Case law

Timothy McKibben v. William Knuth

Court of Appeals for the Ninth Circuit · Sep 19, 2019

Knuth also contends, however, that he is entitled to qualified immunity regardless of how that dispute is resolved because his use of force was objectively reasonable and was not prohibited by clearly established law. … The district court did not err in denying Knuth qualified immunity. Viewing the evidence in the light most favorable to McKibben, Knuth violated clearly established law by taking down McKibben with a leg sweep.

California v. United States Department of the Navy

845 F.2d 222 · Court of Appeals for the Ninth Circuit · Apr 27, 1988

Finally, we decline the invitation to find a Congressional waiver of sovereign immunity without finding the requisite explicit Congressional intent. See United States v. … Congress clearly did not intend such a result.

Fed. Sec. L. Rep. P 98,601 South Coast Services Corp., a California Corporation v. Santa Ana Valley Irrigation Co.

669 F.2d 1265 · Court of Appeals for the Ninth Circuit · Feb 24, 1982

There was no established market for SAVI stock, although occasionally in the three years prior to 1977 a few shares were traded for prices ranging from $400 to $700 per share. … No guidelines were established and no method of evaluation was followed.

Conrad Joyner v. Rose Mofford, Secretary of State, State of Arizona Robert K. Corbin, Attorney General, State of Arizona

706 F.2d 1523 · Court of Appeals for the Ninth Circuit · May 23, 1983

Davis involved a Florida law which provided that no state officeholder could qualify for election to another office unless he had first resigned from the state position — a “resign to qualify to run” statute. … Article 22, § 18 infringes neither the Fourth Amendment nor the Privileges and Immunities Clause.

Ronald S. Miller v. Jeff Rich and National Transportation Safety Board

845 F.2d 190 · Court of Appeals for the Ninth Circuit · Apr 20, 1988

If they request participation, they or their qualified representative should be permitted participation. All parties must satisfy the IIC that their personnel are suitably qualified and will actually be of assistance. … First, Appellant in this case is the owner of the aircraft while the party seeking participation in Graham had not established an ownership interest. 805 F.2d at 1389, n. 6 .

W. Willard Wirtz, Secretary of Labor, United States Department of Labor v. Von Carstedt, Individually and Doing Business as C-Air Aviation

362 F.2d 67 · Court of Appeals for the Ninth Circuit · May 6, 1966

Thus even assuming that, as to these goods and service, the other statutory retail establishment criteria apply, these miscellaneous sales would not be sufficient, standing alone, to qualify defendant for that exemption. … Sfc % ífc iH ❖ “(4) any employee employed by an establishment which qualifies as an exempt retail establishment under clause (2) of this subsection and is recognized as a retail establishment in the particular industry notwithstanding

Rincon-Perez v. City of Sparks

87 F. App'x 619 · Court of Appeals for the Ninth Circuit · Jan 9, 2004

Once probable cause has been established, the police are neither required to “investigate independently every claim of innocence,” nor compelled “by the Constitution to perform an error-free investigation of such a claim. … Ill Because “no constitutional right[s] would have been violated were [RinconPerez’s] allegations established, there is no necessity for further inquiries concerning qualified immunity.” Saucier v.

Lisa Yearick v. Robert Leatham

Court of Appeals for the Ninth Circuit · Sep 12, 2023

“To determine whether the officers are entitled to qualified immunity, we consider (1) whether there has been a violation of a constitutional right; and (2) whether that right was clearly established at the time of the … County of Santa Barbara, 868 F.3d 1110, 1115 (9th Cir. 2017) (both prongs of the qualified immunity analysis must be satisfied to overcome a qualified immunity defense).

Phillip Carson v. Charles Ryan

Court of Appeals for the Ninth Circuit · Mar 24, 2025

Sullivan, 705 F.3d 1021, 1026 (9th Cir. 2013) (summary judgment and qualified immunity determination); Rosebrock v. Mathis, 745 F.3d 963, 970 n.8 (9th Cir. 2014) (mootness determination); Resnick v. … Rickard, 572 U.S. 765, 778-79 (2014) (defendants sued under § 1983 are entitled to qualified immunity unless they violated a right that was clearly established, meaning that “the right’s contours were sufficiently definite

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.

