Case law

Antezana v. Richardson

125 F. App'x 108 · Court of Appeals for the Ninth Circuit · Jan 26, 2005

We review de novo the denial of summary judgment in a qualified immunity action. Elder v. Holloway, 510 U.S. 510, 516 , 114 S.Ct. 1019 , 127 L.Ed.2d 344 (1994). … Hayden, 387 U.S. 294, 298 , 87 S.Ct. 1642 , 18 L.Ed.2d 782 (1967) (establishing that officers may enter without a warrant if there are exigent circumstances). 2 Although the caller now states that he fabricated his complaint

Dustin Palmer v. Santa Maria Police Dept.

Court of Appeals for the Ninth Circuit · Jan 25, 2021

Officer Green appeals from the district court’s order denying his motion for summary judgment on the basis of qualified immunity. … was “clearly established” at the time of the alleged violation.

Kevin Rutledge v. Arizona Board of Regents, Arizona State University, Frank Kush, William Maskill, Fred L. Miller, Kevin Rutledge v. Arizona Board of Regents, Arizona State University, Frank Kush, William Maskill, Fred L. Miller, and Gary Horton

660 F.2d 1345 · Court of Appeals for the Ninth Circuit · Nov 12, 1981

ELEVENTH AMENDMENT IMMUNITY 17 The district court held that the appellant had established diversity jurisdiction in that at the time the action was commenced appellant was a citizen of Nevada while the appellees were citizens … Such liability, if established, would rest solely upon his position as an official of Arizona State University.

United States v. Thomas Lavell McClain

30 F.3d 1172 · Court of Appeals for the Ninth Circuit · Jul 26, 1994

The government bears the burden “to establish to the satisfaction of the district court that it was engaged in meaningful trial preparation when the defendant gave notice of intent to plead guilty.” United States v. … We conclude that the district court did not clearly err by denying the additional one-level adjustment. After ruling on McClain’s initial pretrial motions, the district court set a trial date of January 20, 1993.

Peter Odima v. Westin Tucson Hotel, a Delaware Corporation, AKA Westin Hotels

53 F.3d 1484 · Court of Appeals for the Ninth Circuit · Apr 28, 1995

Westin argues' that this inference is clearly erroneous. … second accounts receivable position is not clearly erroneous.

United States v. John Anton Richardson, Ralph S. Bowman, Frank Salaman, Robert William Bradford

588 F.2d 1235 · Court of Appeals for the Ninth Circuit · Jan 4, 1979

While the evidence clearly established that the Cyto Pharma group had entered into a conspiracy to smuggle and that appellants had received smuggled Laetrile and then distributed it among themselves and to others, appellants … It is enough to note that the connection between Bradford and Cyto Pharma was clearly established by the testimony of couriers and telephone records of Bradford.

John D. Forbes and Rosalind L. Forbes v. A. G. Maddox, Commissioner of Internal Revenue and Taxation, Government of Guam

339 F.2d 387 · Court of Appeals for the Ninth Circuit · Dec 17, 1964

So far as the language of section 1421i (h) is concerned, subsection (2) does not purport to limit the general jurisdictional grant of subsection (1) in any way, but rather is simply a waiver of the government of Guam’s immunity … Commissioner, 258 F.2d 182, 185, 186 (3d Cir. 1958)), and an enactment granting the District Court of Guam jurisdiction to review deficiencies asserted under that tax comes clearly within the category of “laws growing out

Dwight Stirling v. Larry Minasian

955 F.3d 795 · Court of Appeals for the Ninth Circuit · Apr 8, 2020

See 10 U.S.C. § 10102 (the Army reserve is “to provide trained units and qualified persons available for active duty in the armed forces, in time of war or national emergency”). 8 STIRLING V. … The issue was whether immunity under the Feres doctrine barred the suit of a Title 32 Alaska Air National Guard member against the Alaska National Guard, among other defendants. Id. at 802–03.

