Case law
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34 F. App'x 377 · Court of Appeals for the Ninth Circuit · May 10, 2002
As noted by the state appeals court, defense counsel was allowed on cross examination to question Agan regarding his prior drug use, his involvement in the drug trade, his familiarity with guns and laser sights, and the immunity … Although Sanders has quoted Supreme Court cases on witness bias, the state trial court’s rulings did not violate the clearly established principles therein. 28 U.S.C. § 2254 (d)(1); Williams v.
Cited 0 timesPublishedCourt of Appeals for the Ninth Circuit · Jul 16, 2007
attachment immunity. … “At issue” is not synonymous with identity of subject matter, a distinction that Congress clearly understood when it drafted TRIA.
Cited 0 timesPublishedPejic v. Hughes Helicopters, Inc.
840 F.2d 667 · Court of Appeals for the Ninth Circuit · Feb 24, 1988
To establish a prima facie case of age discrimination, Pejic must show: 1. he was a member of a protected class; 2. he applied for a position for which he was qualified; and 3. he was denied a promotion which was given to … If Pejic’s claim is not time-barred, he still fails to establish a prima facie case of age discrimination. No evidence shows he was qualified for the positions. He admits he never applied for them.
Cited 67 timesPublishedAlfred Branco Edward Branco Steven Branco v. Ufcw-Northern California Employers Joint Pension Plan
279 F.3d 1154 · Court of Appeals for the Ninth Circuit · Feb 11, 2002
Id. 3 Anna’s estate and/or heirs are similarly precluded as qualified beneficiaries. … Such eventualities clearly contravene Egelhoff s holding.
Cited 19 timesPublishedRickey 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
Cited 19 timesUnpublishedCourt of Appeals for the Ninth Circuit · May 23, 2024
Spiece is shielded from civil liability by qualified immunity. … We need not consider the “clearly established constitutional right” prong of qualified immunity in this case. See Pearson v.
Cited 0 timesUnpublished767 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.
Cited 0 timesPublished617 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.'’
Cited 30 timesPublishedLong 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 .
Cited 8 timesPublishedElizabeth Dole v. West Extension Irrigation District
909 F.2d 349 · Court of Appeals for the Ninth Circuit · Jul 17, 1990
As a result, the workers on those ditches do not qualify for the exemption under its plain terms. … However, such exemptions to the FLSA are “narrowly construed against the employers seeking to assert them and their application limited to those establishments plainly and clearly within their terms and spirit.”
Cited 10 timesPublishedGlenda 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
Cited 161 timesPublishedVivian C. ARUTA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent
80 F.3d 1389 · Court of Appeals for the Ninth Circuit · Apr 10, 1996
The focus of this appeal is on the question of whether Vivian Aruta’s fear of persecution is objectively reasonable, so as to qualify her for asylum. … All the evidence in the record, including testimony and declarations from highly qualified experts and Philippine officials, clearly and without contradiction shows that ex-officials and their family members are at risk.
Cited 166 timesPublishedUnited 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).
Cited 153 timesPublished828 F.3d 1143 · Court of Appeals for the Ninth Circuit · Jul 15, 2016
Here, it is possible to read the state court’s decision in a way that comports with clearly established federal law. … Under AEDPA, because we can read the decision to comport with clearly established federal law, we must do so.
Cited 56 timesPublishedUnited States v. Wayne Lee Campbell
439 F.2d 1087 · Court of Appeals for the Ninth Circuit · Mar 2, 1971
In order to qualify for a ministerial exemption, one must be either a “Megular” or a “duly ordained” minister of religion. 50 U.S.C.App. § 456 (g). … And since the ministerial exemption is a matter of legislative grace, the selective service registrant bears the burden of clearly establishing a right to the exemption.” Dickinson v.
Cited 8 timesPublishedGibson v. Merced County Department of Human Resources
799 F.2d 582 · Court of Appeals for the Ninth Circuit · Sep 12, 1986
, and (5) that the *586 individual defendants were entitled to qualified good faith immunity. … However, hindsight alone is not enough to establish a constitutional violation. We must examine the officials’ actions in the context in which they occurred.
Cited 3 timesPublished244 F.3d 708 · Court of Appeals for the Ninth Circuit · Mar 26, 2001
Appellants have failed to demonstrate that the district court clearly erred in finding that Kaiser’s amendment was not prejudicial. … Cencom Cable Assocs., Inc., 999 F.2d 223, 225-26 (7th Cir.1993) (stating that “[p]arties to Title VII actions enjoy no immunity from res judicata”); Woods v.
Cited 940 timesPublishedCourt of Appeals for the Ninth Circuit · Apr 7, 2020
, whether or not certain given facts showed a violation of clearly established law.’” … clearly established that takes the facts in the light most favorable to the Plaintiffs.
Cited 0 timesUnpublished73 F.3d 1470 · Court of Appeals for the Ninth Circuit · Dec 11, 1995
Sarno and Knapp on the preparation of the June 28 submission, so testified (under a grant of immunity). … Knapp and Sarno on this scheme and both of whom testified under a grant of immunity. Mr.
Cited 1 timesPublished525 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.'
Cited 3 timesPublished
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