Case law

Lam v. University of Hawai'i

40 F.3d 1551 · Court of Appeals for the Ninth Circuit · Dec 14, 1994

of three candidates as qualified, and then an "also ran" group. … On the other hand, evidence of discriminatory treatment of, for example, a black male clearly is relevant to the discrimination claim of a black woman. See, e.g., EEOC v.

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.

United States v. Sullivan

131 F.4th 776 · Court of Appeals for the Ninth Circuit · Mar 13, 2025

The panel explained that Supreme Court cases cited by Sullivan are not clearly irreconcilable with Bhagat. … To establish misprision, the government is obliged to show that the principal committed and completed the felony alleged.

United States v. Gibran Figueroa-Beltran

892 F.3d 997 · Court of Appeals for the Ninth Circuit · Jun 6, 2018

qualifies as a predicate drug trafficking offense.” … The government relies on this language to assert that the Muller decision establishes the divisibility of § 453.337.

Carbonell v. I.N.S.

429 F.3d 894 · Court of Appeals for the Ninth Circuit · Nov 18, 2005

A district court abuses its discretion if its ruling on a fee motion is based on an inaccurate view of the law or a clearly erroneous finding of fact. Barrios v. Cal. … Its authority to do so clearly establishes a `judicially sanctioned change in the legal relationship of the parties,' as required by Buckhannon , because the plaintiff thereafter may return to court to have the settlement

United States v. Wayne Harrison

213 F.3d 1206 · Court of Appeals for the Ninth Circuit · Jun 29, 2000

We conclude that the district court did not clearly err in finding that Traun represented Harrison on an ongoing basis when the indictment issued. B. … He may have believed that he was still immunized by the terms of his grand jury use immunity deal with the government in December 1996. 4 .

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.

Matthew Biscotti v. Yuba City

636 F. App'x 419 · Court of Appeals for the Ninth Circuit · Jan 27, 2016

Under the former, the officers are protected by qualified immunity because no clearly established law at the time of their actions put them on notice that their pre- shooting conduct was in violation of due process. … Ct. 305, 308, 312 (2015) (per curiam) (officer not entitled to qualified immunity because “existing precedent” did not place the “constitutional question beyond debate”) (quoting Ashcroft v. al- Kidd, 563 U.S. 731, 741

J. Burk VOIGT, Plaintiff-Appellant, v. Richard D. SAVELL; Ronald J. Woods; Karrold Jackson; State of Alaska, Defendants-Appellees

70 F.3d 1552 · Court of Appeals for the Ninth Circuit · Nov 22, 1995

Throughout the proceedings before the district court, Voigt maintained that the defendants failed to comply with the state’s clearly established substantive and procedural requirements. … Voigt argues that he did not abandon his contention that the defendants failed to follow the procedural requirements clearly established by state law, such as the constructive and progressive discipline procedures required

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.

Hillin L. Arnold v. Rogers C. B. Morton, the Secretary of Interior of the United States

529 F.2d 1101 · Court of Appeals for the Ninth Circuit · Jan 23, 1976

In establishing the former, President Taft withdrew “all lands included in [areas are described] . . . subject to valid existing rights.” 6 (emphasis supplied.) … Elk Hills, California (Reserve No. 1) and Bue-na Vista Hills, California (Reserve No. 2) were established by President Taft on September 2, 1912 and December 13, 1912, respectively.

Alejandro Velazquez v. City of Long Beach

793 F.3d 1010 · Court of Appeals for the Ninth Circuit · Jul 15, 2015

A district 9 The issue of qualified immunity did not factor into the district court’s decision, and the Officers do not contend on appeal that they are entitled to qualified immunity as to any of Velazquez’s claims. … (iii) Additionally, “Ninth Circuit law . . . clearly establishes the right verbally to challenge the police,” and “verbal protests [cannot] support an arrest under § 148.” Mackinney v.

Greater Los Angeles Council on Deafness, Inc. v. Malcolm Baldrige, Secretary of the Department of Commerce

827 F.2d 1353 · Court of Appeals for the Ninth Circuit · Sep 15, 1987

GLAD clearly meets these criteria. … Davis did not clearly define where discrimination ends and affirmative action begins. Id. at 412 , 99 S.Ct. at 2370 . In Alexander v.

