Case law
Opinions from 1658 to today.
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1.54s
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 timesPublishedUnited 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 timesPublished941 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 timesPublishedChilds 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 timesPublishedUnited 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 timesPublishedUnited 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 timesPublishedCarlos 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 timesPublishedSalvador Shannon v. Timothy Jones
Court of Appeals for the Ninth Circuit · Jul 10, 2020
immunity.” … established” law.
Cited 0 timesUnpublishedAbraham 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 timesPublished926 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 timesPublished598 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 timesPublished673 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 timesPublished710 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 timesPublishedHooks 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 timesPublishedJohn 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 timesUnpublished115 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 timesPublishedBlack 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 timesPublishedAlthea 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 timesPublished751 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 timesPublishedYron 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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