Case law

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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 timesPublished
  • 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.

    Cited 0 timesUnpublished
  • Ahmanson 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 timesPublished
  • 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.

    Cited 0 timesUnpublished
  • United 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 timesPublished
  • A-1 Ambulance Service, Inc., a California Corporation v. County of Monterey, A-1 Ambulance Service, Inc., a California Corporation v. County of Monterey City of Salinas, and the Monterey County Emergency Medical Service Agency Robert Melton, M.D. Kim Donnelly Albert Maldonado Peninsula Paramedics, a California Corporation Brian Sinnott

    90 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 timesPublished
  • United States v. National Wholesalers, a Corporation M-D Parts Manufacturing Company, National Parts Company and Henry Mezori

    236 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 timesPublished
  • Josiah 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 timesUnpublished
  • Civil 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 timesPublished
  • United States v. Reyes

    577 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 timesPublished
  • Reed 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 timesPublished
  • United 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 timesPublished
  • Seattle Times Company v. United States District Court for the Western District of Washington, United States of America and Stella Nickell, Real Parties in Interest. Hearst Corporation v. United States District Court for the Western District of Washington, United States of America and Stella Nickell, Real Parties in Interest

    845 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 timesPublished
  • K.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 timesPublished
  • 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.

    Cited 0 timesUnpublished
  • United 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 timesPublished
  • United States v. Coates

    692 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 timesPublished
  • Bowie 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 timesUnpublished
  • United 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 timesPublished
  • National 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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