Case law

United States v. Garrison M. Everett and Richard I. Chira

692 F.2d 596 · Court of Appeals for the Ninth Circuit · Mar 28, 1983

Clearly, this court has rejected Berrigan. See Bagnariol and Sanford, supra. … Nachtwey was a target of investigation in the case and was sufficiently connected to the conspiracy to qualify as an unindicted coconspirator for the purpose of Rule 801(d)(2)(E).

Jason Bezis v. City of Livermore

Court of Appeals for the Ninth Circuit · May 19, 2021

A district court’s decision on qualified immunity is reviewed de novo. Vazquez v. Cnty. of Kern, 949 F.3d 1153, 1159 (9th Cir. 2020). … To determine whether qualified immunity applies, we ask whether (1) the plaintiff has plausibly alleged a violation of a constitutional right, and (2) the constitutional right was “clearly established” at the time of the

Jeannette M. GATES, Appellee, v. GEORGIA-PACIFIC CORPORATION, a Corporation, Appellant

492 F.2d 292 · Court of Appeals for the Ninth Circuit · Feb 22, 1974

Gates took 23 hours of accounting in her undergraduate program, and she became qualified to teach accounting as a result of her graduate work. … And in McDonnell Douglas the Court set forth four criteria which may be used to establish a prima facie case of racial discrimination: *296 411 U.S. at 802 , 93 S.Ct. at 1824.

Pacito v. Trump

Court of Appeals for the Ninth Circuit · Mar 5, 2026

Bernard Brief at 10 (“The agreement between the Parish and NRCS is clearly a cooperative agreement and, as such, is not presumed to contemplate money damages. … Far from conferring discretion on the agency to establish or not establish such a program, the Act establishes the Office of Refugee Resettlement and  PACITO V.

In the Matter of the Grand Jury Proceeding Re Will Lewis, Applicant. Will Lewis, Applicant-Appellant v. United States

501 F.2d 418 · Court of Appeals for the Ninth Circuit · Jul 19, 1974

On June 17, the witness was granted immunity under 18 U.S.C. §§ 6001 , 6002 and 6003, and directed to reappear before the jury on June 19 at 10:00 a. m. … An examination of the relative posture of the parties before the trial court would clearly justify the resort to the subpoenas here.

The Fort Mojave Tribe v. County Of San Bernardino

543 F.2d 1253 · Court of Appeals for the Ninth Circuit · Sep 28, 1976

interest tax on the leasehold interest will have an economic effect on the Indian lessors, and perhaps, although not certainly, will reduce the amount of rent they will be able to collect the legal incidence of the tax clearly … Texas Co., 336 U.S. 342 (1949) a clear ruling that there was no tax immunity for non-Indian lessees prior to the passage of PL-280.

Kristine Phillips v. Marion County Sheriff's Office

494 F. App'x 797 · Court of Appeals for the Ninth Circuit · Oct 15, 2012

protected property interest in the arbitration award granting reinstatement of her employment and that Defendant Isham was entitled to qualified immunity. … As for whether Isham should be entitled to qualified immunity, the only question is whether it was clearly established that Isham had to abide by the arbitrator’s award.

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 ...

Floyd v. Santa Clara Department of Correction

Court of Appeals for the Ninth Circuit · Oct 28, 2025

We review a district court’s grant of summary judgment and its qualified immunity determinations de novo. Hughes v. Rodriguez, 31 F.4th 1211, 1218 (9th Cir. 2022) (citation omitted). We affirm. 1. … Floyd has failed to show that he “suffered a deprivation of a constitutional or statutory right” and therefore cannot overcome the officers’ defense of qualified immunity. Hamby v.

Colleen Fettig Dorothy Carr Cynthia Frye v. Amity Public School District, a School District in the State of Oregon George Lanning, Superintendent of Amity Public School District Robert Johnstone, Counsel for Amity School District Oregon State Police, an Agency of the State of Oregon Alan Corson, a Detective With the Oregon State Police Yamhill County District Attorney's Office, an Agency of the State of Oregon Jennifer Jordon, Yamhill County District Attorney City of Amity, a Municipal Corporation of the State of Oregon Jim France, Chief of Police for the City of Amity Oregon Childrens Services Division, an Agency of the State of Oregon Lea Huber Ronald Huber Donna Huber and Amada Hampton

133 F.3d 926 · Court of Appeals for the Ninth Circuit · Jan 15, 1998

Qualified Immunity 3 To determine if Defendants are entitled to qualified immunity on this interlocutory appeal, we may consider whether Plaintiffs' rights were clearly established as a matter of law when Defendants allegedly … Clearly Established Rights 4 By January 1994, Plaintiffs' rights not to be detained without probable cause or subjected to malicious prosecution were clearly established. Bretz v.