Trident Center v. Connecticut General Life Insurance Company

847 F.2d 564 · Court of Appeals for the Ninth Circuit · Jul 5, 1988

likely injury to Connecticut General resulting from most types of default: ”[I]f, for example, Trident were to default on the payment of a single installment, a fee of 10% of the outstanding balance of the loan would not qualify … This is not to say, of course, that all lawsuits seeking to challenge the interpretation of facially unambiguous contracts are necessarily immune from imposition of sanctions.

United States v. $191,910.00 in U.S. Currency, Bruce R. Morgan, Claimant-Appellee

16 F.3d 1051 · Court of Appeals for the Ninth Circuit · Feb 18, 1994

Because there was no corroborating evidence in this case which clearly indicated that the money was drug-related, we conclude that the $20,-000.00 Morgan admitted to carrying could not establish probable cause or even amount … The court clearly did not mean "preliminary showing” in the sense of a watered-down showing that probable cause might exist.

William J. Brucker v. United States

338 F.2d 427 · Court of Appeals for the Ninth Circuit · Jan 19, 1965

The Air Force directive under which the Club was organized provided that “appropriate operational and administrative procedures” should be “established and followed to insure maximum safety in flight.” Air Force Reg. … Graves was not negligent is not clearly erroneous. Although not a qualified flight instructor, Lt. Hammack was a licensed pilot, fully competent to fly the plane with Sgt. Brucker as a passenger.

United States v. Maurice W. Rosenberg, M.D.

515 F.2d 190 · Court of Appeals for the Ninth Circuit · Mar 31, 1975

The government established that the following was the mode of operation at Dr. Rosenberg’s office: An agent would make an appointment. … Rosenberg argues /that the federal drug control statute violates due process because it establishes a *199 presumption of guilt.

Bader v. Northern Line Layers, Inc.

503 F.3d 813 · Court of Appeals for the Ninth Circuit · Sep 10, 2007

Geographic Definitions of a “Single Site” Subsections (1)-(5) clearly do not assist Plaintiffs’ claim. … The remote construction locations clearly do not qualify as a single site of employment under § 639.3(i)(l)-(5).

Cora Galenti Smith v. United States

321 F.2d 427 · Court of Appeals for the Ninth Circuit · Aug 21, 1963

Appellant relies on the statement in Elkins, 364 U.S. at page 223 , 80 S.Ct. at page 1447 , that “evidence obtained by state officers during a search which, if conducted by federal officers, would have violated the defendant’s immunity … Finally, appellant contends that the deputy clerk of court, who, throughout the trial, administered the oath to witnesses, was not qualified to administer oaths since she was but nineteen years of age.

Coeur D'Alene Tribe of Idaho, Nez Perce Tribe Shoshone-Bannock Tribes v. Duwayne D. Hammond, Jr. Coleen Grant Larry Watson Severina Sam Haws, in Their Official Capacity as Commissioners of the Idaho State Tax Commission, Coeur D'Alene Tribe of Idaho Nez Perce Tribe, and Shoshone-Bannock Tribes v. Duwayne D. Hammond, Jr. Coleen Grant Larry Watson Severina Sam Haws, in Their Official Capacity as Commissioners of the Idaho State Tax Commission, Coeur D'Alene Tribe of Idaho, and Shoshone-Bannock Tribes Nez Perce Tribe v. Duwayne D. Hammond, Jr. Coleen Grant Larry Watson Severina Sam Haws, in Their Official Capacity as Commissioners of the Idaho State Tax Commission

384 F.3d 674 · Court of Appeals for the Ninth Circuit · Aug 19, 2004

When taxable motor fuels products are sold, at least one (1) of the following must be used to establish that the Idaho state fuel tax has been charged: i. The amount of Idaho state fuels tax; ii. … The words of the Act clearly do resolve it, in favor of the states. 68 A little reflection on why Indian reservations are called "reservations" would help to avoid confusion.