Case law

Steven McClam, II v. Franz Verhelst

Court of Appeals for the Ninth Circuit · Apr 7, 2022

s clearly established constitutional rights. … to qualified immunity.

Humberto Alvarez-Machain v. United States of America Hector Berellez Bill Waters Pete Gruden Jack Lawn Antonio Garate-Bustamante Francisco Sosa, and Five Unnamed Mexican Nationals Currently in the Federal Witness Protection Program, Humberto Alvarez-Machain v. Francisco Sosa, and Five Unnamed Mexican Nationals Currently in the Federal Witness Protection Program

331 F.3d 604 · Court of Appeals for the Ninth Circuit · Jun 3, 2003

We begin with a well-established canon of construction. … The powers of customs officials on the high seas have likewise been clearly articulated.

Rachel Benjamin v. Stevens County

Court of Appeals for the Ninth Circuit · Dec 16, 2020

In light of our precedent, we affirm the district court’s grant of summary judgment for Walsh and Border on the ground of qualified immunity. … To overcome a defense of qualified immunity, Benjamin must show that she “suffered a deprivation of a constitutional or statutory right,” and that the “right was clearly established at the time of the alleged misconduct

United States v. Phoday Phattey

943 F.3d 1277 · Court of Appeals for the Ninth Circuit · Dec 5, 2019

PHATTEY later presented matching fingerprints from the asylum applications of Foday Fatty and Phoday Phattey to establish that the two are the same person. … Under the principles set out in Kokesh, revocation of citizenship does not qualify as a “penalty.”

Maynard v. City of San Jose

37 F.3d 1396 · Court of Appeals for the Ninth Circuit · Oct 13, 1994

Reversal is appropriate only if the court based its decision “on an error of law or clearly erroneous findings of fact.” United States v. … Having done so, we.need not address the defendants’ argument that they were entitled to qualified immunity on Maynard’s federal claims. V.

Edwards v. Heckler

789 F.2d 659 · Court of Appeals for the Ninth Circuit · Sep 13, 1985

The Secretary appeals the judgment establishing the new standard and the parties cross-appeal the attorney's fee award. … Whether the unconstitutionality of section 411(a)(5)(A) was “clearly foreshadowed” prior to Frontiero is but one factor.

Garamendi v. Allstate Insurance

47 F.3d 350 · Court of Appeals for the Ninth Circuit · Feb 2, 1995

Describing the exception to finality rule as established in Cohen v. … Because the district court’s order of remand in this ease qualifies as a final collateral order, we will treat Allstate’s request for review as an appeal.

Greenhorn Farms v. Espy

39 F.3d 963 · Court of Appeals for the Ninth Circuit · Nov 2, 1994

This provision authorizes the Secretary to establish "de minimis yields" below which a crop loss is to be treated as total. … Greenhorn points out that, to qualify for disaster payments based on reduced quality under section 205, a farmer must also qualify for disaster payments based on reduced quantity. See Pub.L. No. 100-387, Sec. 205 (b).

Price v. Akaka

928 F.2d 824 · Court of Appeals for the Ninth Circuit · Mar 21, 1991

Clearly, under Sec. 1983, a plaintiff may sue a state officer in his individual capacity for alleged wrongs committed by the officer in his official capacity. … The defendants therefore do not share the state's immunity from this suit

Phillips v. Henry

130 F. App'x 160 · Court of Appeals for the Ninth Circuit · May 4, 2005

Because we hold, under AEDPA’s standard, that the state court’s decision was not an unreasonable interpretation of clearly established federal law, we affirm. 28 U.S.C. § 2254 (d); see also Williams v. … AEDPA authorizes habeas corpus relief only where a state court decision either resulted in a decision that was “contrary to, or involved an unreasonable application of, clearly established” Supreme Court law. 28 U.S.C. §

Sebulsky v. City of Riverside

46 F.3d 1145 · Court of Appeals for the Ninth Circuit · Feb 3, 1995

Officer Blevins is also entitled to qualified immunity. … evading arrest for over an hour by hiding under bushes violated a clearly established right.