Suever v. Connell

439 F.3d 1142 · Court of Appeals for the Ninth Circuit · Mar 13, 2006

Taylor employed the sovereign immunity framework established in Malone v. … By contrast, other types of requested relief are clearly barred by the Eleventh Amendment, for example, where the relief is premised solely on the State’s compliance with state law. See Pennhurst State Sch. & Hosp. v.

Francisco Garcia v. David Long

808 F.3d 771 · Court of Appeals for the Ninth Circuit · Dec 21, 2015

LONG decision is both contrary to and an unreasonable application of clearly established Supreme Court law, and it is based on an unreasonable determination of the facts. … See, e.g., Anderson, 516 F.3d at 787 n.3 (“We rely on Miranda and Mosley, not Davis, as ‘clearly established’ law.”).

United States v. Gomez

115 F.4th 987 · Court of Appeals for the Ninth Circuit · Sep 4, 2024

The panel held that this court’s previous decisions holding that § 245(a)(1) constitutes a crime of violence are clearly irreconcilable with Borden, which established a bright line rule: if a statute criminalizes uses of … The government did not contest that Gomez qualified as a career offender but sought a three-level downward variance and urged a sentence of 188 months’ imprisonment.

Horton v. Mayle

Court of Appeals for the Ninth Circuit · May 9, 2005

[4] We cannot say that the California Supreme Court’s determination is contrary to clearly established federal law. … I agree, and would hold that the state court’s decision was not contrary to, or an unreasonable application of, clearly established United States Supreme Court law.

Alvin Johns v. City of Eugene

Court of Appeals for the Ninth Circuit · May 24, 2019

Accordingly, the district court found that the officers were not entitled to qualified immunity and denied the officers’ motion for summary judgment. … We disagree that the officers violated clearly established federal law when they arrested Johns.

Vesely v. United States

276 F. 693 · Court of Appeals for the Ninth Circuit · Dec 5, 1921

Complaint is made of that action by the plaintiff in error, to which it is enough to say lhat it appears that a duly qualified iury was readily secured and was accepted by both parties without objection. … This court, however, will follow the precedent established by the decision of Chancellor Walworth upon this subject, and will assume judicial knowledge concerning intoxicating liquors. *696 The rule laid down in New York

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.”

United States v. Benton D. Burt

802 F.2d 330 · Court of Appeals for the Ninth Circuit · Oct 10, 1986

After the hearing, the court refused to include the 1962 conviction for the purpose of qualifying the defendant as a special offender. … Congress clearly intended the DSO statutory provisions to exceed the protections afforded by the Constitution. See S.Rep.

Grady Carroll Ouzts v. Maryland National Insurance Company

470 F.2d 790 · Court of Appeals for the Ninth Circuit · Dec 6, 1972

However, it is clear that the reason underlying the district court’s ruling was that no federal cause of action was established. … The judgment is affirmed upon the ground that the plaintiff-appellant has not established a cause of action under federal law.

United States v. Judith Paixao

885 F.3d 1203 · Court of Appeals for the Ninth Circuit · Mar 22, 2018

FACTUAL AND PROCEDURAL HISTORY The following facts were established at trial. … But, the Court explained, not all federal funds qualify as “benefits.” Id. at 671.

United States v. El Dorado County

704 F.3d 1261 · Court of Appeals for the Ninth Circuit · Jan 11, 2013

The question is whether that difference establishes a proper distinction. We conclude that it does not. … We have therefore already clearly recognized that orders modifying consent decrees should be reviewed under Carson. See also Heartwood, Inc. v. U.S.

Grady Arnold v. D.L. Runnels

421 F.3d 859 · Court of Appeals for the Ninth Circuit · Aug 24, 2005

Because the state courts unreasonably applied Fifth Amendment law clearly established by the Supreme Court, and the error was not harmless, we reverse the decision of the district court. … established.' " Duhaime v.