Case law

United States v. Kathy Hudson

609 F.2d 1326 · Court of Appeals for the Ninth Circuit · Dec 26, 1979

I While it has been held recently that investigators acting in a purely private capacity do not bind the federal government to their promises of immunity from prosecution, U. S. v. … As she points out, the proper test for sufficiency of the evidence is whether the jurors could rationally conclude from the evidence presented that guilt was established beyond a reasonable doubt. United States v.

Schwenk v. County of Alameda

364 F. App'x 336 · Court of Appeals for the Ninth Circuit · Feb 2, 2010

We affirm the dismissal as to Lacativo on the basis of qualified immunity. … Accordingly, the right was not yet clearly established, id. at 734, and Lacativo is entitled to qualified immunity. Pearson v. Callahan, 129 S.Ct. 808, 815 (2009).

Crane v. the Arizona Republic

972 F.2d 1511 · Court of Appeals for the Ninth Circuit · Aug 21, 1992

We also hold, however, that section 47(4) does not immunize The Arizona Republic from liability on the juxtaposing claim. II. … Actual Malice 83 The district court ruled, in the alternative, that Henderson, as a public official, failed to establish actual malice on the part of The Arizona Republic.

Jose Hernandez v. Merrick Garland

47 F.4th 908 · Court of Appeals for the Ninth Circuit · Jun 28, 2022

The BIA also found that a grant of TPS did not qualify as being “admitted in any status.” … See, e.g., Alanniz, 924 F.3d at 1066–67 (holding that an alien’s parole did not qualify as admission because acceptance into the FUP, which is a specialized form of parole, did not qualify). 2. Sanchez v.

McKay v. Rockwell International Corp.

704 F.2d 444 · Court of Appeals for the Ninth Circuit · Apr 20, 1983

Rather, this matter more clearly resembles the situation described in Agent Orange where the Military merely provides “performance specifications”. … Although the Stencel opinion expressed some concern for that issue, Justice Marshall’s dissent in that case clearly demonstrated its boundaries.

Paul Weldon v. John Conlee

684 F. App'x 612 · Court of Appeals for the Ninth Circuit · Mar 21, 2017

established right. … Button, 810 F.3d 609, 614 (9th Cir. 2015) (police officer entitled to qualified immunity unless the conduct at issue violated a clearly established constitutional right); see also Arpin v. Santa Clara Valley Transp.

Rickards v. Canine Eye Registration Foundation, Inc.

704 F.2d 1449 · Court of Appeals for the Ninth Circuit · May 3, 1983

The dismissal of all the antitrust claims was clearly warranted. 8 . B. The Directed Verdict. … Instead, the requirement merely insures that qualified individuals perform the eye examinations. The proffered evidence thus fails to establish intent to injure appellants’ business relations.

United States v. Montepeque-Peralta

116 F. App'x 853 · Court of Appeals for the Ninth Circuit · Nov 16, 2004

Here, the government has not met its burden of establishing that it had engaged in “meaningful trial preparation” when Montepeque gave notice of his intent to plead guilty. Kimple, 27 F.3d at 1414 n. 6. … The district court clearly erred when it denied the additional reduction for timely acceptance of responsibility.

Maria Corado Rodriguez, and Juan Carlos Corado Moreno v. Immigration & Naturalization Service

841 F.2d 865 · Court of Appeals for the Ninth Circuit · Mar 14, 1988

clearly establishes that the legal difference between ‘clear probability’ and “well-founded fear’ must be respected.” … In sum, petitioners clearly established a prima facie case regardless of the standard. C.

Sherrie Lynn Zukle v. The Regents of the University of California

166 F.3d 1041 · Court of Appeals for the Ninth Circuit · Feb 23, 1999

Clearly, Zukle could not meet the Medical School’s essential eligibility requirements without the additional accommodations she requested. … Thus, Zukle did not establish that she would have been able to meet the Medical School’s requirements with the requested accommodation.

