Case law

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  • United States v. The State of Washington and Wenairco, Inc., a Corporation, the State of Washington v. United States

    351 F.2d 913 · Court of Appeals for the Ninth Circuit · Oct 19, 1965

    for negligent design and placement, the statutory immunity is not so far-reaching as to afford protection against governmental liability for operational mismanagement. … It is well established that there may repose a legal duty to communicate or to attempt to communicate adequate warning of existing, foreseeable hazard. Indian Towing Co. v.

    Cited 36 timesPublished
  • United States v. Gregory Anthony Rendon-Duarte

    482 F.3d 1080 · Court of Appeals for the Ninth Circuit · Mar 21, 2007

    There, the court stated: [T]he caselaw in this and other circuits establishes clearly the logical connection between a convicted felon’s knowing possession of a firearm at one time and his knowledge that a firearm is present … Because a conviction under the Alaska statute qualifies clearly as a crime of violence under section 4B1.2(a)(2), the district court’s error did not substantially affect Rendon-Duarte’s rights. AFFIRMED. 1 .

    Cited 0 timesPublished
  • Jorge Rojas v. Faa

    941 F.3d 392 · Court of Appeals for the Ninth Circuit · Oct 22, 2019

    If the agency establishes a nontrivial privacy interest, the burden shifts to the requester to establish that the public interest in the information outweighs the privacy interest. See Cameranesi v. U.S. … Here, because the FAA has established a nontrivial privacy interest in its employees’ email addresses, the burden shifts to Rojas to establish that the public interest in the information outweighs the privacy interest.

    Cited 17 timesPublished
  • Childs v. San Diego Family Housing, LLC

    Court of Appeals for the Ninth Circuit · Aug 28, 2025

    federal enclave, (2) 28 U.S.C. § 1442 (federal officer removal statute) because SDFH and Lincoln operated under the Navy’s oversight and control in dealing with the Childs’ complaints, and (3) 28 U.S.C. § 1442 because SDFH qualifies … Under the fourth factor, whether any person other than the government has a proprietary interest in the alleged agency, the answer is clearly yes.

    Cited 0 timesPublished
  • United States v. Ramon Romero-Martinez

    443 F.3d 1185 · Court of Appeals for the Ninth Circuit · Apr 25, 2006

    The district court’s instruction that “ ‘[o]bliterated’ means to have removed completely or erased” easily falls within the definition established by Carter. … The removal of the serial numbers on the slide and barrel clearly made the weapon more difficult to trace. Under Carter, this is sufficient to qualify for the enhancement.

    Cited 6 timesPublished
  • United States v. Germaine Haili, United States of America v. Earl K. H. Kim

    443 F.2d 1295 · Court of Appeals for the Ninth Circuit · May 20, 1971

    The comment, however, was made not about Haili but about one of his co-conspirators who testified under immunity. … Giving of the instruction in this case was clearly harmless beyond a reasonable doubt. Chapman v. California, supra. g.

    Cited 45 timesPublished
  • Carlos Mendoza v. Tom L. Carey, Warden

    449 F.3d 1065 · Court of Appeals for the Ninth Circuit · Jun 7, 2006

    established by the Supreme Court. … Accordingly Kane’s holding that the Supreme Court has not clearly established a Sixth Amendment right to law library access has no bearing on the inquiry before us.

    Cited 169 timesPublished
  • Salvador Shannon v. Timothy Jones

    Court of Appeals for the Ninth Circuit · Jul 10, 2020

    immunity.” … established” law.

    Cited 0 timesUnpublished
  • Abraham Saldivar v. Jefferson Sessions

    877 F.3d 812 · Court of Appeals for the Ninth Circuit · Nov 7, 2017

    As the Fifth Circuit has rightly observed, “this structure very clearly indicates that Congress intended to establish two distinct duration requirements—one that demands a period following admission in any status and one … established by the record.

    Cited 12 timesPublished
  • Ryan Karnoski v. Donald Trump

    926 F.3d 1180 · Court of Appeals for the Ninth Circuit · Jun 14, 2019

    Cir. 1974) (noting that “no immunity established under any case known to this Court bars every suit against the President for injunctive, declaratory or mandamus relief”). KARNOSKI V. … For service members who do not qualify under the reliance exception, transition-related medical care is also prohibited.

    Cited 120 timesPublished
  • Newdow v. Lefevre

    598 F.3d 638 · Court of Appeals for the Ninth Circuit · Mar 11, 2010

    Newdow asserts the reasoning and theory of Aronow is “clearly irreconcilable” with intervening Supreme Court precedent. … That the Supreme Court has developed new Establishment Clause tests does not render Aronow “clearly irreconcilable” with Supreme Court precedent.

