Case law

Cornejo v. County of San Diego

504 F.3d 853 · Court of Appeals for the Ninth Circuit · Sep 24, 2007

Thus, it is § 1983, not the Vienna Convention, that would establish the right to sue. … The Seventh Circuit clearly applied the Gonzaga standard and held that individual rights, once identified in the treaty, were presumptively enforceable under § 1983. See Jogi, 480 F.3d at 827-836 .

Frank Galvan v. Kenneth Duffie

Court of Appeals for the Ninth Circuit · Jun 3, 2020

Under the “clearly established” prong of qualified immunity analysis, a “right’s contours [are] sufficiently definite [if] any reasonable official in the defendant’s shoes would have understood he was violating it.” … Therefore, Defendant-Appellant had “fair notice that [his] conduct was unlawful,” based on the clearly established law. See Kisela v. Hughes, 138 S. Ct. 1148, 1152 (2018).

Living Designs, Inc. v. E.I. Dupont De Nemours and Co.

431 F.3d 353 · Court of Appeals for the Ninth Circuit · Dec 5, 2005

;” and (3) “there is no stated or clear Congressional intent to abrogate litigation immunity.” … “Rule 702 allows admission of ‘scientific, technical, or other special- ized knowledge’ by a qualified expert if it will ‘assist the trier of fact to 15664 LIVING DESIGNS v. E.I.

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.

United States v. Alvarez

617 F.3d 1198 · Court of Appeals for the Ninth Circuit · Aug 17, 2010

Because the majority has rewritten established First Amendment law, I respectfully dissent. … immunized by the First Amendment right to petition.'’

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. Misael Hernandez-Hernandez

387 F.3d 799 · Court of Appeals for the Ninth Circuit · Oct 27, 2004

In the stipulated 995 Motion, 6 Hernandez-Hernandez admitted to a particular set of facts that clearly involve violence and the use of force. … It looked to the statute of conviction and to judicially noticeable facts, the stipulated factual basis, which “unequivocally establish!

Commodity Futures Trading Commission v. Frankwell Bullion Ltd.

99 F.3d 299 · Court of Appeals for the Ninth Circuit · Oct 29, 1996

Once a customer established a position, the position would be automatically “rolled-over” to the next day’s “spot” price if the customer did not offset or liquidate his position. … Co Petro clearly was an association of persons engaged in the business of selling commodities (petroleum products) within the plain meaning of the statute defining “board of trade.”

Rajabian v. Mercedes-Benz USA, LLC

Court of Appeals for the Ninth Circuit · Sep 17, 2025

The panel held that the minute order qualified as a separate document because it clearly signaled, in unadorned fashion, that the matter was fully closed. … There, the defendants appealed from a collateral order—the district court’s denial of qualified immunity— whereas Plaintiffs here appeal a stay under the Colorado River doctrine, which our court treats as a final order.

Irwin Memorial Blood Bank of the San Francisco Medical Society v. American National Red Cross

640 F.2d 1051 · Court of Appeals for the Ninth Circuit · Mar 26, 1981

In addition, Irwin directs us to the Supreme Court’s decision in which the Red Cross was held to be “an instrumentality of the United States for purposes of immunity from state taxation. ... ” Department of Employment v. … As such, it was required to review health care provided to hospital patients covered by Medicaid and Medicare and to make final and binding determinations as to whether the care rendered was necessary and therefore qualified

Atonio v. Wards Cove Packing Company

810 F.2d 1477 · Court of Appeals for the Ninth Circuit · Feb 23, 1987

Bethlehem Steel Corp., 635 F.2d 1007, 1019 (2d Cir.1980) (noting that some members of the plaintiff class were clearly qualified, despite the employers' protestations to the contrary), cert. denied, 452 U.S. 940 , 101 S.Ct … If this were treated as a job qualification, under my analysis the impact analysis would apply, but the plaintiffs would have failed to establish a prima facie case because they were not qualified.

William Forest Big Spring Sr. v. The United States of America, Bureau of Indian Affairs, Melba Josephine Arnoux Woodhouse v. The United States of America, Bureau of Indian Affairs

767 F.2d 614 · Court of Appeals for the Ninth Circuit · Jul 31, 1985

Secs. 331-358 (1982), established procedures for selection of allotments of reservation land to individual Indians. … are generally immune from suit.

Sara Lowry v. City of San Diego

818 F.3d 840 · Court of Appeals for the Ninth Circuit · Apr 1, 2016

The City appears to argue that it is entitled, to qualified immunity because there was no “clearly established” law holding its bite-and-hold policy unconstitutional. The City is mistaken for two reasons. … First, qualified immunity analysis is irrelevant to the issue of Monell liability. See Brandon v.

In Re Recalcitrant Witness Richard Boeh, Julia Gomez v. Daryl Gates, and United States of America

25 F.3d 761 · Court of Appeals for the Ninth Circuit · May 27, 1994

We do not decide here that Boeh may never be required to testify or that section 16.22(a) establishes an absolute privilege. … VI, cl. 2, or sovereign immunity. We did not, however; we upheld the district court’s dismissal of the contempt action on the basis of the Touhy doctrine without reference to the Supremacy Clause or sovereign immunity.

Tony Legatos (True Name Antonio Legatos) and John Glynn v. United States

222 F.2d 678 · Court of Appeals for the Ninth Circuit · Jun 30, 1955

for each establishment. … . 10 It is our conclusion that, considered as a whole the Court’s instructions on intent and wilfulness clearly and correctly *688 stated the law and were not such as to mislead the jury.

Glenda Smith and Ray Martin v. Howard Barton, Larry Barnes, Jack Ugaki, and Brian Wardle

914 F.2d 1330 · Court of Appeals for the Ninth Circuit · Sep 19, 1990

U. suggests that a prima facie case can be established by proving that the plaintiff “applied for a position for which he was qualified and was rejected under circumstances indicating discrimination on the basis of an impermissible … any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities

Bmbp v. Shane Jeffries

Court of Appeals for the Ninth Circuit · Jul 3, 2023

Bull, 547 F.3d 1162, 1169 (9th Cir. 2008) (stressing that the Service “clearly retained the authority to change course or to alter the plan it was considering implementing”); see also Nat’l Audubon Soc’y v. … But, a project is not rendered highly controversial simply because “qualified experts disagree.” Greenpeace Action v. Franklin, 14 F.3d 1324, 1335 (9th Cir. 1992).

Howard Baldwin v. United States

921 F.3d 836 · Court of Appeals for the Ninth Circuit · Apr 16, 2019

Although the doctrine of sovereign immunity would ordinarily bar such a suit, the United States has waived its immunity from suit by allowing a taxpayer to file a civil action to recover “any internal- revenue tax alleged … Courts on this side of the split relied on the principle that statutes should not be read as displacing the common law unless Congress clearly so intended, while noting that Congress did not clearly state in § 7502 that it

Gary Benn v. John Lambert, Superintendent of the Washington State Penitentiary

283 F.3d 1040 · Court of Appeals for the Ninth Circuit · Feb 26, 2002

We further hold that the Washington Supreme Court’s decision to the contrary was clearly erroneous and constitutes an unreasonable application of clearly established Supreme Court law. *1060 C. … We also hold that the state court ruling regarding the exculpatory evidence was clearly erroneous and thus constituted an “unreasonable application” of clearly established Supreme Court precedent. y.