Case law

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.

Stock West, Inc. v. Confederated Tribes of the Colville Reservation

873 F.2d 1221 · Court of Appeals for the Ninth Circuit · Apr 20, 1989

The court went on to point out that in matters concerning reservation affairs, “tribal courts are best qualified to interpret and apply tribal law.” Id. at 16 , 107 S.Ct. at 977 . … [t]he diversity statute ... makes no reference to Indians and nothing in the legislative history suggests any intent to render inoperative the established federal policy promoting tribal self-government.

National Union Fire Insurance v. Aerohawk Aviation, Inc.

258 F. App'x 75 · Court of Appeals for the Ninth Circuit · Nov 8, 2007

NSI’s company plane was a Cessna 414, and Adams, its usual pilot, was qualified to fly the aircraft. … NSI cannot establish that Adams’ conduct was clearly outside the scope of his employment in this case.

United States v. Kenneth Barker

930 F.2d 1408 · Court of Appeals for the Ninth Circuit · Apr 17, 1991

NLRB, 461 U.S. 731, 743 , 103 S.Ct. 2161, 2170 , 76 L.Ed.2d 277 (1983) (baseless litigation is not immunized by the First Amendment right to petition). … The two positions are quite distinct, and the trial judge clearly, stated that he could not say that the verdict was against the weight of evidence, or that the jury had been wrong. .

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

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.

Robert J. Wright v. Frank Gregg

685 F.2d 340 · Court of Appeals for the Ninth Circuit · Aug 26, 1982

On the one hand, defendant argues Wright is actually suing the United States and thus must overcome sovereign immunity by alleging jurisdiction under a federal statute that specifically waives such immunity. … Here the magistrate's findings and recommendations clearly stated why jurisdiction was lacking: 12 ... However, jurisdiction based upon 28 U.S.C. § 2409 (a) is appropriate only where the United States is a defendant.

United States v. Ramiro Ramos-Medina

682 F.3d 852 · Court of Appeals for the Ninth Circuit · Jun 21, 2012

RAMOS-MEDINA 7311 only an en banc panel of our court may overrule or revise the binding precedent established by a published opinion. As we observed in Miller v. … Moreover, the district court’s ultimate decision that Peti- tioner had not adequately accepted responsibility was not clearly erroneous.

Spears v. Stewart

283 F.3d 992 · Court of Appeals for the Ninth Circuit · Mar 20, 2002

directly to whether the constitutional right was clearly established. … The supreme court shall establish and maintain a list of qualified candidates.

Chris Willis v. City of Fresno

520 F. App'x 590 · Court of Appeals for the Ninth Circuit · May 30, 2013

We instead focus on the admissibility of its contents.”). 3 The officers’ brief attempt at a qualified-immunity defense falls short. … That is not an argument based on the “clearly established” prong of the qualified immunity doctrine; it is an argument on the merits of the claim—and it fails. 3 volley of gunfire

Carlos Rendon v. Eric Holder, Jr.

764 F.3d 1077 · Court of Appeals for the Ninth Circuit · Aug 22, 2014

Thus, if the petitioner establishes that the statute under which he was convicted is indivisible and punishes a broader range of conduct than the federal, generic crime, it is never possible for that conviction to qualify … This distinction explains why the modified categorical approach is appropriate only for divisible statutes — because 9 It bears noting that this conclusion from Ngaeth is clearly correct. See People v.

Elias Castillo Godoy v. George K. Rosenberg, District Director, Immigration and Naturalization Service

415 F.2d 1266 · Court of Appeals for the Ninth Circuit · Aug 29, 1969

Clearly petitioner is deportable unless the provisions of Section 241(f) of the Act afford him relief. … “The legislative history of the Immigration and Nationality Act clearly indicates that the Congress intended to provide for a liberal treatment of children and was concerned with the problem of keeping families of United

William Richards v. County of San Bernardino

39 F.4th 562 · Court of Appeals for the Ninth Circuit · Jun 24, 2022

“[T]here is a clearly established constitutional due process right not to be subjected to criminal charges on the basis of false evidence that was deliberately fabricated by the government.” Devereaux v. … “This is true whether the officers are exonerated on the basis of qualified immunity, because they were merely negligent, or for other failure of proof.” Fairley, 281 F.3d at 917 n.4.

Andres Dominguez v. City of Scottsdale

Court of Appeals for the Ninth Circuit · May 8, 2023

Dominguez’s constitutional right against this use of force was also clearly established. … We thus affirm the district court’s denial of summary judgment on the Officers’ qualified immunity defense. 2.

Marceau v. Blackfeet Housing

Court of Appeals for the Ninth Circuit · Mar 19, 2008

In our earlier opinion, we held that the Black- feet Tribe waived tribal immunity through the enabling ordi- nance that established the Housing Authority.3 Marceau, 455 F.3d at 978 83. … The Blackfeet Tribal Court of Appeals held that the original Housing Authority enabling ordinance “is an indisputable qualified waiver of immunity by the Blackfeet Tribe and housing authority for a breach of contract action

Dominguez v. Schwarzenegger

596 F.3d 1087 · Court of Appeals for the Ninth Circuit · Mar 3, 2010

Fifty-six of the State’s fifty-eight counties have established a NPC or PA. … Accordingly, we hold that the district court did not abuse its discretion in concluding that Plaintiffs established irreparable harm absent injunctive relief, as its finding regarding provider harm was not clearly erroneous

Peter Goolsby v. Darren Raney

483 F. App'x 326 · Court of Appeals for the Ninth Circuit · May 21, 2012

Grant of Qualified Immunity on Federal Claims The district court properly granted qualified immunity to Livingston Police Department officials Darren Raney (“Raney”), Glenn Farrell (“Farrell”), and Joseph Harris … (“Harris”) because Goolsby has not shown that any conduct attributable to them “violate[d] clearly established statutory or constitutional rights.”

Aloha Airlines, Inc. v. Hawaiian Airlines, Inc.

489 F.2d 203 · Court of Appeals for the Ninth Circuit · Jan 29, 1974

There is nothing in the Hughes opinion that modifies the established rule enunciated in the Hughes case when decided in the Court of Appeals that: “The proposition has so often been stated that it has become hornbook law … Such conduct was immunized from “antitrust” action by section 414, supra, 49 U.S.C.A. § 1384 .

Yang Ming Marine Transport Corp. v. Okamoto Freighters Ltd.

259 F.3d 1086 · Court of Appeals for the Ninth Circuit · Aug 7, 2001

The amount of compensation owed to Yang Ming by Laufer during this time is established by Yang Ming’s tariff. … The Pomerene Act provides carriers with immunity against claims for misdescribed cargo when the carrier qualifies the description of the cargo in the bill of lading with the phrase “said to contain” or similar language.

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).