    Cited 53 timesPublished
  • Phillips v. Ornoski

    673 F.3d 1168 · Court of Appeals for the Ninth Circuit · Mar 16, 2012

    Colman’s Immunity Agreement The principal undisclosed benefit that Colman received for her testimony flowed from an immunity agreement struck between Minier and her trial lawyer, Cassandra Dunn, on Colman’s behalf. … That such an offer was extended was indisputably evidence “favorable to the accused ... because it is impeaching,” and was clearly subject to the duty of disclosure established in Brady.

    Cited 34 timesPublished
  • Wallace M. Telford v. Clackamas County Housing Authority, Ralph Groener, Robert Schumacher, Jono D. Hildner

    710 F.2d 567 · Court of Appeals for the Ninth Circuit · Jul 14, 1983

    He was highly qualified and operated one of the two housing authorities in the nation that required no operating subsidy from HUD (Pretrial Order, Stipulated Facts). … II Standard of Review Summary judgment is appropriate only when no genuine issue of material fact exists and the moving party is clearly entitled to prevail as a matter of law.

    Cited 6 timesPublished
  • Hooks v. Lockheed Martin Skunk Works

    14 F. App'x 769 · Court of Appeals for the Ninth Circuit · Jun 20, 2001

    Racial discrimination Hooks must first establish a prima facie case of racial discrimination by showing that: (1) he belongs to a protected group, (2) he applied and was qualified for a job which was open for applications … Hooks has not demonstrated that he was clearly more qualified for the position. C.

    Cited 1 timesPublished
  • John Hunt v. City of Boulder City

    Court of Appeals for the Ninth Circuit · Apr 1, 2020

    Under the doctrine of qualified immunity, a government official is immune “from liability for civil damages insofar as [his] conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Thus, Glenn is thus entitled to qualified immunity on this claim. AFFIRMED. 5

    Cited 0 timesUnpublished
  • Jerry Frye v. Ron Broomfield

    115 F.4th 1155 · Court of Appeals for the Ninth Circuit · Sep 10, 2024

    Clearly established federal law Under § 2254(d)(1), “clearly established Federal law” refers to United States Supreme Court holdings, not dicta, at the time of the relevant state court decision. Carey v. … Only United States Supreme Court holdings can clearly establish federal law, but we may “look to circuit precedent to ascertain whether [we have] already held that the particular point in issue is clearly established by Supreme

    Cited 8 timesPublished
  • Black Faculty Association Of Mesa College v. San Diego Community College District

    664 F.2d 1153 · Court of Appeals for the Ninth Circuit · Dec 28, 1981

    Because no injury to BFA is established in the record, we conclude that BFA failed to establish standing to sue in its own right. 15 2. … Because the trial judge's findings are contrary to the facts produced at trial, his findings are clearly erroneous 2 We note, however, that the plaintiff in Tagupa filed an application, albeit incomplete, for the desired

    Cited 2 timesPublished
  • Althea G. Williams v. United States

    248 F.2d 492 · Court of Appeals for the Ninth Circuit · Sep 26, 1957

    The Basic Facts From the record certain .facts appear to be clearly established. … In summary, appellant’s own arguments outlined, above, together with facts firmly established by the record, serve to clearly establish to our entire satisfaction the following highly material facts.

    Cited 12 timesPublished
  • Jeffrey A. Sisson v. J. Lynn Helms, Administrator Federal Aviation Administration and Robert Faith, Alaska Regional Administration

    751 F.2d 991 · Court of Appeals for the Ninth Circuit · Mar 1, 1985

    That he is qualified for the position in spite of his handicap under all but the physical criteria being challenged as discriminatory. Southeastern Community College v. … In deciding whether the district court’s findings are supported by the evidence, however, we must apply the clearly erroneous rule. Thorne v.

    Criticized in part by Johnston v. Horne, 875 F.2d 1415 (1989)Cited 21 timesPublished
  • Yron Joseph Swan v. George Smith, Warden, California State Prison, Corcoran Miley Barton

    129 F.3d 127 · Court of Appeals for the Ninth Circuit · Nov 6, 1997

    Thus, "[t]he only appealable issue is a purely legal one: whether the facts alleged ... support a claim of violation of clearly established law." … Id. at 1221 (internal quotations omitted) 4 In denying defendants' motion for summary judgment on qualified immunity grounds, the district court applied the Religious Freedom and Restoration Act.

    Cited 1 timesUnpublished

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