Case law

Louis A. And Merridawn Browning v. Commissioner of Internal Revenue

890 F.2d 1084 · Court of Appeals for the Ninth Circuit · Dec 5, 1989

In order to qualify as depreciable property, a taxpayer must first show that the item is used for business. Id. … The Tax Court did not clearly err when it upheld the IRS’ decision not to allow the Brownings to deduct the expense incurred in maintaining their practice room.

David Breidenbach v. City of Spokane

534 F. App'x 595 · Court of Appeals for the Ninth Circuit · Jul 22, 2013

To overcome a qualified immunity defense, a plaintiff must establish both: (1) that the defendants violated a statutory or constitutional right; and (2) that the right was “clearly established” at the time of the challenged … Ct. at 2084 (holding that courts must not “define clearly established law at a high level of generality”).

Carlos Melara v. James J. Kennedy

541 F.2d 802 · Court of Appeals for the Ninth Circuit · Oct 8, 1976

State Action It is well established that purely private action is immune from the restrictions of the fourteenth amendment, but to distinguish between private action and state action can sometimes be difficult. … There was very little agreement in Culbertson , however, as to the applicable standard to be used and what factors were to be considered in determining whether private conduct qualified as state action.

Soldano v. United States

453 F.3d 1140 · Court of Appeals for the Ninth Circuit · Jul 11, 2006

UNITED STATES immunity for tort claims arising out of the negligent conduct of government employees acting within the scope of their employment. Id. … ARA, . . . than a mistaken judgment in a matter clearly involving choices among political, economic, and social factors.” Id. at 1216. And in Seyler v.

Wells Fargo Bank v. United States

1 F.3d 830 · Court of Appeals for the Ninth Circuit · Jul 27, 1993

Execution has to have been before 1979 to qualify. Second, the government argues that the value of the remainder was not ascertainable at the time of Mrs. Wand's death, so it cannot qualify for the charitable deduction. … Clearly, Mrs.

11 Fair empl.prac.cas. 787, 10 Empl. Prac. Dec. P 10,503 United States of America v. Navajo Freight Lines, Inc., International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America

525 F.2d 1318 · Court of Appeals for the Ninth Circuit · Nov 5, 1975

Local Unions, area conferences, and subordinate bodies are entitled to many rights and immunities and subject to many duties and liabilities by reason of particular provisions of the Constitution and By-laws. 2 The powers … It merely established an orderly method by which members of the discriminatee class could apply and qualify for road driver positions 'when vacancies occur.'

Paul Klein v. Brian Williams, Sr.

714 F. App'x 631 · Court of Appeals for the Ninth Circuit · Oct 2, 2017

A defendant is not entitled to qualified immunity if (1) “the facts alleged show the [defendant]’s conduct violated a constitutional right,” and (2) that constitutional right was “clearly established” at the time of the … established law.

LOUISA THURSTON v. CITY OF NORTH LAS VEGAS POLICE DEPARTMENT

Court of Appeals for the Ninth Circuit · Feb 28, 2014

The defendants moved for summary judgment on qualified immunity grounds. … Thus, Thurston’s constitutional right was clearly established at the time of the shooting and the officers are not entitled to qualified immunity. 3.

Admiral Insurance Company v. United States District Court

881 F.2d 1486 · Court of Appeals for the Ninth Circuit · Aug 9, 1989

Based upon established principles underlying the nature and purpose of the attorney-client privilege, we hold that the district court's ruling is clearly incorrect and results in an unwarranted extension of the law. … The work-product rule is not a privilege but a qualified immunity protecting from discovery documents and tangible things prepared by a party or his representative in anticipation of litigation. Fed.R.Civ.P. 26(b)(3).

