Case law

Cara Lyn Landreth, a Minor, by and Through Her Guardian Ad Litem, Joseph Y. Ore v. United States

850 F.2d 532 · Court of Appeals for the Ninth Circuit · Jun 23, 1988

Cara Landreth appeals, contending that (1) her parents did not know or have reason to know of the existence of facts establishing the government’s responsibility for her condition until a period within two years of the filing … The FTCA is a limited waiver of sovereign immunity. The purpose of the two-year limitation provision of Section 2401(b) is to encourage the expeditious disposition of claims.

Crider v. Ashcroft

74 F. App'x 729 · Court of Appeals for the Ninth Circuit · Aug 6, 2003

Crider contends that he qualifies under this provision because he was “born outside of the United States” and both of his (later-adopting) parents are citizens. … But Crider clearly was not born outside the United States “of parents both of whom are citizens.” Id. Crider was born of parents neither of whom were or are citizens of the United States.

Glen Goings v. Curt Chisholm Jack McCormick Gary Weer Myron Beeson Noel Davidson Mike Mahoney

111 F.3d 138 · Court of Appeals for the Ninth Circuit · Apr 7, 1997

At the same time, we have cautioned against the filing of routine appeals from denials of qualified immunity motions, especially where it appears the district court was clearly correct in its qualified immunity determination … a claim of violation of clearly established law?

Ibrahim v. Department of Homeland Security

669 F.3d 983 · Court of Appeals for the Ninth Circuit · Feb 8, 2012

Fleuti, 374 U.S. 449, 450 , 83 S.Ct. 1804 , 10 L.Ed.2d 1000 (1963) (entry after innocent, casual, and brief excursion abroad did not qualify as “entry” for immigration purposes); Kw ong Hai Chew, 344 U.S. at 593-95 , 73 S.Ct … The circumstances of an alien’s departure may cast some light on whether the alien has established, and wishes to maintain, a voluntarily established connection with the United States.

Price v. Akaka

928 F.2d 824 · Court of Appeals for the Ninth Circuit · Sep 25, 1990

Clearly, under § 1983, a plaintiff may sue a state officer in his individual capacity for alleged wrongs committed by the officer in his official capacity. … The defendants therefore do not share the state’s immunity from this suit.

Edmund Y. Chein v. Richard Shumsky, Chief Probation Officer, La County California State Attorney General

373 F.3d 978 · Court of Appeals for the Ninth Circuit · Jun 25, 2004

California is generally free to enact rules of evidence establishing when and how witnesses are qualified to testify at trial, and to bar them from testifying otherwise. … This is plainly untrue: Kobrin established that the question of materiality must be submitted to the jury, and the specific formulation of that requirement is clearly a valid holding of the court. Indeed, People v.

Lebbos v. Judges of the Superior Court, Santa Clara County

883 F.2d 810 · Court of Appeals for the Ninth Circuit · Aug 28, 1989

The court also dismissed any claims for damages against the named judges finding them immune from liability. … Guetschow, 869 F.2d 1298 , 1301 (9th Cir.1989). .The judges are not immune from appellants’ claims for prospective relief. Pulliam v.

Turlock Irrigation District v. Ferc

903 F.3d 862 · Court of Appeals for the Ninth Circuit · Sep 6, 2018

Under FERC’s interpretation, only reliability impacts can qualify as Adverse Impacts. … FERC’s own orders establish that the Districts met the low threshold for requesting a study.

Kupetz v. United States ex rel. United States Department of Education (In re California Trade Technical Schools, Inc.)

923 F.2d 641 · Court of Appeals for the Ninth Circuit · Jan 10, 1991

Nonetheless, not all of the $372,-254.44 transferred to DOE from the FIB account on May 20, 1983 is necessarily immune from the trustee’s avoidance powers. … CONCLUSION The bankruptcy court erred in holding that the funds in the FIB account could be considered trust funds only if they qualified under the tracing requirement.

