Case law

UNITED STATES of America, Appellee, v. Julian S. H. WEINER, Marvin Al Lichtig and Solomon Block, Appellants

578 F.2d 757 · Court of Appeals for the Ninth Circuit · Jul 21, 1978

In this case the disputed statements were clearly made during and in furtherance of the conspiracy. … There was clearly sufficient evidence to support the jury’s conviction of Lichtig on Count 75.

N. E. M. v. City of Salinas

Court of Appeals for the Ninth Circuit · Feb 4, 2019

In determining whether an officer is entitled to qualified immunity, we consider “(1) whether there has been a violation of a constitutional right; and (2) whether that right was clearly established at the time of the … Accordingly, the officers are not entitled to qualified immunity at this summary judgment stage.

United States v. Marks

187 F.2d 724 · Court of Appeals for the Ninth Circuit · May 15, 1951

itemized as shown in the footnote. 2 There are two questions for decision, (1) whether the livestock loss “arose out of the combat activities of military personnel of the United States” within the intendment of the proviso qualifying … The court found that the government failed to establish this setoff by a preponderance of the evidence. The finding is not clearly erroneous and must be accepted. 4 .

Corales v. Bennett

Court of Appeals for the Ninth Circuit · Jun 1, 2009

Eleventh Amendment and Qualified Immunity [24] The district court correctly determined that school dis- tricts in California are immune from § 1983 claims by virtue of Eleventh Amendment immunity. Belanger v. … BENNETT 6485 We need not reach the issue of whether qualified immunity extends to Bennett and Kinley, as Plaintiffs have raised no tri- able issue of fact as to whether either Bennett or Kinley vio- lated

Brewer v. Lewis

989 F.2d 1021 · Court of Appeals for the Ninth Circuit · Mar 2, 1993

The issue here is whether petitioner Elsie Brewer, as purported next friend of John Brewer, qualifies as the “petitioner” for purposes of our rule prior to establishing her standing as a next friend. … Brewer failed to clearly establish her standing, because the record shows that she did not provide the meaningful evidence which Whitmore and Baal demand.

Aspen Skiing Co. v. Cherrett (In Re Cherrett)

873 F.3d 1060 · Court of Appeals for the Ninth Circuit · Oct 16, 2017

way, whether the rule of law as applied to the established facts is or is not violated.” … The Bankruptcy Court Did Not Clearly Err by Finding That Cher-rett Incurred the Housing Loan Primarily for a Non-Consumer Purpose.

Prudential Locations LLC v. U.S. Department of Housing & Urban Development

739 F.3d 424 · Court of Appeals for the Ninth Circuit · Oct 9, 2013

In Landano, the Court established the criteria by which a law enforcement “source” can qualify as “confidential” within the meaning of Exemption 7(D). See Landano, 508 U.S. at 179–80. … Once a nontrivial privacy interest is established, the next stage of the analysis is to evaluate whether invasion of that interest is “clearly unwarranted” by the countervailing public interest in disclosure.

UNITED STATES of America, Plaintiff-Appellee, v. Michael MEDJUCK, Defendant-Appellant

156 F.3d 916 · Court of Appeals for the Ninth Circuit · Sep 3, 1998

This definition clearly encompasses conspiracies that plan the shipment of drugs that are destined for the United States. … Without establishing a specific test for what the government must do to qualify for an exception to the Confrontation Clause, the court held “that the state must do something in its attempt to secure the defendant’s presence

Diego Mendoza-Garcia v. Merrick Garland

36 F.4th 989 · Court of Appeals for the Ninth Circuit · Jun 10, 2022

As a threshold question, we must resolve whether Cisneros is clearly irreconcilable with Stitt. See Miller v. … To qualify for CAT protection, Petitioner must prove “that it is more likely than not that he  MENDOZA-GARCIA V.

Crittenden v. Ayers

624 F.3d 943 · Court of Appeals for the Ninth Circuit · Nov 2, 2010

AYERS 18127 established federal law. See Carey v. Musladin, 549 U.S. 70, 76 (2006) (divergence of courts reflects lack of guidance from the Supreme Court as to clearly established federal law). … a violation of clearly established law.

