Case law

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.

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.

James Ross v. John Myrick

Court of Appeals for the Ninth Circuit · Aug 21, 2020

Officials acting under the color of state law are entitled to qualified immunity unless the plaintiff has shown (1) a constitutional violation and (2) that the right was clearly established at the time of the alleged misconduct … Thus, the district court properly granted the defendants qualified immunity on this claim because the right was not clearly established. See Pearson, 555 U.S. at 232. 2.

Angelo Dahlia v. Omar Rodriguez

735 F.3d 1060 · Court of Appeals for the Ninth Circuit · Aug 21, 2013

Police Chief Stehr moved for summary judgment on several grounds, including qualified immunity. … The original three judge panel in this case reversed the denial of qualified immunity for Stehr in an unpublished memorandum disposition. Dahlia v.

United States v. Barry Bonds

730 F.3d 890 · Court of Appeals for the Ninth Circuit · Sep 13, 2013

On December 4, 2003, Bonds testified before the grand jury under a grant of immunity pursuant to 18 U.S.C. § 6002. … The government also explained the scope of the immunity grant under which Bonds would testify.

United States v. Gabriel Vavages

151 F.3d 1185 · Court of Appeals for the Ninth Circuit · Aug 3, 1998

The general standard for a valid assertion of the Fifth Amendment privilege is well established. … Montoya, 945 F.2d 1068, 1078 (9th Cir.1991) (“[I]f it can be shown that there has been misconduct by the prosecutor, in intentionally causing a witness to invoke his Fifth Amendment privilege, ... due process requires immunity

King County v. John Rasmussen

299 F.3d 1077 · Court of Appeals for the Ninth Circuit · Aug 9, 2002

However, the parties must "clearly indicate" an intent to make a conveyance conditional. King County v. Hanson Inv. … However, neither the granting nor the habendum clauses contains language clearly limiting the use of the land to a specific purpose.

Marcus Garvey Square, Inc., Petitioner-Cross v. Winston Burnett Construction Co. Of California, Inc., Respondent-Cross Complainant-Appellant v. Home Savings and Loan Association, a California Corporation, Defendant-Cross Complainant-Appellee. Winston A. Burnett Construction Company of California, Inc., Cross- Complainant-Appellant v. Home Savings and Loan Inc., Federal Housing Administration, Patricia Roberts Harris, Secretary of Housing and Urban Development, Does One Through Ten, Inclusive, Cross-Defendants-Appellees

595 F.2d 1126 · Court of Appeals for the Ninth Circuit · Apr 18, 1979

Clearly these statutes were not intended to protect a general contractor like Burnett from any identifiable harm. … There clearly was a time when these proceeds were within the reach of the federal defendants.

Carolyn Roberts, Individually v. United States

498 F.2d 520 · Court of Appeals for the Ninth Circuit · Jun 20, 1974

It is axiomatic that Congressional waiver of sovereign immunity is a prerequisite to any suit brought against the United States under admiralty law or otherwise. … However, this is clearly not the case. The DOHSA merely creates a cause of action for wrongful maritime death where none previously existed; the act does not contain any provision waiving sovereign immunity.

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.

Mia Fontana v. D.E. Haskin

262 F.3d 871 · Court of Appeals for the Ninth Circuit · Aug 22, 2001

It was an "arbitrary exercise of the powers of government, unrestrained by the established principles of private right and distributive justice.” Id. at 845 (quoting Hurtado v. … Although Haskin asserted qualified immunity and the issue was briefed to the district court, neither of the parties briefed it to us. In light of the district court's ruling, it had no need to rule on the issue.

Glenn Rosado v. County of San Diego

Court of Appeals for the Ninth Circuit · Jun 9, 2020

: (1) the officers’ conduct violated a constitutional right, and (2) the right was clearly established at the time of the alleged misconduct. … AFFIRMED 2 Because we conclude that the deputies did not violate Rosado’s constitutional rights, we need not address the clearly established prong of the qualified immunity test.

Barbara v. Hudson v. James Craven Yvette Jackson Patricia Serrano Katrina Golder David Duback

403 F.3d 691 · Court of Appeals for the Ninth Circuit · Apr 6, 2005

Doyle, 429 U.S. 274, 287 , 97 S.Ct. 568 , 50 L.Ed.2d 471 (1977), the district court found that Hudson’s contract with the College would have been discontinued anyway, and that the administrators enjoyed qualified immunity … Rather, Hudson and her students sought to participate together (association) in a single event that was clearly political in nature (speech).

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).

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.

Selso Orona v. United States

826 F.3d 1196 · Court of Appeals for the Ninth Circuit · Jun 22, 2016

Orona contends that, in light of Johnson, he no longer has three qualifying prior convictions under the ACCA. … We do not think such a regime can be squared with Congress’ clearly stated intent to impose a uniform 1- year limitations period with respect to all § 2255 motions.

United States v. Jose Carlos Chavez-Vernaza, AKA Jose Chavez, AKA "Pepe"

844 F.2d 1368 · Court of Appeals for the Ninth Circuit · May 5, 1988

The government’s case consisted of the testimony of twenty-one former associates of Chavez, nineteen of whom had been given immunity, and eleven other non-immunized witnesses, including court personnel, law enforcement officers … Young, 470 U.S. at 12-13 , 105 S.Ct. at 1045 ; Gwaltney, 790 F.2d at 1385 . *1378 The prosecutor’s comment upon the defendant’s handshake in the present case clearly was in response to the conduct of the defendant and his

Sharon L.R. MAXWELL, Plaintiff-Appellee, v. CITY OF TUCSON, Defendant-Appellant

803 F.2d 444 · Court of Appeals for the Ninth Circuit · Oct 23, 1986

The district court did not clearly err in finding that the City failed to make such a showing. 7 Having decided that the City failed to establish a merit system defense, it is necessary to address the City’s argument that … Other circuits have held that a proper job reclassification within the framework of a position and pay classification system qualifies under the factor other than sex defense.