Case law

Harold Blake and Margaret Carlson, and Cross-Defendants v. G. Ray Arnett, Simpson Timber Company, a Corporation, Cross-Plaintiff And

663 F.2d 906 · Court of Appeals for the Ninth Circuit · Dec 14, 1981

Such an encumbrance on land may not fit easily into the established categories of the common law or equity, but we do not regard this as fatal to it. … The prerequisites for class actions are clearly stated in Rule 23, and the cases merely apply the Rule to various fact situations.

Moriah Zeigler v. County of San Luis Obispo

Court of Appeals for the Ninth Circuit · Jun 21, 2024

Under the two-pronged qualified immunity test, we ask whether the facts show that an official violated a constitutional right, and whether that right was “clearly established” at the time of the alleged violation. … Without that fair notice, the social workers in this case are entitled to qualified immunity.” Id. at 793. 3.

San Lazaro Ass'n v. Connell

286 F.3d 1088 · Court of Appeals for the Ninth Circuit · Apr 17, 2002

Single state agency requirement Among the requirements that the Medicaid Act established for state programs, 42 U.S.C. § 1396a(a)(5) mandates that a participating State “provide for the establishment or designation of a single … In order for an agency to qualify as the Medicaid agency— (1) The agency must not delegate, to other than its own officials, authority to— *1093 (1) Exercise administrative discretion in the administration or supervision

Rossye Dawson, Individually and on Behalf of All Others Similarly Situated v. Beverlee A. Myers

622 F.2d 1304 · Court of Appeals for the Ninth Circuit · Jul 30, 1980

Both Beltran and Manahan were medically needy and otherwise qualified to receive Medi-Cal benefits. … It therefore clearly comes within the exception to the first clause of the statute.

Chassidy Nesmith v. County of San Diego

Court of Appeals for the Ninth Circuit · Apr 13, 2020

To defeat qualified immunity, NeSmith must establish that (1) the Deputies “violated a statutory or constitutional right,” and (2) “that the right was ‘clearly established’ at the time of the challenged conduct.” … “In an interlocutory appeal challenging the denial of qualified immunity, we must construe the facts in the light most favorable to the plaintiff.” Orn v. City of Tacoma, 949 F.3d 1167, 1171 (9th Cir. 2020).

Justin Rider v. David Tristan

Court of Appeals for the Ninth Circuit · Sep 16, 2020

Ct. 305, 308 (2015) (per curiam) (discussing qualified immunity; explaining that a clearly established right “is one that is sufficiently clear that every reasonable official would have understood that what he is doing … Morris, 736 F.3d 829, 834-36 (9th Cir. 2013) (explaining limited scope of review of an interlocutory appeal involving denial of qualified immunity).

Cabazon Band of Mission Indians v. Smith

249 F.3d 1101 · Court of Appeals for the Ninth Circuit · May 17, 2001

Kiowa Tribe concerned whether a tribe’s sovereign immunity barred a civil suit against the tribe in state court, where the activity giving rise to the suit occurred off the reservation. 36 In holding that immunity did bar … off-reservation conduct, however, is not to say that a tribe no longer enjoys immunity from suit....

Derrick Oden, Sr. v. J. Acebedo

Court of Appeals for the Ninth Circuit · May 26, 2021

Qualified Immunity. “We review whether the officials are entitled to qualified immunity de novo.” Hines v. Youseff, 914 F.3d 1218, 1227 (9th Cir. 2019). … Here, the district courts properly found that the Defendants were entitled to qualified immunity because the “right to be free from heightened risk of Valley Fever was not clearly established when the officials acted.”

Lopez-Rodriguez v. Mukasey

536 F.3d 1012 · Court of Appeals for the Ninth Circuit · Aug 8, 2008

Few principles in criminal procedure are as well established as the maxim that "the Fourth Amendment has drawn a firm line at the entrance to the house. … If I am reading our decisions correctly, we have linked the exclusionary rule in civil cases to the qualified immunity standard: any constitutional violation for which an officer would lose immunity from suit is sufficient

Demetrice Sightler v. David Nisleit

Court of Appeals for the Ninth Circuit · Sep 23, 2019

based on qualified immunity.1 We have jurisdiction under 28 U.S.C. § 1291, and we reverse. … Defendants are entitled to qualified immunity because their conduct, even when viewed in the light most favorable to Sightler, did not violate clearly established law.

