Case law

The Chemehuevi Indian Tribe v. California State Board of Equalization George R. Reilly Iris Stankey William M. Bennett Richard Nevins Kenneth Cory Individually and in Their Official Capacities as Members of the California State Board of Equalization Bank of America N.T. & S.A., a National Banking Association and David Cordier, Individually and in His Capacity as Employee of the California State Board of Equalization the Chemehuevi Indian Tribe v. California State Board of Equalization Reilly, George R. Stankey, Iris Bennett, William M. Nevins, Richard & Cory, Kenneth Individually & in Their Official Capacities as Members of the California State Board of Equalization

757 F.2d 1047 · Court of Appeals for the Ninth Circuit · Apr 12, 1985

Quinault Indian Nation, 709 F.2d 1319 (9th Cir.1983), cert. denied, --- U.S. ----, 104 S.Ct. 2655 , 81 L.Ed.2d 362 (1984)--have deviated from the established analytic model. 9 In Cardin, the district court had granted a non-Indian's … The purchase of previously untaxed cigarettes from in-state Indian tribes clearly does not fall within any one of these categories.

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.

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).

Michael Cuero v. Matthew Cate

827 F.3d 879 · Court of Appeals for the Ninth Circuit · Jun 30, 2016

Under clearly established Supreme Court law, the plea agreement bound the government. See Mabry v. … The Superior Court also unreasonably applied clearly established federal law by failing to order specific performance of Cuero’s plea agreement.

United States v. Perry

190 F. App'x 571 · Court of Appeals for the Ninth Circuit · Jul 21, 2006

The affidavit in support of the application to search Perry’s car also established a fair probability that the car contained contraband. See id. … The government may supplement the record to establish that Perry has three qualifying felonies. The district court shall reconsider only whether Perry qualifies for an enhancement under the ACCA.

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

Rickey Egberto v. Nevada Dep't. of Corrections

678 F. App'x 500 · Court of Appeals for the Ninth Circuit · Feb 6, 2017

List, 880 F.2d 1040, 1045 (9th Cir. 1989) (“The Nevada Department of Prisons, as a state agency, clearly was immune from suit under the Eleventh Amendment.”). … We also reject the district court’s alternative holding that Appellees are entitled to qualified immunity, which is appropriate only when a plaintiff cannot show that the defendants violated a clearly established constitutional

Lester Canada v. Gene Beitler

Court of Appeals for the Ninth Circuit · Mar 6, 2020

As of 2016, the law was clearly established that appellants’ actions would violate Canada’s Eighth Amendment rights. … See Ashcroft v. al-Kidd, 563 U.S. 731, 735, 741 (2011) (for purposes of qualified immunity, “[a] government official’s conduct violates clearly established law when, at the time of the challenged conduct, [t]he contours

Jessie Lee Stoddard-Nunez v. City of Hayward

Court of Appeals for the Ninth Circuit · Jun 10, 2020

The district court also ruled that even if Officer Troche had used excessive force, he was entitled to qualified immunity because the law was not clearly established. … At the time of the incident, it was clearly established that officers are not entitled to qualified immunity for shooting at an individual in a fleeing vehicle that does not pose a danger to them or to the public.

Martinez v. City of Los Angeles

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

The district court did not err in granting summary judgment to Defendants on Martinez’s excessive-force and failure-to-intervene claims because Defendants are entitled to qualified immunity. … Because it was not clearly established that Beumer used excessive force, Pina-Ruiz had no clearly established duty to intercede. See Cunningham v. Gates, 229 F.3d 1271, 1289 (9th Cir. 2000). 3.

Mario De La Fuente Manriquez v. City of Phoenix

654 F. App'x 350 · Court of Appeals for the Ninth Circuit · Jun 24, 2016

Plaintiffs contend that this evidence would “clearly satisfy the ‘plus’ portion of the so-called stigma plus test.” Plaintiffs’ request is denied. … Qualified immunity protects the individual City Defendants absent objective malice. See Chamberlain v. Mathis, 729 P.2d 905, 913 (Ariz. 1986). Plaintiffs failed to demonstrate objective malice. See id.

Cindy Garcia v. Google, Inc.

743 F.3d 1258 · Court of Appeals for the Ninth Circuit · Feb 26, 2014

He wrote that the plaintiff did not establish a likelihood that she had a copyrightable interest in her acting performance, nor did she clearly show that the performance was not a work made for hire. … Because Garcia does not qualify as an author under Aalmuhammed, the law and facts do not clearly favor protecting her acting performance under the Copyright Act. c.

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.

Hedgecock v. Blackwell Land Co., Inc.

52 F.3d 333 · Court of Appeals for the Ninth Circuit · Apr 7, 1995

Omni Outdoor Advertising, Inc., 499 U.S. 365, 370 (1991), local governments may nonetheless qualify for Parker immunity where they are acting with state authority under a "clearly expressed state policy" to displace competition … To qualify as "clearly articulated," the statute expressing state policy need not explicitly permit the displacement of competition. City of Columbia, 499 U.S. at 373 .

Sefo Fatai v. Mark Ramos

Court of Appeals for the Ninth Circuit · Feb 29, 2024

Defendants appeal the district court’s order denying their motion for summary judgment on qualified immunity grounds. … To the extent that Defendants argue that the district court did not determine that the officers’ conduct violated clearly established law, they waived those 2 arguments.

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.

Antoine Johnson v. United States

139 F.4th 830 · Court of Appeals for the Ninth Circuit · Jun 3, 2025

Henry, 984 F.3d 1343, 1356 (9th Cir. 2021), we affirmed long-standing precedent establishing that Pinkerton attaches liability for substantive crimes that are reasonably foreseeable in furtherance of a conspiracy, including … Neither is Henry clearly irreconcilable with Alfred.

Wendy Thomas v. County of Riverside Sheriff's

763 F.3d 1167 · Court of Appeals for the Ninth Circuit · Aug 18, 2014

But the defendants establish beyond dispute that they would have launched this investigation even absent Thomas’s union activity. Spargur’s letter included grave accusations and graphic details. … Although urged by defendants to address qualified immunity in the first instance on appeal because it was not reached below, we decline to do so, in favor of the district court doing so upon remand, for defendants Grotefend

Jerry Edmon Fordyce v. City of Seattle, Jerry Edmon Fordyce v. City of Seattle M.S. Donnelly C. Villagracia, (Two Cases.) Jerry Edmon Fordyce v. City of Seattle, and M.S. Donnelly C. Villagracia

55 F.3d 436 · Court of Appeals for the Ninth Circuit · May 16, 1995

These claims merit a trial. 8 As to the Sec. 1983 claims stemming from Fordyce's arrest, we agree with the district court that the officers are entitled to qualified immunity from suit for damages. Act Up!/Portland v. … Accordingly, all the individual police officer defendants are entitled to qualified immunity with respect to Fordyce's Sec. 1983 damages claims relating to his arrest. 11 We also affirm the district court's decision granting

Morrison v. Hall

261 F.3d 896 · Court of Appeals for the Ninth Circuit · Aug 17, 2001

immunity. … Specifically, we affirmed the district court's decision granting summary judgment to the defendants on qualified immunity grounds. 3 However, we reversed the district court's ruling that Morrison did not have standing to