Manuel De Jesus Ortega Melendr v. Joseph M. Arpaio

695 F.3d 990 · Court of Appeals for the Ninth Circuit · Sep 25, 2012

Based on the above, we have exercised jurisdiction to review issues related to sovereign and qualified immunity, subject matter jurisdiction, and abstention. See Meredith, 321 F.3d at 816. … In sum, we conclude that the district court did not clearly err in finding that the threatened constitutional injury was likely to occur again, and thus, there was no error in the determination that the Plaintiffs had standing

Mayfield v. City of Mesa

131 F.4th 1100 · Court of Appeals for the Ninth Circuit · Mar 24, 2025

Visibly weaving in traffic may qualify as driving “in reckless disregard for the safety of persons or property,” ARIZ. REV. STAT. § 28- 14 MAYFIELD V. … Likewise, the parties do not dispute that Mayfield has sufficiently alleged that, under Title II, she is a qualified individual with a disability and that, if she establishes actionable discrimination under prong (2), such

Airline Service Providers Ass'n v. Los Angeles World Airports

873 F.3d 1074 · Court of Appeals for the Ninth Circuit · Oct 16, 2017

The majority is willing to conclude—with little examination of what the full effects of section 25 will be—that the City’s proprietary interest in LAX immunizes section 25 from preemption. … Hartley, Preemption’s Market Participant Immunity—A Constitutional Interpretation: Implications for Living Wage and Labor Peace Policies, 5 U. Pa. J. Lab. & Emp.

Audelio Arriaga-Barrientos v. U.S. Immigration and Naturalization Service

925 F.2d 1177 · Court of Appeals for the Ninth Circuit · Feb 13, 1991

INS, 909 F.2d 1 , 6 n. 4 (1st Cir.1990) (“Only the Ninth Circuit clearly has held that neutrality is a political opinion within the meaning of the Act.”); Perlera-Escobar v. … We hold that the military is not a social group qualifying its servicemen or former servicemen for asylum eligibility. See Montecino v. INS, 915 F.2d 518, 520 (9th Cir.1990).

Daniel Demer v. IBM Corp Ltd Plan

835 F.3d 893 · Court of Appeals for the Ninth Circuit · Aug 26, 2016

Goldman, “there clearly are no objective or other compelling or convincing data to establish functional impairment as a result of Mr. Demer’s psychotropic medications.” Dr. … An award of benefits is not a proper remedy because the record does not clearly establish that MetLife should necessarily have awarded Mr. Demer benefits. Cf. Grosz-Salomon v. Paul Revere Life Ins.

United States v. Orm Hieng

679 F.3d 1131 · Court of Appeals for the Ninth Circuit · May 11, 2012

. § 3553 (f), but failed to persuade the district court that he had established the facts necessary to qualify for relief. Hieng raises several issues in his appeal. … The cases are also not clearly irreconcilable because we can apply Nazemian without running afoul of Crawford .

Jose Valerio-Ochoa v. Immigration and Naturalization Service

241 F.3d 1092 · Court of Appeals for the Ninth Circuit · Feb 15, 2001

The immigration judge found that Vaierio-Ochoa’s conviction for discharging a firearm conclusively established deportability under § 241(a)(2)(C). The Board of Immigration Appeals affirmed the immigration judge’s order. … Clearly, under any fair reading, the act of “willfully discharg[ing] a firearm in a grossly negligent manner” in violation of *1096 CaLPenal Code § 246.3 qualifies as “using” a firearm under 8 U.S.C. § 1227 (a)(2)(C).

George Wainscoat v. Reynolds Electrical & Engineering Co., Inc., a Corporation, Joe Harlan v. Reynolds Electrical & Engineering Co., Inc., a Corporation

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

See Footnote 1. 34 It is true that high salary alone does not qualify one for the executive classification. … For example, in some departments, or subdivisions of an establishment, an employee has broad responsibilities similar to those of the owner or manager of the establishment, but generally spends more than 50 percent of his

Lyndsay Davidson v. County of Los Angeles

Court of Appeals for the Ninth Circuit · May 19, 2020

The district court did not err in granting summary judgment on qualified immunity grounds. … We have held that government officials are not entitled to qualified immunity if their conduct violates the clearly established right to be free from judicial deception during removal proceedings. See Greene v.

United States v. Morse Erskine

588 F.2d 721 · Court of Appeals for the Ninth Circuit · Dec 18, 1978

Haseltine is clearly inapplicable to this case, however, because there the court treated the statute in question as one which required only general, not specific, intent. … Saidy was qualified to give such an opinion on the defendant’s mental condition, but we do hold that the defendant was entitled to introduce competent evidence pertaining to the defense of lack of specific intent.