Case law

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.

Patsy Anderson v. United Finance Company

666 F.2d 1274 · Court of Appeals for the Ninth Circuit · Feb 4, 1982

She was attempting to establish individual credit. Furthermore, her husband instructed appellee that he did not want to be liable on the note. He was on welfare and disabled at 'the time. … Thus, the Federal Reserve Board and the Comptroller of the Currency have clearly concluded that when an applicant has individually qualified for a loan, requiring a spouse’s signature on a note is a violation of the ECOA.

Truconnect Communications, Inc. v. Peterson

Court of Appeals for the Ninth Circuit · Mar 25, 2025

TruConnect’s First Amendment retaliation claim fails because Peterson is entitled to qualified immunity. … Garnand, 83 3 F.4th 743, 752–53 (9th Cir. 2023) (holding in 2023 that it was not clearly established that a retaliatory criminal investigation violated the First Amendment)

Paige v. California

102 F.3d 1035 · Court of Appeals for the Ninth Circuit · Dec 20, 1996

immunity, in the interests of “judicial economy.” — U.S. at -, 115 S.Ct. at 1208 . … This measure established the pool of qualified nonwhite law enforcement officers in the state. . Other claims, including the disparate treatment claim, remain to be decided in the district court. .

Kahawaiolaa v. Norton

386 F.3d 1271 · Court of Appeals for the Ninth Circuit · Oct 27, 2004

commitment of the issue to a coordinate political department; or a lack of judicially discoverable and manageable standards for resolving it; or the impossibility of deciding without an initial policy determination of a kind clearly … Mancari, the Supreme Court explained that employment preferences for certain qualified Indians in the Bureau of Indian Affairs, did not constitute “racial discrimination,” or even a “racial” preference. 417 U.S. 535, 553-

United States v. John Doe

778 F.3d 814 · Court of Appeals for the Ninth Circuit · Feb 17, 2015

-4-  Gordo and Pelón then went to Fletes’s establishment to consummate the transaction, which took place under law enforcement surveillance. … Based on these findings, the district court concluded that Doe qualified as an “organizer” and overruled his objection to the imposition of the organizer enhancement.

United States of America, Quinault Tribe of Indians, Intervenors-Plaintiffs v. State of Washington, Thor C. Tollefson, Director, Washington State Department of Fisheries, Intervenors-Defendants, Northwest Steelheaders Council of Trout Unlimited and Gary Ellis,intervenor-Defendant-Appellant. United States of America, Quinault Tribe of Indians, Intervenors-Plaintiffs v. State of Washington, Thor C. Tollefson, Director, Washington State Department of Fisheries, Intervenors-Defendants, Washington Reef Net Owners Association, Intervenor-Defendant-Appellant. United States of America, Quinault Tribe of Indians, Intervenors-Plaintiffs, Muckleshoot Indian Tribe v. State of Washington, Thor C. Tollefson, Etc., Intervenors-Defendants. United States of America, Quinault Tribe of Indians, Intervenors-Plaintiffs v. State of Washington, Thor C. Tollefson, Director, Washington State Department of Fisheries, Intervenors-Defendants, Carl Crouse, Director of the Department of Game, the Washington State Gamecommission, Intervenors-Defendants-Appellants. United States of America, Quinault Tribe of Indians, Intervenors-Plaintiffs v. State of Washington, Thor C. Tollefson, Director, Washington State Department of Fisheries, Intervenors-Defendants, Thor C. Tollefson, Director, Washington State Department of Fisheries, Intervenor-Defendant-Appellant. United States of America, Quinault Tribe of Indians v. State of Washington, Thor C. Tollefson, Director, Washington State Department of Fisheries, Washington Reef Net Owners Association, United States of America, Quinault Tribe of Indians, Puyallup Tribe of Puyallup Reservation v. State of Washington, Thor C. Tollefson, Director, Washington State Department of Fisheries, United States of America, Quinault Tribe of Indians, Nisqually Indian Community of the Nisqually Reservation v. State of Washington, Thor C. Tollefson, Director, Washington State Department of Fisheries

520 F.2d 676 · Court of Appeals for the Ninth Circuit · Jul 23, 1975

Other citizens clearly have no more claim to a share of the fish caught on the reservations than they do to a right to reside on those reservations. … Muckleshoot Tribe 60 The Muckleshoot Indian Reservation, named after the prairie on which it is located, was established in 1857, two years after the treaties were signed.

Mitchell B. Haisten, Individually and as the Administrator of the Estate of Jean E. Haisten v. Grass Valley Medical Reimbursement Fund, Ltd.

784 F.2d 1392 · Court of Appeals for the Ninth Circuit · Mar 17, 1986

We have established a three-part test for determining whether such limited jurisdiction may be exercised: 1. … Clearly, Haisten, a claimant injured from the insured’s malpractice, falls within the scope of the statute.

Jayantha Edirsinghe Kankamalage v. Immigration and Naturalization Service

335 F.3d 858 · Court of Appeals for the Ninth Circuit · Jul 8, 2003

The IJ denied withholding of deportation, ruling that Kankamalage had not established that persecution was clearly probable if he were to be returned to Sri Lanka. … However, we are not obligated to accept an interpretation clearly contrary to the plain and sensible meaning of the statute. Id.

