Case law

Bryan Olson v. Ak State Trooper G. Ken Zabala

465 F. App'x 684 · Court of Appeals for the Ninth Circuit · Jan 10, 2012

resisting arrest and threatening officers, was not clearly established when the incident occurred in 2005. … Agarano, 661 F.3d 433, 446-48, 452 (9th Cir. 2011) (en banc) (officers entitled to qualified immunity because the law with respect to an officer’s use of a taser against an actively resisting suspect was not clearly established

Tamara Rubin v. State of Oregon

Court of Appeals for the Ninth Circuit · Jan 10, 2024

We review a district court’s grant of summary judgment based on qualified immunity de novo. Evans v. Skolnik, 997 F.3d 1060, 1064 (9th Cir. 2021). We affirm. … was ‘clearly established at the time of the violation.’”

Jose Roberto Fernandez-Ruiz v. Alberto R. Gonzales, Attorney General

468 F.3d 1159 · Court of Appeals for the Ninth Circuit · Nov 15, 2006

Ashcroft, 390 F.3d 1091, 1095 (9th Cir.2004) (“If the record of conviction does not establish that the offense the petitioner committed qualifies as an aggravated felony, the government has not met its burden of proving that … Moreover, we cannot apply the modified categorical approach because the record does not contain any “documentation or judicially noticeable facts that clearly establish that the conviction is a [crime of moral turpitude].

United States v. Zarate-Martinez

133 F.3d 1194 · Court of Appeals for the Ninth Circuit · Jan 13, 1998

This he clearly has not done, as less than five years have elapsed since the August 1993 conviction. Under the new § 1229b, this conviction is a per se bar to cancellation of deportation. … an aggravated felony. 112 F.3d at 401 n. 2 (citing Lomas, 30 F.3d at 1194 n. 2) The government clearly gave such notice to Zarate-Martinez in the indictment.

Doe v. Reed

586 F.3d 671 · Court of Appeals for the Ninth Circuit · Oct 22, 2009

A district court abuses its discretion if it bases its decision on an erroneous legal standard or clearly erroneous findings of fact. Sierra Forest Legacy v. Rey, 577 F.3d 1015, 1021 (9th Cir.2009) (citing Am. … Without the PRA, the public is effectively deprived of the opportunity independently to examine whether the State properly determined that a referendum qualified, or did not qualify, for the general election.

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 .

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.

Royse v. Superior Court of Washington

779 F.2d 573 · Court of Appeals for the Ninth Circuit · Jan 3, 1986

The Supreme Court has established a two-part test to review censorship of prison mail. Procunier, 416 U.S. at 413 , 94 S.Ct. at 1811 . … We reject this claim as clearly frivolous.

United States v. Rutilio Garcia-Sanchez, A.K.A. Jose

189 F.3d 1143 · Court of Appeals for the Ninth Circuit · Sep 3, 1999

Because the Sentencing Guidelines’ approach to conspiracy liability is clear and well established, the error was plain. … On this record, the district court did not clearly err in concluding Garcia-Sanchez was not a minor or minimal participant.

Galina Ivanovna Smolniakova v. Alberto R. Gonzales, Attorney General

422 F.3d 1037 · Court of Appeals for the Ninth Circuit · Sep 7, 2005

The BIA is instructed to grant Smolniako-va a new hearing in which she has a full and fair opportunity to establish her credibility in the qualifying marriage context. … To establish eligibility for asylum, Smol-niakova must qualify as a refugee. INA § 208(b), 8 U.S.C. § 1158 (b). A refugee is one “who is unable or unwilling to return to ...

Lindsey v. Leavy

149 F.2d 899 · Court of Appeals for the Ninth Circuit · Jun 1, 1945

The rule is now well established in the many cases dealing with the problem. … Appellees herein who are public officers and officials, claim immunity from liability in a civil action for their acts done only in the performance of their official duties.

Emma Siles v. Ilgwu National Retirement Fund Dennis Slipkoff Alvin Kaplan

783 F.2d 923 · Court of Appeals for the Ninth Circuit · Feb 25, 1986

in 1975 or 1976 to qualify for the ERISA plan. … The second half of her argument, however, is clearly wrong. ERISA defines "participant” in terms of “employee." 29 U.S.C. § 1002 (7) (1982).