Timothy O. v. Paso Robles Unified School District

822 F.3d 1105 · Court of Appeals for the Ninth Circuit · May 23, 2016

Regardless of Paso if he qualified for further regional center services, which he would qualify for only if he had mental retardation, epilepsy, cerebral palsy, or autism. … To the contrary, the record clearly establishes that the reason Paso Robles did not assess Luke for autism was because it did not subjectively believe that he was autistic and because Peck had not observed any autistic-like

Murphey v. United States

179 F.2d 743 · Court of Appeals for the Ninth Circuit · Jan 25, 1950

That Act , establishes liability only “under circumstances where the United States, if a private person, would be liable.” … Our decision was but a reflection of a historic policy which is part of general maritime law—a policy so clearly described by Professor James Henry Willock. 46 U.S.C.A.

Albertson's, Inc., Petitioner-Appellant-Cross-Appellee v. Commissioner of Internal Revenue, Respondent-Appellee-Cross-Appellant

38 F.3d 1046 · Court of Appeals for the Ninth Circuit · Dec 30, 1993

to qualify as interest. … Second, HVAC systems clearly provide a comfortable shopping environment for Al-bertson’s customers.

Parks v. Watson

716 F.2d 646 · Court of Appeals for the Ninth Circuit · Sep 22, 1983

Antitrust Immunity The City argues that even if the district court erred in concluding that Klamath lacked standing, the judgment should be affirmed on the ground that the City is *663 immune from antitrust liability under … statute would not immunize the anticompetitive conduct complained of by Klamath.

4 soc.sec.rep.ser. 80, unempl.ins.rep. Cch 15,133 Mario Lopez v. Margaret M. Heckler, Secretary of Health and Human Services

725 F.2d 1489 · Court of Appeals for the Ninth Circuit · Feb 22, 1984

We believe that the Secretary is clearly correct on this point. … Clearly the two types of cases are materially different.

MacArio Dagdagan v. Jason Wentz

428 F. App'x 683 · Court of Appeals for the Ninth Circuit · Apr 14, 2011

Two of the officers, Jason Wentz (“Wentz”) and John Boyd (“Boyd”), sought qualified immunity. Indulgently taking the facts as offered by Wentz and Boyd, the district court denied qualified immunity. … No emergency or exigency justified the officers’ flagrant invasions of clearly established constitutional rights. AFFIRMED. 4

Peter H. Doggett v. United States

858 F.2d 555 · Court of Appeals for the Ninth Circuit · Oct 3, 1988

Similarly, the security guard at the main gate was clearly acting within the scope of his employment when he allegedly negligently permitted Gorman to leave the base in an intoxicated condition. … Clements, 146 Cal.App.3d 983 , 194 Cal.Rptr. 553 (1983) (no duty to protect minors at party officers investigated because no special relationship established).

John Kita v. City of Seattle

484 F. App'x 136 · Court of Appeals for the Ninth Circuit · Jun 7, 2012

Kita’s right to be free from such force was clearly established at the time of Clay’s conduct. Blankenhorn, 485 F.3d at 481. … Because a rational fact-finder could conclude that Clay violated Kita’s clearly established constitutional rights, the district court did not err in denying qualified immunity. 3.

United States v. Eduardo Gallegos-Gonzalez

3 F.3d 325 · Court of Appeals for the Ninth Circuit · Aug 24, 1993

Ill Gallegos argues next that his 1989 state drug conviction is not a felony and cannot be used to establish career offender status under section 4B1.2(3). … Health & Safety Code § 11379.5 (West 1991), qualifies as a controlled substance offense and a prior felony conviction.

Plumstead Theatre Society, Inc. v. Commissioner of Internal Revenue

675 F.2d 244 · Court of Appeals for the Ninth Circuit · Apr 21, 1982

Its initial proposed activities include the presentation of dramatic theatre productions, the formation of a workshop for new American playwrights, and the establishment of a fund to assist the new and established playwrights … The Tax Court’s finding was not clearly erroneous. Thompson v. C.I.R., 631 F.2d 642, 646 (9th Cir. 1980), cert. denied, 452 U.S. 961 , 69 L.Ed. 972 , 101 S.Ct. 3110 (1981); Sibla v.