Case law

David Florence v. S. Frauenheim

Court of Appeals for the Ninth Circuit · Jul 22, 2020

The district court properly granted summary judgment on Florence’s First Amendment claims on the basis of qualified immunity because it would not have been clear to every reasonable prison official that confiscating CDs … Callahan, 555 U.S. 223, 232 (2009) (“Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right.”); Foster v.

Sonya Renee v. Arne Duncan

686 F.3d 1002 · Court of Appeals for the Ninth Circuit · May 10, 2012

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.” … We concluded that Appellants established injury in fact.

Joseph Ryan v. Robert Fabela

Court of Appeals for the Ninth Circuit · Mar 26, 2019

“[Q]ualified immunity shields public officials from liability insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Biggs v. … violated a constitutional right; and (2) whether that right was clearly established ‘in light of the specific context of the case.’”

Van Pelz v. Banks

355 F. App'x 104 · Court of Appeals for the Ninth Circuit · Sep 17, 2009

If no holding of the Supreme Court has addressed the issue, the state court’s decision could not have been contrary to, or an unreasonable application of, clearly established federal law. See Carey v. … Eberhardt, 169 Cal.App.3d 292 , 215 Cal.Rptr. 161 (1985), which held that a co-conspirator’s prosecutorial immunity (as a Native American) did not alleviate the other conspirator’s responsibility for his own acts in furtherance

United States v. Reyna-Moran

202 F. App'x 967 · Court of Appeals for the Ninth Circuit · Oct 23, 2006

United States, 495 U.S. 575, 602 , 110 S.Ct. 2143 , 109 L.Ed.2d 607 (1990) to determine whether Reyna-Moran’s conviction qualifies for the enhancement. … Navidad-Marcos, 367 F.3d 903, 908 (9th Cir.2004) (noting that the government has the burden to establish clearly and unequivocally that a prior conviction was based on all the elements of a qualifying predicate offense);

United States v. Coy Ray Phelps

955 F.2d 1258 · Court of Appeals for the Ninth Circuit · Feb 4, 1992

Through the district court’s grant of immunity, the court is afforded a keener look into Phelps’ present mental condition. … Based on all the evidence, it cannot be said that the district court’s findings of fact and denial of release were clearly erroneous. B.

B Legal, Inc. v. Angela Torres

Court of Appeals for the Ninth Circuit · Oct 15, 2020

The district court properly determined that Officer Torres was entitled to qualified immunity because it was not clearly established that Officer Torres’ conduct violated B Legal’s First Amendment rights. See S.B. v. … that Officer Torres was entitled to qualified immunity. 3.

43 Fair empl.prac.cas. 483, 42 Empl. Prac. Dec. P 36,917 Thanh Lucia Rathgeb v. Air Cal, Inc., a California Corp., Transport Worker Union of America Local 505

812 F.2d 567 · Court of Appeals for the Ninth Circuit · Mar 12, 1987

respective classifications," even if the employees did not meet the qualifications established by the CBA for a particular skill area. 4 Rathgeb was hired by Air Cal as a seamstress in October 1977. … The district court's conclusion to the contrary is clearly erroneous. 15 The district court's ultimate conclusion that Rathgeb had failed to bear her burden of proving discrimination was clearly based on its mistaken conclusion

Eminence Investors, L.L.L.P. v. Bank of New York Mellon

782 F.3d 504 · Court of Appeals for the Ninth Circuit · Apr 2, 2015

from removal under CAFA and those that were not [in Cardarelli] is that immune suits sought to enforce the rights of the securities ‘holders as holders’”). … In this case, Eminence is clearly asserting its rights as a holder of the Bonds rather than as a purchaser of the Bonds.

Amarel v. Connell

102 F.3d 1494 · Court of Appeals for the Ninth Circuit · Dec 2, 1996

Antitrust Immunity for Defendant Joseph Alioto 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 defendants … We outlined the test for determining whether a lawyer is entitled to antitrust immunity in Pinhas v.

