Case law

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.

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 .

Kyle Zoellner v. City of Arcata

Court of Appeals for the Ninth Circuit · Jun 25, 2024

Zoeller’s deliberate indifference to serious medical needs claim fails because Defendants have qualified immunity. … ‘concentrate on the objective aspects of the [pre- Gordon] constitutional standard’ to evaluate whether the law was clearly established.”

The Estate of Paul Browning v. Las Vegas Metropolitan Police Department

Court of Appeals for the Ninth Circuit · Jul 8, 2026

As to the second prong of the qualified-immunity inquiry, the officers do not dispute that the relevant Brady principles were clearly established at the time. See Carrillo, 798 F.3d at 1219. … Nevertheless, the officers are entitled to qualified immunity because the law at the time did not clearly establish that the identification procedure was unconstitutional.

Legal Services of Northern California, Inc. v. Arnett

114 F.3d 135 · Court of Appeals for the Ninth Circuit · May 28, 1997

Section 1983 provides a cause of action against a State actor for the “deprivation of any rights, privileges or immunities secured by the Constitution and laws of the United States.” 42 U.S.C. § 1983 . … Courts have indeed found service providers to be among the intended beneficiaries of statutes which establish reimbursement rates. Id. at 510, 110.

Usman Shehu Sule v. Jerry Wait Teresa Harper Mary Sullivan Christopher Cruz

110 F.3d 70 · Court of Appeals for the Ninth Circuit · Mar 26, 1997

immunity unless (1) the law governing the official's conduct was clearly established, and (2) a reasonable official could not have believed that the conduct was lawful. … Even if the defendants made the statements that Sule alleges, they did not violate his clearly established constitutional rights. Defendants are entitled to qualified immunity. D.

Dennis v. O'Day v. McDonnell Douglas Helicopter Company, a Foreign Corporation, (Two Cases)

79 F.3d 756 · Court of Appeals for the Ninth Circuit · Mar 26, 1996

These documents O’Day found in a file that was clearly not meant for general inspection. … But just as an employee’s wrongdoing does not immunize his employer from liability for its discrimination, an employer's discrimination does not immunize its employees from the consequences of their wrongdoing.

Jillian McAdory v. Dnf Associates, LLC

952 F.3d 1089 · Court of Appeals for the Ninth Circuit · Mar 9, 2020

DNF ASSOCIATES 13 consumers, which it clearly does, but which actors are subject to the statute’s restrictions. … Clearly, for a profit motivated business, DNF does not qualify as a “debt collector” under the “principal purpose” prong of Sec. 1692a(6). III. A.

United States v. California State Board of Equalization

650 F.2d 1127 · Court of Appeals for the Ninth Circuit · Jul 13, 1981

It places the legal incidence of the tax on the United States and, therefore, violates the United States’ constitutional immunity from state taxation. … The record does not show that the district court abused its discretion in awarding pre-judgment interest from the date of entry of judgment, the district court was clearly correct. See 28 U.S.C. § 1961 (1976).

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.

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).

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.

Kimball-Griffith, L.P v. Brenda Burman

Court of Appeals for the Ninth Circuit · May 10, 2023

The QTA waives federal sovereign immunity with respect to claims challenging federal title to land. 28 U.S.C. § 2409a(a). … The Court explained that it “will treat a procedural requirement as jurisdictional only if Congress clearly states that it is.” Id. at 876 (cleaned up).

San Lazaro Ass'n v. Connell

278 F.3d 932 · Court of Appeals for the Ninth Circuit · Jan 24, 2002

Single state agency requirement Among the requirements that the Medicaid Act established for state programs, 42 U.S.C. § 1396a(a)(5) mandates that a participating State “provide for the establishment or designation of a single … In order for an agency to qualify as the Medicaid agency— (1) The agency must not delegate, to other than its own officials, authority to— *937 (1) Exercise administrative discretion in the administration or supervision of

Rosalba Aguirre-Cervantes AKA Maria Esperanza Castillo v. Immigration and Naturalization Service

242 F.3d 1169 · Court of Appeals for the Ninth Circuit · Mar 21, 2001

This clearly raised the argument that the petitioner’s particular social group consisted of her immediate family. … Family membership is clearly an immutable characteristic, fundamental to one’s identity.

Jie Lin v. John Ashcroft, Attorney General

377 F.3d 1014 · Court of Appeals for the Ninth Circuit · Aug 4, 2004

Establishing refugee status To prevail in his asylum claim, Lin must show that he qualifies as a refugee under 8 U.S.C. § 1101 (a)(42) by establishing that (1) he has been a victim of persecution, (2) he is a member of a … Counsel’s utter failure to discover facts and present supporting legal analysis thus clearly prejudiced Lin. b.

Melvin Munir v. Thomas

471 F. App'x 570 · Court of Appeals for the Ninth Circuit · Mar 6, 2012

We lack jurisdiction to consider this interlocutory appeal because “an order denying qualified immunity on the ground that a genuine issue of material fact exists is not a final, immediately appealable order.” … , if proven, would establish a violation of Munir’s clearly established Eighth Amendment rights.

AMERICAN FEDERATION OF GOVERNMENT v. Stone

502 F.3d 1027 · Court of Appeals for the Ninth Circuit · Sep 5, 2007

It is well established that an organization "may have standing in its own right to seek judicial relief from injury to itself and to vindicate whatever rights and immunities the association itself may enjoy." Warth v. … In this case, an increased difficulty in recruiting union members qualifies as a "concrete and demonstrable" injury.

United States v. One Parcel of Land, Known as Lot 111 Tax Map Key 4

902 F.2d 1443 · Court of Appeals for the Ninth Circuit · May 10, 1990

Alternatively, the court held that Stage did not qualify as an "innocent owner." We affirm. … Our review of the record satisfies us that the district court's finding was not clearly erroneous. Stage presented no documentary evidence regarding his finances or payments with respect to the purchase of the property.

Robleto-Pastora v. Holder

567 F.3d 437 · Court of Appeals for the Ninth Circuit · May 27, 2009

Moreover, asylum status may be terminated simply by virtue of the fact that an alien no longer qualifies as a refugee. … See Kaganovich, 470 F.3d at 898 (agreeing with BIA’s determination that INA’s refugee provisions could not be read to immunize refugees from the INA’s removal provision).