Rodriguez-Serrano v. Ashcroft

120 F. App'x 11 · Court of Appeals for the Ninth Circuit · Dec 27, 2004

With respect to proof on an applicant’s eligibility, the SAW statute provides: An alien can meet such burden of proof if the alien establishes that the alien has in fact performed [the requisite employment] by producing sufficient … Once Rodriguez-Serrano came forward with the original Pesina affidavit and two supporting notarized letters, he had clearly “produced] sufficient evidence to show the extent of [his] employment as a matter of just and reasonable

United States v. Harrison

179 F. App'x 411 · Court of Appeals for the Ninth Circuit · May 8, 2006

The evidence adduced at trial of the connection between interstate commerce and the firearm that Harrison allegedly possessed is more than sufficient to establish that the statute’s application to the appellant does not violate … The district court’s finding to the contrary is not clearly erroneous. See United States v. Nelson, 137 F.3d 1094 , 1110 (9th Cir.1998).

Carla Freeman v. Alberto R. Gonzales, Attorney General

444 F.3d 1031 · Court of Appeals for the Ninth Circuit · Apr 21, 2006

Nor does the VWP no-contest clause on its face clearly exempt VWP visitors from these procedures. See Jama v. … ‘We should not defer to an agency’s interpretation of a statute if Congress’s intent can be clearly ascertained through analysis of the language, purpose and structure of the statute.” NRDC v.

United States v. Carl Clayton Chenaur

552 F.2d 294 · Court of Appeals for the Ninth Circuit · Apr 18, 1977

We clearly stated in Feldstein v. … The evidence in the case need not establish that the Greenwood Savings and Loan Association was actually defrauded, but only that its officers acted with intent to defraud.

Schowengerdt v. United States

944 F.2d 483 · Court of Appeals for the Ninth Circuit · Sep 6, 1991

Schowengerdt argues that this constant surveillance was confined to enforcing compliance with regulations for securing classified documents, which were clearly marked as such, and that other materials that were clearly personal … immunity. .

United States v. Matson Nav. Co. The Louie III

201 F.2d 610 · Court of Appeals for the Ninth Circuit · Jan 19, 1953

The rule laid down in The Plymouth was qualified by the Supreme Court in The Blackheath, 1904, 195 U.S. 361 , 25 S.Ct. 46, 48 , 49 L.Ed. 236 . … The distinction must be drawn because the United States, as a sovereign, is immune from suit except to the extent and under the conditions to which it gives its consent, United States v.

Karen Yuen Fong YOUNG, Plaintiff-Appellant, v. Janet RENO, Attorney General of the United States, DefendantAppellee

114 F.3d 879 · Court of Appeals for the Ninth Circuit · Jun 4, 1997

Clarifying a prior BIA statement suggesting that the status of “parent,” once established, cannot be terminated, the BIA explained that to qualify as siblings under section 203(a)(5) of the INA, a petitioner must establish … Relying on its decision in Matter of Kong , the Board stated that “to qualify as siblings under section 203(a)(5) of the Act, a petitioner must establish both that he and the beneficiary once qualified as children of a common

Albert Nealey v. Transportacion Maritima Mexicana, S. A. And Maersk Lines

662 F.2d 1275 · Court of Appeals for the Ninth Circuit · Oct 21, 1980

Somewhat like the issue of immunity, Gomez v. … immunity.”

Harper v. Poway Unified School Dist.

Court of Appeals for the Ninth Circuit · Apr 19, 2006

The district court also granted the School’s motion to dismiss Harper’s damages claims against Poway Unified School District and the individual defendants on the ground of qualified immunity. … , as we need not “decide the [qualified immunity] issue in order to review the claims properly raised on interlocutory appeal . . . .”

United States v. Plunk

Court of Appeals for the Ninth Circuit · Dec 20, 2007

We also held that the government’s admissible evidence failed to establish probable cause for the forfeiture of the SuperCub. Id. at 463- 64. … Awarding consequential damages to Plunk would contra- vene the doctrine of sovereign immunity.