Case law
Opinions from 1658 to today.
10,000+ results
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Dawavendewa v. Salt River Project Agricultural Improvement & Power District
154 F.3d 1117 · Court of Appeals for the Ninth Circuit · Sep 14, 1998
To so read the provision would be to immunize two forms of discrimination not just one— discrimination on account of Indian status and discrimination on account of tribal membership. … Qualified semi-skilled and skilled labor shall be recruited and employed from among "local Navajos.”
Cited 6 timesPublishedDavid 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.
Cited 0 timesUnpublishedAhmanson Foundation v. United States
674 F.2d 761 · Court of Appeals for the Ninth Circuit · Oct 30, 1981
We therefore review it under the “clearly erroneous” standard. Fed.R.Civ.P. 52(a); Sutton v. … Such a conclusion would be contrary to Congress’s intent in establishing the charitable deduction.
Cited 71 timesPublishedB 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.
Cited 0 timesUnpublishedUnited States v. Michael Kaplan
836 F.3d 1199 · Court of Appeals for the Ninth Circuit · Sep 9, 2016
First, off- label use does not immunize a physician who uses adulterated products. … Second, the evidence clearly established, and Kaplan does not dispute, that after he and Taylor told the medical assistants to clean and reuse the guides the medical assistants did so.
Cited 56 timesPublished90 F.3d 333 · Court of Appeals for the Ninth Circuit · Jul 31, 1996
TROTT, Circuit Judge: 1 In this case we hold that, under the state action antitrust immunity doctrine, Emergency Medical Service (EMS) agencies in California may establish exclusive operating areas for Advanced Life Support … because of the state action immunity doctrine created in Parker v.
Cited 0 timesPublished236 F.2d 944 · Court of Appeals for the Ninth Circuit · Sep 18, 1956
Also, the ‘Special Conditions’ which constitute a part of your bid established a procedure for qualifying ‘or equal’ items, which had not been followed, thereby entitling the Government to cancel the contract for default … Our. product qualified under the ordnance stock number.”
Cited 42 timesPublishedJosiah Hunter v. City of Federal Way
Court of Appeals for the Ninth Circuit · Mar 11, 2020
A recent, chokehold-specific precedent confirms that Durell’s chokehold violated Hunter’s clearly established rights. Tuuamalemalo v. … Durell’s qualified immunity argument accordingly fails. 2.
Cited 0 timesUnpublishedCivil Beat Law Center v. Centers for Disease Control
929 F.3d 1079 · Court of Appeals for the Ninth Circuit · Jul 10, 2019
Concerning Exemption 3, the panel held as an initial matter that BPRA was a qualifying statute under Exemption 3. … The parties here agree, correctly, that BPRA is a qualifying statute under Exemption 3.
Cited 20 timesPublished577 F.3d 1069 · Court of Appeals for the Ninth Circuit · Aug 18, 2009
According to the district court, defense counsel should have sought immunity for the witnesses, and then proved, through their testimony, that the Finance Department did know about the scheme. … The SEC’s complaint against Canova clearly alleges that Canova did know that backdating was occurring. As a joint press release emphasized, the FBI, SEC, and U.S.
Cited 44 timesPublishedReed v. Town of Gilbert, Ariz.
587 F.3d 966 · Court of Appeals for the Ninth Circuit · Nov 20, 2009
For signs that are not prohibited, the Code imposes a general ban on displaying signs without a permit and establishes some generally applicable restrictions. § 4.402(A). … Menlo Park was clearly expressing a preference for certain types of signs by exempting them from the city’s general prohibition.
Reversed on other grounds by Reed v. Town of Gilbert, 135 S. Ct. 2218 (2015)Cited 20 timesPublishedUnited States v. Alejandro Burgos-Ortega
777 F.3d 1047 · Court of Appeals for the Ninth Circuit · Feb 5, 2015
We review de novo whether a prior conviction qualifies as a “drug trafficking offense” under U.S.S.G. § 2L1.2(b)(1)(A). Id. … The district court did not abuse its discretion by relying on clearly erroneous facts.
Cited 33 timesPublished845 F.2d 1513 · Court of Appeals for the Ninth Circuit · May 13, 1988
CONCLUSION 30 In sum, the public and the press have a qualified right of access to pretrial release proceedings and documents. … The district court's order failed the first two tests and was thus clearly erroneous as a matter of law.
Cited 0 timesPublishedK.C. v. Las Vegas Metropolitan Police Department
Court of Appeals for the Ninth Circuit · Jan 2, 2026
Still, the general principle set forth in Rocky Mountain does not establish that negligence claims cannot be based on a police officer’s intentional use of force. … immunity analysis.
Cited 0 timesPublishedAmir 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.
Cited 0 timesUnpublishedUnited States v. Thomas Cameron Kincade
379 F.3d 813 · Court of Appeals for the Ninth Circuit · Aug 18, 2004
At the same time, the DNA profile derived from the defendant’s blood sample establishes only a record of the defendant’s identity — otherwise personal information in which the qualified offender can claim no right of privacy … Both 18 U.S.C. § 2113 and 18 U.S.C. § 924 are qualifying federal offenses for DNA Act purposes.
Disagreed with by Nicholas v. Goord, 430 F.3d 652 (2005)Cited 195 timesPublished692 F.2d 629 · Court of Appeals for the Ninth Circuit · Nov 18, 1982
The district court applied the legal standard for judicial enforcement of an IRS summons established in United States v. … The district court’s finding that examination of the Church’s corporate minute books is necessary to make a determination of whether the Church still qualifies as a tax exempt religious organization was not clearly erroneous
Cited 7 timesPublishedBowie v. California Dept. of Corrections
99 F.3d 1145 · Court of Appeals for the Ninth Circuit · Oct 15, 1996
As Ballard's actions did not violate clearly established law, he is entitled to qualified immunity and the district court's grant of summary judgment on this issue was proper. Hudson v. … Ballard is also entitled to qualified immunity and summary judgment on this issue, since he did not violate a "well-established right".
Cited 0 timesUnpublishedUnited States v. Rodriguez-Lopez
15 F. App'x 535 · Court of Appeals for the Ninth Circuit · Aug 1, 2001
The Model Penal Code identifies eight different offenses that qualify as “theft.” See Model Penal Code, §§ 223.2-223.9. … Examining the statutory context reveals that Congress clearly imposed such a minimum loss amount when it intended to do so.
Cited 0 timesPublishedNational Labor Relations Board v. Chapa De Indian Health Program, Inc.
316 F.3d 995 · Court of Appeals for the Ninth Circuit · Jan 16, 2003
In these circumstances, applying the NLRA does not clearly appear to touch on purely intramural matters that affect the right to self-governance. … Kiowa Tribe involved the question of sovereign immunity, which is different from whether a statute applies. We conclude that jurisdiction is not plainly lacking.
Cited 1 timesPublished
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