Hatfield v. Halifax PLC & HBOS PLC

564 F.3d 1177 · Court of Appeals for the Ninth Circuit · May 8, 2009

The Transfer Document provided that, if the conversion was approved, each “qualifying member” would receive free shares in Halifax. … The Transfer Agreement provides that each of such Qualifying Investing Members, Qualifying Borrowing Members, Investing Members, Borrowing Members, the officers of the society or SCB members, as the case may be, shall be

Stock West, Inc. v. Confederated Tribes Of The Colville Reservation

873 F.2d 1221 · Court of Appeals for the Ninth Circuit · Apr 20, 1989

City of Long Beach, 772 F.2d 534, 538 (9th Cir.1985), the district court's factual findings on jurisdictional issues must be accepted unless clearly erroneous. Bruce v. … The court went on to point out that in matters concerning reservation affairs, "tribal courts are best qualified to interpret and apply tribal law."

Renee v. Duncan

623 F.3d 787 · Court of Appeals for the Ninth Circuit · Sep 27, 2010

The parties agree that NCLB gives the states considerable flexibility in establishing credentialing systems under which a state teaching permit or credential may constitute “full State certification” within the meaning of … If, however, we determine that Congress has not clearly spoken on the precise question, the second question is whether the agency’s interpretation “is based on a permissible construction of the statute.”

United States v. William E. McLaughlin

663 F.2d 949 · Court of Appeals for the Ninth Circuit · Dec 14, 1981

The contract established a payment scale which placed a ceiling on the. hourly compensation paid to carpenters. The Union wanted the ceiling as a means of preventing piecework by more highly skilled carpenters. … In enacting § 530, Congress clearly looked to the taxpayer’s treatment of the individual, not to particular payments to an individual. The legislative history of the section confirms this.

Christopher Jones v. Dwight Neven

399 F. App'x 203 · Court of Appeals for the Ninth Circuit · Oct 6, 2010

established and that therefore defendants were entitled to qualified immunity. … The Eighth Amendment rights Jones claims defendants violated, however, were clearly established. See Helling v. McKinney, 509 U.S. 25, 34-35 (1993) (ETS exposure can be actionable under § 1983); Keenan v.

Rodrigo Aguilar v. Knueppel

Court of Appeals for the Ninth Circuit · Mar 27, 2024

Garner, 471 U.S. 1, 8 (1985)); see also Torres, 648 F.3d at 1123 (holding that an officer may be denied qualified immunity at the summary judgment stage only if (1) the evidence “taken in the light most favorable to the … party asserting injury, show[s] that the officer’s conduct violated a constitutional right, and (2) the right at issue was clearly established at the time of the incident such that a reasonable officer would have understood

Singh v. Ilchert

69 F.3d 375 · Court of Appeals for the Ninth Circuit · Nov 1, 1995

In this case, the BIA found that Singh did not qualify as a refugee because his past persecution was not “on account of’ his political opinion. … Here, Singh clearly was persecuted on account of imputed political opinion. Singh was tortured by the police because they thought he was a supporter of the Sikh separatists.

Patricia A. Price v. Commissioner of Internal Revenue

887 F.2d 959 · Court of Appeals for the Ninth Circuit · Oct 18, 1989

Section 6013(e)(1)(C) states that to qualify for the shield of innocent spouse protection, a spouse must establish that “in signing the return he or she did not know, and had no reason to know, that there was such substantial … If the statutory language is unambiguous, its plain meaning controls unless *964 Congress has “clearly expressed” a contrary legislative intention. 594,464 Pounds of Salmon, 871 F.2d at 826 .

Mario Noyola v. Steven Hammond

Court of Appeals for the Ninth Circuit · Mar 19, 2019

The district court properly granted summary judgment on Noyola’s Eighth Amendment claim on the basis of qualified immunity because defendants’ conduct did not violate clearly established law. See Plumhoff v. … Rickard, 572 U.S. 765, 778-79 (2014) (defendants sued under § 1983 are entitled to qualified immunity unless they violated a right that was clearly established; “a defendant cannot be said to have violated a clearly established

United States v. Polizzi

500 F.2d 856 · Court of Appeals for the Ninth Circuit · Apr 30, 1974

“The Court: I understand what you are trying to show, but I don’t know how you can show it by establishing — you are not able to establish the foundation for this document by this witness, as I see it. … You may be able to establish it by some other witness, or if your brother takes the stand and testifies you can establish his whereabouts by his testimony. “Mr.

Vickars-Henry Corporation v. Board of Governors of the Federal Reserve System

629 F.2d 629 · Court of Appeals for the Ninth Circuit · Oct 6, 1980

Accordingly, this court' held that, in adopting a program clearly contrary to established statutory and administrative policy, a party has the duty to seek and obtain an authoritative renunciation of the regulatory strictures … Unlike the bank in California Pacific Bank , however, V-H was not acting under any plan made clearly unlawful by statute and regulation.