Greg Moore v. Sean Garnand

Court of Appeals for the Ninth Circuit · Sep 29, 2023

That the district court’s denial left the qualified immunity question open 1 In this disposition, we address only the Fourth Amendment claims. … “The officers are entitled to qualified immunity unless: (1) the [plaintiffs] have ‘made out a violation of a constitutional right,’ and (2) ‘the right at issue was “clearly established” at the time of the officers’ alleged

Byrd v. Maricopa County Sheriff's Department

565 F.3d 1205 · Court of Appeals for the Ninth Circuit · May 18, 2009

Thurman, 109 F.3d 614, 620 (9th Cir.1997) (in context of qualified immunity, holding right to be free of cross-gender searches not clearly established). … The defendants sued in their individual capacities did not assert qualified immunity in district court, and accordingly we do not consider the issue on appeal. .

Rifino v. United States (In re Rifino)

260 F.3d 1083 · Court of Appeals for the Ninth Circuit · Apr 13, 2001

The district court also dismissed appellee, the University of Washington, finding that sovereign immunity barred Rifino’s adversary proceeding. … Because the University of Washington withdrew its sovereign immunity claim on appeal to this court, we instruct the district court to vacate that part of its opinion.

California Chamber of Commerce v. Cert

29 F.4th 468 · Court of Appeals for the Ninth Circuit · Mar 17, 2022

The district court correctly found that CalChambers had established irreparable harm, which is relatively easy to establish in a First Amendment case. … A chemical is “known to the state to cause cancer” if it meets one of three statutory criteria: (1) the state’s qualified experts believe “it has been clearly shown through scientifically valid testing according to generally

Angelo Dahlia v. Omar Rodriguez

689 F.3d 1094 · Court of Appeals for the Ninth Circuit · Aug 7, 2012

Police Chief Stehr moved for summary judgment on sev- eral grounds, including qualified immunity. … immunity for Stehr.

Research Center of Hawaii v. Kina'u Boyd Kamali'i, Nancy McGuckin Judith Naniole, Winifred Ishimoto, and Gary Kajiwara

19 F.3d 1441 · Court of Appeals for the Ninth Circuit · Mar 18, 1994

We affirm on the basis of qualified immunity. … This court has established that "[w]hen qualified immunity is at stake [in a motion for summary judgment], a court must first determine whether the law has been clearly established.

Marlys Bear Medicine v. United States

241 F.3d 1208 · Court of Appeals for the Ninth Circuit · Mar 7, 2001

Gaubert, 499 U.S. 315, 324-35 (1991), addressing cases where "established governmental policy [. . .] allows a Government agent to exercise discretion." There was no such established policy here. … Federal statutes and regulations "clearly give the Federal Government full responsibility to manage Indian resources and land for the benefit of the Indians" and "thereby establish a fiduciary relationship."

Mills v. Davis

53 F. App'x 480 · Court of Appeals for the Ninth Circuit · Dec 20, 2002

We affirm on the ground that Marendt is entitled to quali *485 fied immunity. … Mills has not presented any evidence indicating that Marendt violated “clearly established ... constitutional rights of which a reasonable person would have known.” Harlow v.

Wainscoat v. Reynolds Electrical & Engineering Co.

471 F.2d 1157 · Court of Appeals for the Ninth Circuit · Jan 5, 1973

The Court goes on to say: “The findings of the court below are binding upon this court unless they are clearly erroneous.” … It is true that high salary alone does not qualify one for the executive classification.

Pearce v. Romeo

299 F. App'x 653 · Court of Appeals for the Ninth Circuit · Nov 3, 2008

Because Pearce did not argue this below and did not clearly make the argument until his reply brief, we decline to consider it. See Dream Palace v. County of Maricopa, 384 F.3d 990, 1005 (9th Cir.2004). … Absolute Immunity (Count 22) The district court dismissed count 22 because the Chiropractic Board members have absolute immunity. We agree.

Hudson D. Harmon v. Robert O. Finch, Etc.

460 F.2d 1229 · Court of Appeals for the Ninth Circuit · May 9, 1972

He earned enough in 1963 and 1964 to qualify for four quarters of disability insurance coverage; during the same period he was hospitalized only three days with his alleged infirmities. … Under such circumstances we cannot say that Harmon clearly met his burden to establish his entitlement to the benefits claimed, Mark v.