Neil Bergt v. The Retirement Plan for Pilots Employed by Markair, Inc.

293 F.3d 1139 · Court of Appeals for the Ninth Circuit · Jun 19, 2002

Furthermore, the SPD is the “statutorily established means of informing participants of the terms of the plan and its benefits” and the employee’s primary source of information regarding employment benefits. … According to the plan master document, Bergt was clearly eligible to participate in the retirement plan because he was an employee, was a former pilot, and did not participate in another pension or profit-sharing plan to

John Sturgeon v. Sue Masica

768 F.3d 1066 · Court of Appeals for the Ninth Circuit · Oct 6, 2014

Goltz, 736 F.3d 1152, 1160 (9th Cir. 2013) (interpreting the Privileges or Immunities Clause to encompass “a right to navigate the navigable waters of the United States”). … With regard to Alaska’s chum and sockeye salmon study, the increased burdens to Alaska as a result of NPS’s permit requirement clearly constitute injuries-in-fact.

Steve Kassab v. San Diego Police Department

453 F. App'x 747 · Court of Appeals for the Ninth Circuit · Oct 13, 2011

The district court concluded that qualified immunity applied because the force used was de minimus and because it was not clearly established 2 … established.”

Harrison v. Ollison

519 F.3d 952 · Court of Appeals for the Ninth Circuit · Mar 20, 2008

Nor did the ruling in Jones so change the law that it clearly placed Harrison’s conduct outside the sweep of § 844(i). … Accordingly, we conclude that Harrison cannot establish that he “has not had an unobstructed procedural shot” at presenting his claim, Stephens, 464 F.3d at 898 (internal quotation marks omitted), and thus cannot qualify

Joseph E. Pauly, Husband Judy B. Pauly, Wife v. U.S. Department of Agriculture Ann M. Veneman, Secretary of the United States Department of Agriculture National Appeals Division of the United States Department of Agriculture Norman G. Cooper, Director of the National Appeals Division of the United States Department of Agriculture Farm Service Agency, United States Department of Agriculture James R. Little, Acting Administrator of the Farm Service Agency, United States Department of Agriculture, Joseph E. Pauly, Husband Judy B. Pauly, Wife v. U.S. Department of Agriculture Ann M. Veneman, Secretary of the United States Department of Agriculture National Appeals Division of the United States Department of Agriculture Norman G. Cooper, Director of the National Appeals Division of the United States Department of Agriculture Farm Service Agency, United States Department of Agriculture James R. Little, Acting Administrator of the Farm Service Agency, United States Department of Agriculture

348 F.3d 1143 · Court of Appeals for the Ninth Circuit · Nov 13, 2003

Despite the Paulys' conclusory statement that such conduct "clearly meets the heightened standard," they are unable to explain how widespread misinformation evinces knowledge of the actual terms of the SAA. … It is a well-established rule that "anyone entering into an arrangement with the Government takes the risk of having accurately ascertained that he who purports to act for the Government stays within the bounds of his authority

McClure v. City of Long Beach

104 F.3d 365 · Court of Appeals for the Ninth Circuit · Dec 20, 1996

II. 16 If appellants can demonstrate that the law regarding the Fair Housing Amendments Act was not clearly established at the time they acted, then they are entitled to qualified immunity. … Accordingly, because no law was clearly established as to this section, we find appellants are entitled to qualified immunity as to this claim. C.

Wendell Lyons Donald Tate Robert L. Claiborne Rosevelt Willson v. Gordon R. England, Secretary of the Navy

307 F.3d 1092 · Court of Appeals for the Ninth Circuit · Oct 9, 2002

On these facts, any additional EEOC investigation regarding the 1997 promotions would have been redundant, because the appellants clearly articulated in their charges their theory that the appellee had systematically restricted … “To accomplish this, the defendant must clearly set forth, through the introduction of admissible evidence, the reasons for the plaintiffs rejection.” Burdine, 450 U.S. at 255 , 101 S.Ct. 1089 .

National Ass'n for the Advancement of Psychoanalysis v. California Board of Psychology

228 F.3d 1043 · Court of Appeals for the Ninth Circuit · Sep 29, 2000

Also, based on Eleventh Amendment immunity, the court dismissed with prejudice two defendants, the State of California and the Board. … The communication that occurs during psychoanalysis is entitled to constitutional protection, but it is not immune from regulation.