Guam Society Of Obstetricians And Gynecologists v. Ada

962 F.2d 1366 · Court of Appeals for the Ninth Circuit · Jun 8, 1992

The sections of the Act that remain if Sections 4 and 5 are severed clearly are fully operative as a law. … Wade qualifies as a "fundamental" constitutional right applicable to an unincorporated territory by its own force. See, e.g., Examining Board v.

Engquist v. Oregon Department of Agriculture

478 F.3d 985 · Court of Appeals for the Ninth Circuit · Feb 8, 2007

Defendants also asserted that they were entitled to qualified immunity on the constitutional claims. The district court denied the motions. … Because we conclude that Engquist's class-of-one claim is invalid, we need not reach Defendants’ contention that they are entitled to qualified immunity under Saucier v.

United States v. Valentino Johnson

875 F.3d 1265 · Court of Appeals for the Ninth Circuit · Nov 27, 2017

of establishing Johnson’s base offense level. … JOHNSON robbery conviction under CPC § 211(a) does not qualify as a “crime of violence” within the meaning of U.S.S.G. §§ 2K2.1 and 4B1.2.

Miller v. Fairchild Industries, Inc.

797 F.2d 727 · Court of Appeals for the Ninth Circuit · Aug 12, 1986

The company asserts that Miller and Lewis were selected for layoff using established company guidelines 2 on the basis of which a determination was made that they were the least qualified remaining employees. … Stotts clearly does not control Miller’s and Lewis’s case.

United States v. Peter MacKby

261 F.3d 821 · Court of Appeals for the Ninth Circuit · Aug 16, 2001

), or by a qualified physical therapist in independent practice.” … These findings by the district court are not clearly erroneous. B.

Bassiri v. Xerox Corp.

463 F.3d 927 · Court of Appeals for the Ninth Circuit · Sep 12, 2006

Therefore, the LTD plan is clearly "established or maintained" by an employer for the purpose of providing disability benefits. … We will not upset that established definition unless compelled to do so.

Washington Utilities & Transportation Commission v. Federal Energy Regulatory Commission

26 F.3d 935 · Court of Appeals for the Ninth Circuit · Jun 7, 1994

The Northwest Power Act established a power exchange program between BPA and qualified investor owned utilities (“IOUs”) of the Pacific Northwest. … We have no authority, however, to rewrite the statutes establishing our jurisdiction.

Voting Integrity Project, Inc. Fred Decker Alberta Bryant Diana Evans Charles Sauvie v. Phil Keisling, Secretary of State Opinion of Oregon

259 F.3d 1169 · Court of Appeals for the Ninth Circuit · Jul 11, 2001

The congressional requirement of absentee vot *1176 ing is limited to “duly qualified residents of such State who may be absent from their election district or unit in such State on the day such election is held.” 64 By itself … The suit is pursuant to 42 U.S.C. § 1983 , which provides for suits in federal court for the deprivation of any rights, privileges, or immunities secured by the Constitution and laws of the United States. 3 .

Ramdas Lamb v. University of Hawaii Mie Watanabae Madaleine Goodman Susan Hippensteele Doe 1-25 Lawrence C. Foster Margaret Maaka

145 F.3d 1338 · Court of Appeals for the Ninth Circuit · May 28, 1998

Appellees, on the other hand, maintain that they were entitled to qualified immunity because the boundaries of First Amendment rights in the college classroom have not been clearly established. … Thus, investigating the complaint could not have violated Lamb's clearly established constitutional rights and the district court properly granted the University officials qualified immunity. 14 AFFIRMED. * This disposition

United States v. Michel-Garcia

201 F. App'x 476 · Court of Appeals for the Ninth Circuit · Sep 14, 2006

Michel-Garcia contends that the government produced insufficient evidence to demonstrate clearly and unequivocally that his prior conviction under California Health & Safety Code § 11352(a) qualified as a “drug trafficking … established that he was convicted of a “drug trafficking offense,” for the purposes of an enhancement under U.S.S.G. § 2L1.2(b)(1)(A).