96 Cal. Daily Op. Serv. 9285, 96 Daily Journal D.A.R. 15,301 Jeff D. Paige, Individually and on Behalf of Others Similarly Situated v. State of California, California Highway Patrol, Business, Transportation & Housing Agency, of the State of Ca Dwight Helmick, Commissioner of the Highway Patrol Edward Gomez

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

immunity, in the interests of "judicial economy." 514 U.S. at ----, 115 S.Ct. at 1208 . … This measure established the pool of qualified non-white law enforcement officers in the state 4 Other claims, including the disparate treatment claim, remain to be decided in the district court 5 In Shee Atika, we noted

Smith v. Central Arizona Water Conservation District

418 F.3d 1028 · Court of Appeals for the Ninth Circuit · Aug 10, 2005

[7] We held that the irrigators would not be entitled to enforce the contract unless they could qualify as third-party beneficiaries. Id. at 1210. … WATER CONSERV’N ment had therefore not waived its immunity from suit, and the district court lacked jurisdiction.

Severino Abela v. Ernest Gustafson

888 F.2d 1258 · Court of Appeals for the Ninth Circuit · Nov 6, 1989

into acquiescing to adverse Government action, rather than vindicating their rights, simply by threatening them with costly litigation, Congress enacted the EAJA, waiving the United States’ sovereign and general statutory immunity … It argued only that the evidence of many of the petitioners was insufficient to establish qualifying military service within the terms of section 701.

Pena v. Bjorndal

177 F. App'x 666 · Court of Appeals for the Ninth Circuit · Apr 19, 2006

Where a plaintiff establishes a prima facie claim of retaliation, as here, then the burden shifts to the defendant to demonstrate that “[the employer] would have reached the same decision even in the absence of the [employee … Although Bjorndal raises the question, the district court did not address whether Bjorndal was entitled to qualified immunity.

United States v. Pemba Rita Sherpa, Cross-Appellee

110 F.3d 656 · Court of Appeals for the Ninth Circuit · Mar 5, 1997

The only issue to be decided here is whether the district court clearly erred in determining that Sherpa qualified for relief under the provisions of subsection (5) of MMSRA, 18 U.S.C. § 3553 (f), also known as the “safety … To require a defendant to parrot an established fact exalts form over substance.

Amir Shabazz v. Felix Igbinosa

Court of Appeals for the Ninth Circuit · Jun 13, 2019

We review de novo the district court’s ruling on qualified immunity. George v. Edholm, 752 F.3d 1206, 1214 (9th Cir. 2014). We vacate and remand. … Youseff, 914 F.3d 1218, 1229 (9th Cir. 2019), concluded that a prisoner’s “right to be free from heightened exposure to Valley Fever spores” was not clearly established.

Contract Management, Inc. v. Rumsfeld

434 F.3d 1145 · Court of Appeals for the Ninth Circuit · Jan 10, 2006

that not less than 2 qualified HUBZone small business  CONTRACT MANAGEMENT v. … The statutory lan- guage for the HUBZone Program clearly states that a “contract opportunity shall be awarded” when “the contract- ing officer has a reasonable expectation that not less than 2 qualified HUBZone small business

Church of Scientology v. United States Postal Service

593 F.2d 902 · Court of Appeals for the Ninth Circuit · Mar 26, 1979

The legislative history to the amendment clearly evinces Congress’ intention to overrule the Supreme Court’s expansive interpretation given to the original version of Exemption 3 in Administrator, FAA v. … The consideration of deference leads us to believe that the District Court should be allowed the first opportunity to consider whether 39 U.S.C. § 410 (c)(6) qualifies as an exempting statute within the meaning of 5 U.S.C

Daniel Humberto Chavez-Perez v. John Ashcroft, Attorney General

386 F.3d 1284 · Court of Appeals for the Ninth Circuit · Oct 27, 2004

INS, 36 F.3d 801, 811-12 (9th Cir.1994) (establishing the corollary rule that persons found guilty under state law who would not have qualified under the FFOA were not entitled to receive favorable immigration treatment, … even if they did qualify for expungement under state law).