United States v. Johnny Etimani, United States of America v. Johnny Etimani

328 F.3d 493 · Court of Appeals for the Ninth Circuit · Apr 21, 2003

The sentencing court may consider “documentation or judicially noticeable facts that clearly establish that the predicate conviction qualified under [the statute].” Id. (quoting United States v. … Under these circumstances, the district court correctly ruled that the government failed to establish that the California prior conviction qualified as predicate offense for purposes of § 2241(c).

United States v. Steven George Nelson

222 F.3d 545 · Court of Appeals for the Ninth Circuit · Aug 16, 2000

The Smith court did not focus on, and did not analyze, the issues of which party has the burden of proof and by what quantum that party must establish whether the alleged conduct did, or did not, occur. … The Vasquez court then goes on to note that, “[i]n contrast to § 2D1.1, the defendant has the burden of proof of proving that he qualifies for sentencing under § 5C1.2....

Housing Pioneers, Inc. v. Commissioner, Internal Revenue Service

49 F.3d 1395 · Court of Appeals for the Ninth Circuit · Mar 7, 1995

Fairly clearly, Congress sought to encouragé low-income housing by encouraging nonprofits to join with for-profits in providing it. … Nothing in the record establishes such a determination by a State housing credit agency.

Long v. United States Internal Revenue Service

742 F.2d 1173 · Court of Appeals for the Ninth Circuit · Sep 14, 1984

Alternatively, the government argues that section 6103 qualifies as an exemption statute under Part A of 5 U.S.C. § 552 (b)(3) and that de novo review of Part A statutes is limited merely to establishing the factual existence … Part B of exemption 3 clearly contemplates statutes authorizing agency discretion. Church of Scientology, 633 F.2d at 1330 .

Luis Sanchez v. Jefferson Sessions

870 F.3d 901 · Court of Appeals for the Ninth Circuit · Aug 30, 2017

We have held that a reasonable officer should have known that his or her conduct violates the Constitution if the case law clearly established that such conduct was unconstitutional. Id. at 1450 . … Sanchez argues that a reasonable Coast Guard officer would have known that the case law clearly established that it was unconstitutional to seize him based on his Latino ethnicity alone. We agree.

Casey Martin v. Pga Tour, Inc., a Maryland Corporation

204 F.3d 994 · Court of Appeals for the Ninth Circuit · Mar 6, 2000

There was ample evidence to support all of these findings, and they are not clearly erroneous. … Nothing in the record establishes that an individualized determination would impose an intolerable burden on PGA.

United States v. Castillo-Rivera

244 F.3d 1020 · Court of Appeals for the Ninth Circuit · Mar 26, 2001

Bonat, 106 F.3d 1472, 1476-77 (9th Cir.1997) (discussing Taylor analysis in the context of a guilty plea and what documents may be considered by the court to establish a prior conviction). … Thus the guideline itself also clearly anticipated that' “similar” state firearms offenses would constitute aggravated felonies under § 1101(a)(43)(E).

Tabalanza v. Ashcroft

109 F. App'x 995 · Court of Appeals for the Ninth Circuit · Sep 30, 2004

Under the modified categorical approach, “courts may examine the record for documentation or judicially noticeable facts that clearly establish that the conviction is a predicate conviction for enhancement purposes.” … Tabalanza’s judgment of conviction therefore establishes that he was convicted for having sex with a 14-year-old. Under our case law, sexual conduct with a 14-year-old qualifies as “sexual abuse of a minor.”

Douglas Cruz v. Joseph Decker

Court of Appeals for the Ninth Circuit · Mar 17, 2021

“Qualified immunity shields federal and state officials from money damages unless a plaintiff pleads facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly … a clearly established right.”

Nicholson v. Hyannis Air Service, Inc.

580 F.3d 1116 · Court of Appeals for the Ninth Circuit · Sep 8, 2009

This court has long held that subjective criteria should not be considered in determining whether a plaintiff is “qualified” for purposes of establishing a prima facie case under McDonnell Douglas. … Considér *1125 ing only the objective criteria required to perform as an ATR 42 pilot, Nicholson was clearly qualified. B.

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.