Case law

United States of America, Ex Rel. Jason R. Madden v. General Dynamics Corporation, a Delaware Corporation

4 F.3d 827 · Court of Appeals for the Ninth Circuit · Sep 14, 1993

The court rejected General Dynamics’ argument that this broad interpretation essentially immunizes qui tam relators with respect to wrongful acts taken against innocent defendants. … Under § 3730(d)(4) a qui tam defendant must establish that the plaintiffs action was clearly frivolous, clearly vexatious or brought primarily for the purpose of harassment.

Clifton Terrell, Jr. v. C. Ducart

Court of Appeals for the Ninth Circuit · Jun 9, 2020

The district court properly granted summary judgment for defendant Abdullah on the basis of qualified immunity because it would not have been clear 2 … Callahan, 555 U.S. 223, 232 (2009) (“Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right.”); Foster v.

No. 99-56483

281 F.3d 913 · Court of Appeals for the Ninth Circuit · Feb 15, 2002

against Chief of Police Robert Luman in his individual and official capacities were dismissed at trial 3 Section 1983 provides that "any person" who under the color of law causes the deprivation of "any rights, privileges, or immunities … secured by the Constitution and laws, shall be liable to the party injured." 42 U.S.C. § 1983 4 This is true whether the officers are exonerated on the basis of qualified immunity, because they were merely negligent, or

Medley v. Runnels

Court of Appeals for the Ninth Circuit · Nov 1, 2007

Mon- tana, 442 U.S. 510 (1979), as clearly establishing this princi- ple. Maj. op. at 14379. … Gaudin, 515 U.S. 506 (1995), constitute clearly established precedent that makes the state court’s determination erroneous.

Federal Housing Administration v. Morris Plan Co. Of California

211 F.2d 756 · Court of Appeals for the Ninth Circuit · May 12, 1954

This finding is not clearly erroneous and therefore must be accepted by us as determinative of the question. … Thus, while the Owens loans fail to qualify as a Class-1 (a) loan because in excess of $2,-500, they fully qualify as a Class-1 (b) loan and appellee is entitled to recover for losses incurred thereon.

Michael Jon Bailey v. Diane Rae, Oregon State Board of Parole and Post Prison Supervision, Chairperson

339 F.3d 1107 · Court of Appeals for the Ninth Circuit · Aug 13, 2003

The state court’s application of clearly established Supreme Court precedent must be “objectively unreasonable,” not merely incorrect or erroneous. Id. Both clauses figure into our analysis here. … The state court’s denial of the Brady claim on materiality grounds was not merely in error, but was both “contrary to” and an “unreasonable application of’ clearly established Supreme Court precedent.

United States v. Robert Pleasant

704 F.3d 808 · Court of Appeals for the Ninth Circuit · Jan 2, 2013

Applying Justice Sotomayor’s test here, Pleasant’s sentence was clearly “based on” the crack-cocaine guidelines because: (1) the plea agreement expressly used § 2D1.1(c) to set the stipulated sentence; and (2) because that … As discussed above, Freeman established that, under § 3582(c)(2), a defendant’s sentence is “based on” whatever guidelines the parties have agreed to in a (C) agreement.

Oregonian Publishing Co. v. United States District Court for the District of Oregon

920 F.2d 1462 · Court of Appeals for the Ninth Circuit · Dec 6, 1990

Harper, 729 F.2d at 1222 . *1465 The Oregonian has established the presence of the first and second factors. … The Supreme Court has established a two-part test for determining whether a first amendment right of access extends to a particular kind of hearing.

Kim Jackson v. Chris Dutra

Court of Appeals for the Ninth Circuit · Feb 17, 2023

Therefore, all three Defendants were entitled to qualified immunity as to Jackson’s unlawful seizure and false arrest claims. We affirm the dismissal of those claims. … If Officers Dutra 3 and Dejesus used more force than necessary once Jackson had been subdued, then under clearly established Ninth Circuit caselaw, their use of force was excessive

Michael McGee AKA Mike McGee v. F. A. Brown

62 F.3d 1424 · Court of Appeals for the Ninth Circuit · Jul 28, 1995

in this case is whether, in light of clearly established law governing his conduct, Brown objectively could have believed that failing to separate McGee was lawful. … Thus, it was not clearly established that a prison guard violates a prisoner's Eighth Amendment rights when the guard makes a judgment call against protective housing after the prisoner relates rumors of a threat but identifies

