Case law

Lesile Andrew Hanlon v. Samuel A. Lewis

92 F.3d 1192 · Court of Appeals for the Ninth Circuit · Jul 23, 1996

Hanlon was not released until his sentence expired on April 29, 1993. 10 Defendant Lewis is entitled to qualified immunity in a suit for civil damages insofar as his conduct did not "violate clearly established statutory … Lewis is only able to muster two cases to support his contention that Hanlon's rights were not clearly established. 21 In arguing for qualified immunity, Lewis argues that because the court's decision in Flemming to limit

Fields v. Legacy Health System

413 F.3d 943 · Court of Appeals for the Ninth Circuit · Jun 21, 2005

The actions here appealed fall under Oregon’s wrongful death statute, section 30.020, which is clearly not within the statutory ranges listed in section 12.160. … Applying this standard, the Sealey court held that the classes alleged by the plaintiff were improper because they were “clearly classes ‘created by the challenged law itself.’ ” Id.

Arthur Martinez v. Signature Seafoods Inc Lucky Buck F/v, Official 567411, Her MacHinery Appurtenances, Equipment and Cargo, in Rem

303 F.3d 1132 · Court of Appeals for the Ninth Circuit · Sep 11, 2002

As an alternative to their reliance on Kathriner , defendants urge us to adopt a test established by the Fifth Circuit to determine whether a work platform qualifies as a vessel in navigation. See Bernard v. … However, the test for whether an employee qualifies as a seaman under the Jones Act clearly separates the status of a vessel from the employee’s relationship to it. See Chandris, 515 U.S. at 368 , 115 S.Ct. 2172 .

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.

Roberto Antonio Aguilera-Cota v. U.S. Immigration and Naturalization Service

914 F.2d 1375 · Court of Appeals for the Ninth Circuit · Sep 21, 1990

Clearly, Aguilera did not lie or misrepresent the facts on his asylum application. … We have reviewed the record in full, and there is no evidence which suggests that Aguilera does not qualify for refugee status.

Direct Technologies, LLC v. Electronic Arts, Inc.

836 F.3d 1059 · Court of Appeals for the Ninth Circuit · Sep 6, 2016

We have established a two-step inquiry for determining whether a derivative work is original enough to receive copyright protection. … The district court did not clearly err or abuse its discretion in drawing these conclusions.

Harold E. Smith v. City of Los Angeles Harold Moberly Kerell Broussard

96 F.3d 1451 · Court of Appeals for the Ninth Circuit · Sep 4, 1996

conduct violates clearly established statutory or constitutional rights of which a reasonable person would have known. … The district court found that Broussard and Moberly were entitled to qualified immunity because: 1) there was no clearly established law prohibiting the use of police dogs to seize concealed suspects; and 2) the defendants

Kenneth YEE, Plaintiff-Appellee, v. DEPARTMENT OF ENVIRONMENTAL SERVICES, MULTNOMAH COUNTY, Defendant-Appellee

826 F.2d 877 · Court of Appeals for the Ninth Circuit · Sep 1, 1987

He demonstrated (1) that he is within a protected group; (2) that he applied for and was qualified for the position for which the employer sought applicants; (3) that despite his qualifications he was rejected; and (4) that … When the plaintiff successfully establishes a prima facie case the burden of production shifts to the defendant employer to articulate a legitimate nondiscriminatory reason for rejecting the plaintiff.

Coeur D'Alene Tribe v. Hammond

384 F.3d 674 · Court of Appeals for the Ninth Circuit · Aug 19, 2004

authorized abrogation of the Indian tribes’ sovereign immunity. … Accord Sullivan, 916 F.2d at 545 (noting “the well-established rule that nonmutual offensive collateral estoppel cannot be asserted against the government.”).

Cardenas v. Anzai

311 F.3d 929 · Court of Appeals for the Ninth Circuit · Nov 18, 2002

barred by sovereign immunity under the Eleventh Amendment. … As explained by the Fourth Circuit, "[t]his provision permits a state to use `amounts recovered or paid ... for any expenditure', and does not qualify the term `amounts.'

Frazee v. United States Forest Service

97 F.3d 367 · Court of Appeals for the Ninth Circuit · Oct 2, 1996

Through a Solicitation for Offers dated November 16, 1993 (“Solicitation”), the Forest Service sought proposals for qualified applicants to operate the Cascade Lakes Complex of recreational campgrounds and day-use areas in … The court then established a separate test to be applied to information voluntarily submitted to the government.

Joseph E. Sharpe, Jr., an Individual v. American Telephone & Telegraph Company, a New York Corporation

66 F.3d 1045 · Court of Appeals for the Ninth Circuit · Sep 21, 1995

Sharpe does not deny that he was less, qualified than those hired for those jobs. … AT & T had no duty to displace other more qualified employees in order to accommodate Sharpe. See Dean, 708 P.2d at 397.

Beckman v. Dillard

2 F.3d 1156 · Court of Appeals for the Ninth Circuit · Aug 12, 1993

We review a district court's denial of qualified immunity de novo. Act Up!/Portland v. Bagley, 988 F.2d 868, 871 (9th Cir.1993). … We reverse. 2 In order to defeat Dillard and Dibble's assertion of qualified immunity, Beckman must show that the "fact-specific constitutional right allegedly violated was clearly established at the time of the incident.

Mendez-Castro v. Mukasey

552 F.3d 975 · Court of Appeals for the Ninth Circuit · Jan 12, 2009

The petitioners’ first claim is therefore clearly colorable and we have jurisdiction to address it, so long as it satisfies the general requirement that a claim on appeal not be frivolous. … In any event, because our precedent clearly establishes that the “exceptional and extremely unusual hardship” standard is subjective, see, e.g., Martinez-Rosas, 424 F.3d at 930 , we need not resolve such potential conflict

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.

Ashby v. City of Juneau

174 F. 737 · Court of Appeals for the Ninth Circuit · Jan 3, 1910

We think that the words “roads, streets and alleys” are used independently as within the public uses defined by the statute, and relate to properties clearly made the subjects of condemnation without further legislation of … The words “which may be authorized by Congress or other legislative authority of the district” qualify and limit the words “and all other public uses for the benefit,” etc., but do not relate to roads, streets, and alleys

United States v. Flennory

23 F. App'x 702 · Court of Appeals for the Ninth Circuit · Nov 15, 2001

district court’s determination that Flennory’s 1988 conviction is a predicate conviction pursuant to U.S .S.G. § 4B1.1 was not plain error because the language of California Penal Code § 211 (“Robbery”) and § 664 (“Attempts”) clearly … establishes that Flennory’s conduct constituted a crime of violence.

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.

Hayes v. County of San Diego

638 F.3d 688 · Court of Appeals for the Ninth Circuit · Mar 22, 2011

Because it is unclear on the present record whether Appellant has standing to assert survival claims based on her father’s constitutional rights, we do not address the district court’s further finding of qualified immunity … Accordingly, the present evidence does not clearly establish that Hayes was threatening the deputies with the knife. Finally, it is significant that Hayes was given no warning before the deputies shot him.

Fed. Sec. L. Rep. P 96,516 United States of America v. David M. Carman

577 F.2d 556 · Court of Appeals for the Ninth Circuit · Jun 23, 1978

Even though the government did grant immunity to two of its own witnesses, Carman cannot claim that the refusal to grant immunity to Hoffe prejudiced his trial when he failed to call Hoffe to the stand to establish any need … Having failed to first establish a need for immunity, Carman's charge that the denial of immunity resulted in a suppression of evidence is not substantiated.