Case law

James Fields v. Palmdale School District (Psd)

427 F.3d 1197 · Court of Appeals for the Ninth Circuit · Nov 2, 2005

to qualified immunity. … The goal of this assessment is to establish a community baseline measure of children's exposure to early trauma (for example, violence).

Arizona Wholesale Grocery Co. v. Southern Pac. Co.

68 F.2d 601 · Court of Appeals for the Ninth Circuit · Jan 24, 1934

Both of the foregoing reports clearly establish that the commission regarded its holding in the Graham Case as a positive finding of a negative fact — a finding just as definite, concrete, and binding as a jury’s verdict … — excerpts that clearly indicate the utter lack of finality of the three eases there relied upon by counsel as having “established the reasonableness of the prior rates.”

50 Fair empl.prac.cas. 714, 50 Empl. Prac. Dec. P 39,202 Edward Temengil Justin Manglona Hiromi Rdiall Fred Heine Manuel Sablan Ramon Rechebei Charles Muller, Individually and on Behalf of All Others Similarly Situated, Plaintiffs-Appellees/cross-Appellants v. Trust Territory of the Pacific Islands Janet McCoy High Commissioner of the Trust Territory of the Pacific Islands United States Department of the Interior Manuel Lujon, Jr., Secretary of the Interior United States of America, Defendants-Appellants/cross-Appellees

881 F.2d 647 · Court of Appeals for the Ninth Circuit · Jul 28, 1989

Plaintiff has not shown that the district court's findings were clearly erroneous. See Rathgeb v. Air Cal, Inc., 812 F.2d 567, 570 (9th Cir.1987). … It is well established "that a waiver of the traditional sovereign immunity 'cannot be implied but must be unequivocally expressed.' " United States v.

United States v. Strickland

556 F.3d 1069 · Court of Appeals for the Ninth Circuit · Mar 2, 2009

States. 14 The list of approved documents enumerated in Shepard is illustrative, as other documents of equal reliability may also be considered. 15 Our aim is to determine whether documentation or judicially noticeable facts clearly … establish that the defendant pleaded guilty to facts covered by the predicate offense.

The Satanic Temple v. Labrador

Court of Appeals for the Ninth Circuit · Aug 11, 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.

Malta-Espinoza v. Gonzales

Court of Appeals for the Ninth Circuit · Mar 1, 2007

Navidad-Marcos, 367 F.3d 903, 908 (9th Cir. 2004) (under modified categorical approach, the govern- ment must establish clearly and unequivocally that the convic- tion was based on all of the elements of a qualifying offense … The authority the majority cites, however, is clearly distinguishable. The major- ity relies on United States v.

Paul G. Shultz v. Department of Army, United States of America

10 F.3d 649 · Court of Appeals for the Ninth Circuit · Nov 30, 1993

Homesteading rights clearly are superior to later established RS 2477 claims. Territory validly withdrawn for other purposes also falls within the Dillingham rule. … schools’ reservation or Wiest’s homesteading rights. 17 *660 We do not suggest that every segment of the trail qualified for RS 2477 status, either because a homesteading claim clearly displaced that portion of the claimed

Billings v. United States

57 F.3d 797 · Court of Appeals for the Ninth Circuit · Jun 12, 1995

The government’s affidavits establish that during the period in question, Marilyn Quayle was a temporary government employee by virtue of her appointment to the Advisory Board of the Federal Emergency Management Agency (FEMA … any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities

Gai v. City of Selma

37 F.3d 1505 · Court of Appeals for the Ninth Circuit · Sep 19, 1994

As such, these defendants are entitled to absolute immunity from suit for damages under Sec. 1983. See, e.g., Anderson v. Boyd, 714 F.2d 906, 908-09 (9th Cir.1983). … Loudermill, 470 U.S. 532, 542-46 (1985). 5 Gai's claim that the Commission was "stacked" against him does not establish a violation of substantive due process, since the alleged acts were not " 'clearly arbitrary and unreasonable

Cross v. United Airlines

317 F. App'x 615 · Court of Appeals for the Ninth Circuit · Aug 29, 2008

Here, there is no factual dispute that Cross was admitted to the emergency department of Cedars-Sinai Hospital and that her admission qualified as a serious health condition that qualified for protected leave. … The applicable California regulations, however, clearly state that “[a]n employer shall not deny a CFRA leave, the need for which is an emergency or is otherwise unforeseeable, on the basis that the employee did not provide

Patrice Ann McGraw v. City of Huntington Beach Charles Thompson and Earl Robitaille

882 F.2d 384 · Court of Appeals for the Ninth Circuit · Aug 10, 1989

Having done so, she clearly attained the status of “permanent employee” within the meaning of H.B. Personnel Rule 4-29. … Indeed, they cannot make such an argument, at least with respect to employees who have passed one probationary period, have never sought or were qualified to be promoted.

