Case law

98 Cal. Daily Op. Serv. 7387, 98 Daily Journal D.A.R. 10,270, 98 Daily Journal D.A.R. 11,957 Lucille Moreland, Demarrion Quintrell Jett and Dominisha Lanae Jett, Two Minor Children, by and Through Annette Lavon Jett, as Their Natural Mother and General Guardian v. Las Vegas Metropolitan Police Department Officer James G. Burns Officer Jack W. Pope

159 F.3d 365 · Court of Appeals for the Ninth Circuit · Nov 24, 1998

Absent supporting evidence, allegations such as these are insufficient to carry a plaintiff's burden on summary judgment of identifying sufficient evidence to establish a genuine issue of material fact on a challenged element … (emphasis added). 4 We do not reach the qualified immunity question on which the district court based its decision because "the better approach to resolving cases in which the defense of qualified immunity is raised is to

Lee Edward Warren v. Douglas Guelker

29 F.3d 1386 · Court of Appeals for the Ninth Circuit · Jul 14, 1994

under the circumstances,— si: ‡ (2) the claims, defenses, and other legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment … The First Circuit has explained that IFP status “does not completely immunize an indigent litigant from eventual liability for costs....

Romero v. City of Douglas, Az.

120 F.3d 269 · Court of Appeals for the Ninth Circuit · Jul 24, 1997

We apply a two-part analysis when determining whether law-enforcement officers are entitled to qualified immunity: "(1) Was the law governing the officer's conduct clearly established?" … Thus, the officers were reasonable in concluding that their conduct would not violate any clearly established law.

Zachary Silbersher v. Valeant Pharmaceuticals Int'l

89 F.4th 1154 · Court of Appeals for the Ninth Circuit · Aug 3, 2023

It is clearly “Federal”: the PTAB is an adjudicatory body of the PTO, an agency within the U.S. Department of Commerce. See 35 U.S.C. § 6(a); Allergan, 46 F.4th at 998. … See 35 U.S.C. § 311(a)–(b) (establishing grounds and scope of IPR proceeding); id. § 313 (describing patent owner’s right to respond); id. § 314 (defining basis for instituting IPR); id. § 316(a)(5) (establishing parties’

Moreno-Mornate v. Gonzales

Court of Appeals for the Ninth Circuit · Jun 20, 2007

The BIA adopted and affirmed the IJ’s decision regarding “[Moreno’s] failure to establish a qualifying relative for cancellation of removal” and specifically rejected his request for a remand to the IJ to allow Moreno “to … Our immigration law and policy clearly provide that an alien parent may not derive immigration benefits through his or her child who is a United States citizen.

Rendon v. Mukasey

516 F.3d 1087 · Court of Appeals for the Ninth Circuit · Feb 15, 2008

We conclude that it does and therefore it qualifies as an aggravated felony under the immigration laws. I. … Furthermore, the IJ's order very clearly identifies the Utah conviction as the basis for removal.

Wolff v. A.C. Newland

67 F. App'x 398 · Court of Appeals for the Ninth Circuit · May 23, 2003

Knowles, 309 F.3d 1200, 1202 (9th Cir.2002) (habeas relief not warranted unless due process violation clearly established by the Supreme Court). … The decision of the California court in Wolffs case was thus not *400 contrary to clearly established Supreme Court precedent. AFFIRMED.

Confederated Tribes & Bands of the Yakama Indian Nation v. Gregoire

658 F.3d 1078 · Court of Appeals for the Ninth Circuit · Sep 23, 2011

We therefore hold that the provisions of the current Act are not materially different from those upheld in Colville , and that they do not contravene established principles of Indian tax immunity. … A ‘qualified Indian retailer' is one who is subject to the terms of a valid cigarette tax contract with the state pursuant to RCW § 43.06.455.

Quintero-Salazar v. Keisler

Court of Appeals for the Ninth Circuit · Oct 9, 2007

Under the modified categorical approach we examine “ ‘documentation or judicially noticeable facts that clearly establish that the conviction is a predicate convic- tion’ ” for removal purposes. Id. … “As we have noted repeatedly, the government has the burden to establish clearly and unequivocally the conviction was based on all of the elements of a qualifying predicate ineligible on account of having committed an aggravated

Jennifer Lopez v. State of California

Court of Appeals for the Ninth Circuit · Oct 20, 2023

The district court also correctly concluded that Los Angeles County, sued as the Los Angeles County District Attorney and County of Los Angeles Sheriff’s Department, is entitled to prosecutorial immunity and qualified immunity … To determine whether a defendant is entitled to qualified immunity, we apply a two-step test: (1) did “the officer’s conduct violate[] a constitutional right,” and (2) was “the right in question . . . clearly established

Enrique Montijo v. Unknown Swaney

Court of Appeals for the Ninth Circuit · Oct 30, 2018

Viewing the evidence in Plaintiff’s favor, Defendants violated clearly established law. Hamby, 821 F.3d at 1090–91. … COURT OF APPEALS I respectfully dissent in this case with regard to the question of qualified immunity.