Alexander Hebrard v. Jeremy Nofziger

90 F.4th 1000 · Court of Appeals for the Ninth Circuit · Jan 11, 2024

Nofziger raised qualified immunity and the PLRA’s exhaustion requirement as affirmative defenses. … On June 28, 2021, Nofziger moved for summary judgment contending that he had not violated Hebrard’s due process rights and that he was entitled to qualified immunity.

Qualls v. Blue Cross Of California

22 F.3d 839 · Court of Appeals for the Ninth Circuit · Apr 26, 1994

But the Blue Cross agreement clearly falls within the bare requirements for an ERISA plan provided by Halifax. … In the declaration, the attorney alleged that she needed additional discovery in order "to establish beyond question that the group health insurance policy purchased for Saddleback and its employees was not a 'qualified retirement

Tokio Marine & Fire Insurance Company, Ltd. v. Retla Steamship Company

426 F.2d 1372 · Court of Appeals for the Ninth Circuit · May 20, 1970

This rule was clearly established in Nichols & Co. v. Steamship Isla de Panay, supra. In that case, olives packed in wooden containers were loaded on board ship in Spain. … The qualifying provision in Canadian and Dominion was stamped or endorsed on the margin of the bill of lading. Here the qualifying provision was a part of the bill itself.

L.J. ex rel. Hudson v. Pittsburg Unified School District

850 F.3d 996 · Court of Appeals for the Ninth Circuit · Sep 1, 2016

The IEP team agreed with the psychologist that L.J. had no qualifying disabilities. … In sum, the School District clearly violated important procedural safeguards set forth in the IDEA.

Lowenschuss v. Selnick (In re Lowenschuss)

171 F.3d 673 · Court of Appeals for the Ninth Circuit · Mar 17, 1999

In addition, even if the Pension Plan Trustee could establish the same parties requirement, res judicata would not help the Pension Plan Trustee’s cause. … However, after reviewing the record, we find that the district court did not clearly err because neither of Debtor’s sons could have qualified as an employee-participant in the Pension Plan on the petition date.

Shannon Kanda v. Wayne Longo

484 F. App'x 103 · Court of Appeals for the Ninth Circuit · May 25, 2012

The district court held that the officers were entitled to qualified immunity because, although a reasonable jury could find that the force used against Kanda was excessive, the officers did not violate clearly established … We also hold that, if the level of force used was excessive, the officers violated a clearly established constitutional right. See Mattos, 661 F.3d at 442.

Anthony Chernetsky v. State of Nevada

389 F. App'x 709 · Court of Appeals for the Ninth Circuit · Jul 29, 2010

The district court properly determined that the named individual defendants were entitled to qualified immunity because Chernetsky failed to demonstrate that his rights to relief under RLUIPA were clearly established between … McKee, 290F.3d 965, 969 (9th Cir. 2002) (stating that the plaintiff bears the burden of showing that the right is clearly established).

Carbonell v. Immigration & Naturalization Service

429 F.3d 894 · Court of Appeals for the Ninth Circuit · Nov 17, 2005

INS lawsuit “lacks the necessary judicial imprimatur” for a plain- tiff to qualify as a prevailing party. … Its authority to do so clearly establishes a ‘judicially sanctioned change in the legal relationship of the parties,’ as required by Buckhannon, because the plaintiff thereafter may return to court to have the settlement

Rodney Beeler v. Ron Broomfield

Court of Appeals for the Ninth Circuit · Jan 23, 2026

Beeler points to several cases, but none shows that the California Supreme Court unreasonably applied clearly established federal law. Wright v. … That alone would be enough to defeat a claim that their application to state-court proceedings is ‘clearly established.’”). We thus affirm the district court’s denial of Beeler’s jury coercion claim. 7 D.

Barbara Davis v. Wsdshs

Court of Appeals for the Ninth Circuit · Feb 26, 2020

violated a constitutional right and (2) if so, whether the right was clearly established, such that a reasonable official would understand that his conduct violated that right.” … Thus, Oase is entitled to qualified immunity.1 AFFIRMED.2 1 Because we determine there was no objectively substantial risk of harm, we need not decide WSDSHS’s contentions about the scope of the clearly