Reed v. Runnels

143 F. App'x 799 · Court of Appeals for the Ninth Circuit · Aug 10, 2005

AEDPA permits relief only if the state court decision was “contrary to” or “involved an unreasonable application of’ clearly established law as determined by the Supreme Court. 28 U.S.C. § 2254 (d). … “To establish a Sixth Amendment violation, [a petitioner] must show ‘an actual conflict of interest adversely affected his lawyer’s performance.’ ” United States v.

Warmtex Enterprises v. Lynn Martin, Secretary of Labor

953 F.2d 1133 · Court of Appeals for the Ninth Circuit · Jan 10, 1992

Under well-established principles applied by the Seventh Circuit in this context, 4 they are therefore well within the Department’s authority to interpret and apply the statute. m Warmtex argues the Board relied solely 5 … able, willing, qualified and available to perform.

Amarel v. Connell

102 F.3d 1494 · Court of Appeals for the Ninth Circuit · Jan 15, 1997

An injury "will not qualify as 'antitrust injury' unless it is attributable to an anti-competitive aspect of the practice under scrutiny, since it is inimical to [the antitrust laws] to award damages for losses stemming from … Antitrust Immunity for Defendant Joseph Alioto 166 Plaintiffs challenge the district court's entry of judgment as a matter of law for defendant Joseph Alioto, which accorded him antitrust immunity on the ground that he was

Daniella Slater v. Shannon Deasey

Court of Appeals for the Ninth Circuit · Jun 20, 2019

violate clearly established law. … In Drummond, we clearly established that “squeezing the breath from a compliant, prone, and handcuffed individual . . . involves a degree of force that is greater than reasonable.”

United States v. Miguel Angel Arellano-Torres

303 F.3d 1173 · Court of Appeals for the Ninth Circuit · Sep 18, 2002

If NRS 453.336 “reaches both conduct that would [be punishable under the Controlled Substances Act] and conduct that would not,” we may examine “documentation or judicially noticeable facts that clearly establish that the … Unlike Arizona, which has clearly limited punishment of first-time drug possession offenders to probation, Nevada has not.

Van Duc Vo, A/K/A Vo Van Duc, Nguyen Tran Van and Trang Van Nguyen v. Michael L. Benov, Warden

447 F.3d 1235 · Court of Appeals for the Ninth Circuit · Jun 5, 2006

If the individual’s conduct does not meet these criteria, the individual does not qualify for the political offense exception. 5 Because the level of violence in Vietnam falls far short of that required to qualify as an uprising … Vo must meet all the criteria of the uprising prong in order to qualify for the political offense exception.

Tall v. Mukasey

517 F.3d 1115 · Court of Appeals for the Ninth Circuit · Feb 27, 2008

“To determine whether a conviction is for a crime involving moral turpitude, we apply the categorical and modified categorical approaches established by the Supreme Court.” Navarro-Lopez v. … “A crime having as an element the intent to defraud is clearly a crime involving moral turpitude.” Id. (internal quotation omitted).

Yates v. United States

225 F.2d 146 · Court of Appeals for the Ninth Circuit · Mar 17, 1955

Some instructions requested would give complete immunization to any speech, no matter if specifically uttered with the intent charged in this indictment. … Their acts and conduct in close control of schools and classes where party members and putative recruits were taught the tenets of violent overthrow were clearly established.

Boyd v. Bert bell/pete Rozelle

Court of Appeals for the Ninth Circuit · Jun 12, 2005

The NFL Plan is governed by the Employee Retirement Income Security Act (“ERISA”) and was established pursuant to collective bargaining agreements between the National Football League Players Association (“Players Association … Boyd therefore does not qualify for Football Degenerative T&P benefits.”3 Boyd subsequently filed this lawsuit.