Ninth Circuit · Apr 21, 1986

The IJ also found Damaize’s evidence insufficient to establish conclusively that his uncle and sister had been killed. … We held that similar evidence and testimony established a clear probability of persecution in Bolanos-Hernandez v. INS, 767 F.2d 1277 (9th Cir.1984).

Jocelyn Allen v. Boeing Company

821 F.3d 1111 · Court of Appeals for the Ninth Circuit · May 5, 2016

On remand, the district court established a briefing schedule for Plaintiffs’ renewed motion to remand to state court pursuant to the local controversy exception. … App. 798, is clearly distinguishable.

April Grundfor v. Janet Bouffard

Court of Appeals for the Ninth Circuit · Jan 27, 2020

“The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Grundfor did not have a clearly established constitutional right to speak to the police because Defendants could have reasonably believed that speaking to police was a part of her job duties.

Snow v. Standard Insurance

87 F.3d 327 · Court of Appeals for the Ninth Circuit · Jun 21, 1996

Snow claimed that she was disabled due to Chronic Fatigue Immune Dysfunction Syndrome (CFS), but her claim was denied. … De Remer, sent a letter to Standard in which she concluded that Snow was disabled from CFS and did qualify for long-term disability benefits.

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.

Pacific States Savings, Loan & Bldg. Co. v. Green

123 F. 43 · Court of Appeals for the Ninth Circuit · May 25, 1903

. *45 in order merely to qualify the defendant to borrow money from the ■association. This theory has been sustained in some of the decisions in the state courts, cited by the appellees, notably in Utah (Howells v. … Whatever, therefore, may be the advantages allowed to members voluntarily repaying loans, these provisions have no application, and offer no immunities, to those who become defaulters, and are upon that *46 ground sued by

Kent Williams v. Fox

Court of Appeals for the Ninth Circuit · May 16, 2025

Fox was entitled to qualified immunity because it was not “clearly established in 2016—such that a reasonable low-level jail employee would have notice” that screening out a jail grievance as frivolous or “an abuse of the … It also concluded that “policy-based” qualified immunity applied because Mr.

Selamawit Zehatye v. Alberto R. Gonzales, Attorney General

453 F.3d 1182 · Court of Appeals for the Ninth Circuit · Jul 13, 2006

An applicant may also qualify for asylum by actually showing a well-founded fear of future persecution, again on account of[one of the five protected grounds]. Deloso v. … of their missionary work, and in some cases clearly have trouble with secular government with regard to their position vis-a-vis military service or as in the case of Eritrea national service....

Barrows v. Hickel

447 F.2d 80 · Court of Appeals for the Ninth Circuit · Aug 17, 1971

The record clearly establishes that the disputed Grout Creek deposit is a “common varieties” deposit within the meaning of the Act. … To qualify as “valuable mineral deposits” under the “marketability test” it must be shown that the minerals can be “extracted, removed and marketed at a profit.” United States v.

Nation v. U.S. Department of the Interior

819 F.3d 1084 · Court of Appeals for the Ninth Circuit · Apr 6, 2016

Unlike the Antiquities Act, ARPA clearly distinguishes between “public lands” and “Indian lands” held in trust by the federal government. See id. § 470bb(3)-(4). … Section 702 of the APA waives sovereign immunity for suits alleging wrongful agency action or inaction. Id. § 702.

United States v. Rendon-Duarte

Court of Appeals for the Ninth Circuit · Mar 20, 2007

There, the court stated: [T]he caselaw in this and other circuits establishes clearly the logical connection between a convicted felon’s knowing possession of a firearm at one time and his knowledge that … [8] Because a conviction under the Alaska statute qualifies clearly as a crime of violence under section 4B1.2(a)(2), the district court’s error did not substantially affect Rendon- Duarte’s rights.

Marcus Harrison v. J. Sample

359 F. App'x 893 · Court of Appeals for the Ninth Circuit · Dec 22, 2009

A genuine dispute also exists as to whether Sample is entitled to qualified immunity. … Therefore, the district court erred in granting summary judgment based on qualified immunity.

Dominguez-Curry v. Nevada Transportation Department

Court of Appeals for the Ninth Circuit · Sep 14, 2005

Here, because Andrews was clearly the most qualified candidate, Stacey’s alleged bias was not a “motivating fac- tor.” … Where the clearly best-qualified applicant is hired for a position, the existence of a discriminatory motive on the part of a decisionmaker does not in and of itself, even on summary judgment, establish that it played a motiving

Christopher C. Little v. Jacqueline Crawford Frankie Sue Del Papa

449 F.3d 1075 · Court of Appeals for the Ninth Circuit · Jun 8, 2006

Under clearly established Supreme Court law, such contention neither gives rise to an equal protection claim, nor provides a basis for habeas relief. 5 See Beck v. … As explained above, under clearly established federal due process standards, Little’s plea was knowing and voluntary.

Stanley Williams v. Jeanne Woodford, Warden, California State Prison, San Quentin

306 F.3d 665 · Court of Appeals for the Ninth Circuit · Sep 10, 2002

After reviewing the record, we conclude that none of the district court’s factual findings are clearly erroneous. … Accordingly, the factual finding is not clearly erroneous.

United States v. Ruben Sahagun-Gallegos

782 F.3d 1094 · Court of Appeals for the Ninth Circuit · Apr 10, 2015

Under § 3E1.1(a) of the Sentencing Guidelines, a defendant is entitled to have his total offense level decreased by 2 if he “clearly demonstrates acceptance of responsibility for his offense.” … The district court reduced Sahagun-Gallegos’s offense level by 2 because he clearly demonstrated acceptance of responsibility.

Derrick Young v. United States

22 F.4th 1115 · Court of Appeals for the Ninth Circuit · Jan 18, 2022

The panel also held that Lewis and Young cannot, as a matter of law, establish the “relies on” requirement. … Lewis and Young cannot, as a matter of law, establish the “relies on” requirement.