13 Fair empl.prac.cas. 845, 13 Empl. Prac. Dec. P 11,328 Tejpal S. Sethy v. Alameda Co. Water District, (Three Cases). Tejpal S. Sethy v. Alameda Co. Water District, (Two Cases)

545 F.2d 1157 · Court of Appeals for the Ninth Circuit · Oct 26, 1976

THE WATER DISTRICT'S APPEAL 5 (a) Municipal Immunity 6 The Water District contends that municipal immunity, established for actions brought under 42 U.S.C. § 1983 by Monroe v. … Clearly this passage speaks to several issues. It is consistent, however, with the intention not to create municipal liability. 2 See Runyon v.

Where Do We Go Berkeley v. Caltrans

32 F.4th 852 · Court of Appeals for the Ninth Circuit · Apr 27, 2022

This is because the second clause still requires a plaintiff to establish that he or she is a “qualified individual with a disability,” and a plaintiff is not “qualified” to bring a Title II claim unless he or she “meets … It recognized that the encampments were “in need of urgent relocation” and that allowing them “to remain in place permanently [was] clearly not viable.” Id. at *4.

United States v. Shane Russell Savage

488 F.3d 1232 · Court of Appeals for the Ninth Circuit · Jun 12, 2007

Thus, convictions for walkaway escape could clearly take place “on the basis of conduct that did not present a serious potential risk of physical injury to another.” … Accordingly, because the appropriate documents establish that Savage was convicted of escaping from a jail, his previous conviction qualifies as a “crime of violence” under § 4131.2(a).

Riolordo Appling v. City of Los Angeles

701 F. App'x 622 · Court of Appeals for the Ninth Circuit · Jul 12, 2017

For the reasons discussed below, we reverse the district court’s order granting summary judgment and qualified immunity in favor of the defendants as to this claim. … For the following reasons, we reverse the district court’s order granting summary judgment and qualified immunity in favor of the defendants as to this claim.

Gerald De Cruz v. A. Panizza

Court of Appeals for the Ninth Circuit · Apr 13, 2020

qualified immunity determinations); Guatay v. Christian Fellowship v. County of San Diego, 670 F.3d 957, 970 (9th Cir. 2011) (district court’s decision on cross- motions for summary judgment). We affirm. … Ct. 305, 308 (2015) (per curiam) (discussing qualified immunity and explaining that a “clearly established right is one that is sufficiently clear that every reasonable official would have understood that what he is doing

The Satanic Temple v. Labrador

Court of Appeals for the Ninth Circuit · Sep 2, 2025

The panel remanded to the district court for a determination of whether TST’s complaint clearly could not be saved by any amendment. COUNSEL W. … State, 522 P.3d 1132 (Idaho 2023). 3 TST also sued the State of Idaho, which the district court dismissed based on sovereign immunity.

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.

Javier Torres v. Terry Goddard

Court of Appeals for the Ninth Circuit · Jun 25, 2018

This second prong of the qualified immunity analysis requires us to examine the “contours” of the plaintiffs’ Fourth Amendment rights to determine whether those particular rights were “clearly established,” Hope v. … established” than the claimed violations of the Fourth Amendment for which defendants are entitled to qualified immunity.

New York Life Ins. v. Rutherford

284 F. 707 · Court of Appeals for the Ninth Circuit · Nov 20, 1922

It is equally well established that the contract of insurance may not be qualified or limited by private instructions from the insurer to its agent. Fried v. Royal Ins. Co., 50 N. Y. 243 ; Going v. Ins. Co., 58 S. … A.) 275 Fed. 657 , but that case is clearly distinguishable from the case at bar in that the insurance there under consideration was not to take effect unless the policy were delivered and received during the lifetime and

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