Cyrus Csutoras v. Paradise High School

12 F.4th 960 · Court of Appeals for the Ninth Circuit · Sep 7, 2021

The Letters themselves cannot satisfy Csutoras’s obligation to demonstrate that the school had actual knowledge of prior harassment, which the school met with a clearly unreasonable response. … To establish a claim under the ADA or Rehabilitation Act, Csutoras “must show: (1) [he] is a qualified individual with a disability; (2) [he] was denied a reasonable accommodation that he needs in order to enjoy meaningful

Estate of Colton Peterson v. David Krueger

685 F. App'x 631 · Court of Appeals for the Ninth Circuit · Mar 30, 2017

We reverse the district court’s decision denying qualified immunity and hold that Krueger is entitled to qualified immunity because the law was not clearly established at the time of the violation. 1. … immunity was warranted because the law was not clearly established at the time of the alleged conduct.

Health Freedom Defense Fund, Inc. v. Alberto Carvalho

Court of Appeals for the Ninth Circuit · Jul 30, 2025

839–42 (9th Cir. 1997) (holding that a request for reinstatement of employment is a request for prospective injunctive relief that complaint] . . . was declaratory and injunctive relief,” and such relief had become “clearly … CARVALHO 27 to vaccination requirements regardless of whether such vaccines actually provide immunity and prevent the spread of disease or whether they provide no immunity and merely render COVID-19 less

Oase v. City of Tucson, Arizona

103 F.3d 140 · Court of Appeals for the Ninth Circuit · Dec 6, 1996

. § 1291 . 1 We review de novo the district court's summary judgment and grant of qualified immunity, see Hervey v. … This contention has merit. 6 Public officials sued under section 1983 are entitled to qualified immunity if: (1) the law governing the official's conduct was not clearly established at the time of the alleged violation, or

Bates v. UPS

Court of Appeals for the Ninth Circuit · Dec 27, 2007

The court further con- cluded that Bates did not have the burden to establish at that stage that any plaintiffs were “qualified” in the sense that they were capable of driving safely. … The statute does not require that a person meet each of an employer’s established “qualification standards,” however, to show that he is “qualified.”

Acar v. Commissioner of Internal Revenue Service

545 F.3d 727 · Court of Appeals for the Ninth Circuit · Sep 23, 2008

. § 7805, 2 provides for extensions of time for making elections, such as a section 475(f) election, that do not qualify for an automatic time extension. See Treas. Reg. §§ 301.9100-1 , 9100-3. … We also agree with the district court that Acar does not qualify for a time extension under Treasury Regulation § 301.9100-3.

Antonio R. Durando Naomiann N. Durando v. United States

70 F.3d 548 · Court of Appeals for the Ninth Circuit · Nov 16, 1995

A taxpayer may deduct from his reported income certain contributions to a qualified retirement plan. … Self-employment income, as defined in section 1402(b), simply establishes minimum levels of net earnings that can be taxed.

Kahawaiolaa v. Norton

386 F.3d 1271 · Court of Appeals for the Ninth Circuit · Oct 27, 2004

commitment of the issue to a coordinate political department; or a lack of judicially discoverable and manageable standards for resolving it; or the impossibility of deciding without an initial policy determination of a kind clearly … Mancari, the Supreme Court explained that employment preferences for certain qualified Indians in the Bureau of Indian Affairs, did not constitute "racial discrimination," or even a "racial" preference. 417 U.S. 535, 553-

Drinkwine v. Federated Publications, Inc.

780 F.2d 735 · Court of Appeals for the Ninth Circuit · Oct 22, 1985

The evidence clearly shows that he never qualified for it. It also shows that the seven-day lead time was an established Statesman policy in October 1977. … Tying To qualify for the per se analysis against tying, Drinkwine must establish that Statesman is selling two separate products and using its market power in one *741 to force purchase of another.