Case law

Rehms v. Post Falls Police Department

Court of Appeals for the Ninth Circuit · Dec 23, 2024

P. 34(a)(2). 2 24-701 that they were entitled to qualified immunity. Rehms appeals. … Officers are entitled to qualified immunity under § 1983 unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was clearly established at the time.

William Ellis v. Salt River Project

Court of Appeals for the Ninth Circuit · Jan 31, 2022

The panel held that SRP was not entitled to state-action immunity because the State of Arizona had not articulated a policy to displace competition, but rather had clearly expressed a policy preference for competition in … Where, as here, the “allegedly anticompetitive conduct [is] undertaken by a substate governmental entity,” then immunity applies only if the challenged conduct is “undertaken pursuant to a ‘clearly articulated and affirmatively

United States v. Mendoza-Zaragoza

567 F.3d 431 · Court of Appeals for the Ninth Circuit · May 27, 2009

With the date of removal established by the plea, the district court reasoned, a qualifying felony conviction and its date could be supplied at sentencing to justify the sentence enhancement. … of any qualifying felony convictions to determine whether the sentence-enhancing sequence is satisfied.

Plumas County Board Of Supervisors v. Califano

594 F.2d 756 · Court of Appeals for the Ninth Circuit · Apr 3, 1979

The county contends that under federal law unborn children cannot qualify as dependent children, and that the state, receiving federal funding, cannot provide otherwise. … Bringing suit through its Board of Supervisors, it seeks injunctive and declaratory relief establishing that it is not legally obligated to make such payments.

E.R.K. Ex Rel. R.K. v. Hawaii Department of Education

728 F.3d 982 · Court of Appeals for the Ninth Circuit · Aug 28, 2013

The GED and CB programs clearly satisfy the first prong of the definition. … To establish a prima facie case of disability discrimination under the ADA, a plaintiff must prove that: (1) he is an individual with a disability; (2) he is otherwise qualified to participate in or

Peters v. Shamrock Foods Co.

262 F. App'x 30 · Court of Appeals for the Ninth Circuit · Dec 27, 2007

Green, 411 U.S. 792, 802 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973), Peters has established a prima facie case of discrimination. See Dominguez-Curry v. Nev. Transp. … Qualifications evidence standing alone may establish pretext where the plaintiffs qualifications are “clearly superi- or” to those of the selected job applicant. Road v. Fairbanks N. Star Borough Sch.

UMG Recordings, Inc. v. Shelter Capital Partners LLC

667 F.3d 1022 · Court of Appeals for the Ninth Circuit · Dec 20, 2011

[T]his language . . . clearly establishes that the . . . ADA . . . requires only but for causation.” (citations omitted)); Pacific Ins. Co. v. … We certainly agree that this would be improper — § 512(n) clearly states that “[w]hether a service provider qualifies for the limitation on liability in any one of those subsections . . . shall not affect a determination

Lawtis Rhoden v. Stephen Mayberg

473 F. App'x 737 · Court of Appeals for the Ninth Circuit · May 25, 2012

We review de novo a district court’s dismissal on qualified immunity grounds. Kwai Fun Wong v. United States, 373 F.3d 952, 966 n.18 (9th Cir. 2004). We affirm. … not clearly established.

Milton H. Olender v. United States

237 F.2d 859 · Court of Appeals for the Ninth Circuit · Nov 8, 1956

We affirm that the government must establish some deficiency for each of the years. Otherwise, there could be no violation. … The evidence clearly supports the jury’s finding of a tax deficiency in both 1945 and 1946. The Petition For Rehearing is denied.

Ashley Watts v. Christine Maroney

Court of Appeals for the Ninth Circuit · Oct 28, 2019

However, the illegality of the entry was clearly established by LaLonde, in which we denied qualified immunity to officers who—with probable cause to arrest—made an even more limited entry into a plaintiff’s home when … Qualified immunity was therefore properly denied. 3.

Union Gospel Mission of Yakima Washington v. Brown

Court of Appeals for the Ninth Circuit · Jan 6, 2026

Once an employment dispute involves “an employee [who] qualifies as a minister,” id. at 190, the First Amendment commands courts to abstain. … ” under the Establishment Clause.

United States v. Polar Star Alaska Housing Corp

668 F.3d 1119 · Court of Appeals for the Ninth Circuit · Feb 14, 2012

Findings of fact made in an award of reformation, an equitable remedy, will not be disturbed unless clearly errone- ous. Bentley Ranches, Inc. v. … Where a contract provides a practicable method for establishing the amount of rent in the event the parties cannot themselves  UNITED STATES v.

White v. Hager

Court of Appeals for the Ninth Circuit · Dec 8, 2025

Gittere, 150 F.4th 1205, 1209–10 (9th Cir. 2025) (dismissing an untimely appeal of a district court’s denial of summary judgment on qualified immunity grounds). … The denial of a motion to dismiss on qualified immunity grounds is an immediately appealable collateral order. Id. at 1208; see Mitchell v.

Nguyen v. Garcia

Court of Appeals for the Ninth Circuit · Feb 8, 2007

We conclude that the state court decision finding Wainwright inapplicable to a state court competency hearing is not “contrary to” clearly established federal law and therefore affirm the denial of appellant’s petition for … Only United States Supreme Court holdings, but not dicta, constitute “clearly established federal law” for purposes of the AEDPA deference standard. See Williams v.

Wilkins v. Herron

Court of Appeals for the Ninth Circuit · Dec 23, 2024

Wilkins’s remaining claims against the individual Administrators fail on qualified immunity grounds. … There also was no clearly established First Amendment right to refuse to wear a mask on compelled speech grounds. Under Rumsfeld v.

Mark W. Dobronski v. Federal Communications Commission, an Agency of the Executive Branch of the United States of America

17 F.3d 275 · Court of Appeals for the Ninth Circuit · Feb 17, 1994

Had the requested records contained protected information, the in camera examination would have established grounds for denial of the request. … Further, sick leave records are “closely related to a medical file,” thus qualifying as a “similar file” under Exemption 6.

United States v. Index Newspapers LLC

766 F.3d 1072 · Court of Appeals for the Ninth Circuit · Sep 5, 2014

Nevertheless, one very well established exception is grand jury proceedings. Press-Enterprise Co. v. … It is well established that unsealing this type of record can have broad implications.

United States v. Kleinman

859 F.3d 825 · Court of Appeals for the Ninth Circuit · Jun 16, 2017

He moved to dismiss the case, arguing that he had complete immunity from prosecution pursuant to California medical marijuana laws. The state did not file an objection. … The MMP provides immunity from prosecution for possession and distribution of marijuana to qualified patients and their primary caregivers “who associate within the State of California in order collectively or cooperatively

Aguilar-Turcios v. Holder

691 F.3d 1025 · Court of Appeals for the Ninth Circuit · Aug 15, 2012

We reject the dissent’s call to deviate from clearly established precedent and apply a less demanding modified categorical approach in immigration cases. Dissent at 1051-53. … Both qualify as “aggravated felonies” un *1040 der 8 U.S.C. § 1101 (a)(43)(I).

Chixapkaid D. Michael Pavel v. University of Oregon

Court of Appeals for the Ninth Circuit · May 29, 2019

The additional and nuanced due process rights which Pavel desires are not clearly established in the law. Consequently, the individual defendants merit qualified immunity. … As no clearly established law was violated here, qualified immunity applies. Pavel argues his due process rights were eroded by the application of Armstrong v. Meyers, 964 F.2d 948, 950 (9th Cir. 1992).