George Borunda and Richard Borunda v. Michael Richmond and Richard Way, Police Officers, City of Salinas

885 F.2d 1384 · Court of Appeals for the Ninth Circuit · Sep 12, 1989

The fact that plaintiffs had been previously acquitted in the criminal case is far removed from establishing whether probable cause existed for their arrests. … On this issue, appellants also assert that they "should be cloaked with the same type of ‘prose-cutorial immunity’ as the Deputy District Attorney.”

United States v. Gabriel Gonzalez-Perez

534 F. App'x 583 · Court of Appeals for the Ninth Circuit · Jul 22, 2013

To be eligible for safety-valve relief, a defendant bears the burden to establish that he meets all five statutory qualifying criteria, including that “the defendant did not . . . possess a firearm . . . in connection … Under these circumstances, we simply cannot conclude that the district court’s decision that Gonzalez possessed a firearm “in connection with the offense” was clearly erroneous. See United States v.

John Doe v. San Diego Unified School Dist

22 F.4th 1099 · Court of Appeals for the Ninth Circuit · Jan 14, 2022

While Doe has developed natural immunity to COVID-19 from a prior infection, her religious beliefs forbid her from receiving any of the COVID-19 vaccines. … Third, if a regulation is not neutral and generally applicable, “the government has the burden to establish that the challenged [regulation] satisfies strict scrutiny.” Id.

Bilal Hussain v. Jeffrey Rosen

985 F.3d 634 · Court of Appeals for the Ninth Circuit · Jan 11, 2021

The other harms alleged do not qualify as persecution. … No country is immune from generalized violence. Every country, even our own, has been subjected to some instances of “generalized” violence.

Pauly v. U.S. Department of Agriculture

348 F.3d 1143 · Court of Appeals for the Ninth Circuit · Nov 13, 2003

The district court’s decision is clearly “not final in the strict sense of a decree that leaves nothing further to be addressed” by a court or administrative agency since the district court partially remanded to the USDA … It is a well-established rule that “anyone entering into an arrangement with the Government takes the risk of having accurately ascertained that he who purports to act for the Government stays within the bounds of his authority

General Investment Corporation v. United States

823 F.2d 337 · Court of Appeals for the Ninth Circuit · Jul 29, 1987

Trial testimony established that Duncan, as president of GIC, hired and discharged the workers. … The district court clearly erred by finding that GIC demonstrated that its miners were independent contractors.

Charles Starbuck v. City and County of San Francisco

556 F.2d 450 · Court of Appeals for the Ninth Circuit · Jun 28, 1977

Appellants could more clearly have stated the precise nature of their claim under the APA. … Nevertheless, appellants’ allegations are sufficient to remove the bar of sovereign immunity. 15 .

Jesus Gonzalez v. State of Arizona

677 F.3d 383 · Court of Appeals for the Ninth Circuit · Apr 17, 2012

Salt River, 109 F.3d at 591. *407 The district court did not clearly err in concluding that Gonzalez failed to establish that Proposition 200’s polling place provision, see Ariz.Rev.Stat. § 16-579, had a disparate impact … The state would provide a free photo identification to “qualified voters able to establish their residence and identity.” Id. at 186 , 128 S.Ct. 1610 .

Wendell Olk v. United States

536 F.2d 876 · Court of Appeals for the Ninth Circuit · Jul 14, 1976

is restricted to determining whether they are clearly erroneous. … Finding number 17, on the other hand, which establishes that tokes are given as the result of impulsive generosity or superstition on the part of the players is a finding of fact to which we are bound unless it is “clearly

Queets Band of Indians v. The State of Washington, Muckleshoot Indian Tribe v. The State of Washington

765 F.2d 1399 · Court of Appeals for the Ninth Circuit · Jul 17, 1985

The Queets withdrew from consideration their argument that they qualified for the nominal fee license available to local governments. See Wash.Rev.Stat. § 46.16.020. … Both tribes have enacted ordinances that on their face qualify for reciprocity under the state law but for the state’s exclusion of tribes as jurisdictions eligible for such treatment.