Case law

Lionel Bogle v. Merrick Garland

21 F.4th 637 · Court of Appeals for the Ninth Circuit · Dec 29, 2021

We further conclude that the circumstances specific to this case clearly establish that the amount of marijuana in Bogle’s possession exceeded thirty grams. 8 BOGLE V. … The circumstances specific to this case clearly establish that Bogle knowingly possessed more than thirty grams of marijuana.

Witt v. United States

681 F.2d 1144 · Court of Appeals for the Ninth Circuit · Jul 20, 1982

. § 345 to establish rights to allotments. 2 In Witt’s district court action, it was undisputed that he could not qualify for an eligibility certificate. … Although not clearly elucidated by the parties, an issue in this appeal is whether the Dawes Commission enrollments also limit eligibility for the allotments of public land sought by Witt and Jarman.

Douglas Clark v. Ron Broomfield

83 F.4th 1141 · Court of Appeals for the Ninth Circuit · Oct 10, 2023

BROOMFIELD 3 contrary to, or an unreasonable application of, clearly established federal law, as determined by the United States Supreme Court. … An unreasonable application of clearly established federal law must be “objectively unreasonable, not merely wrong; even clear error will not suffice.” White v.

Tag Althof v. John Hinlan

Court of Appeals for the Ninth Circuit · May 28, 2014

The Defendants are entitled to qualified immunity on Althof’s § 1983 claim, because the asserted constitutional right was not clearly established at the time of the alleged violation.2 See Harlow v. … I disagree with the conclusion that the asserted constitutional right was not clearly established at the time of the alleged violation.

United States v. Romero-Rendon

198 F.3d 745 · Court of Appeals for the Ninth Circuit · Dec 7, 1999

by some other form of clearly reliable evidence. … In these cases, a judge may rely on it to establish the factual basis for the enhancement.

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.

Jacqueline R. PIVA, Plaintiff-Appellant, v. XEROX CORPORATION, Defendant-Appellee

654 F.2d 591 · Court of Appeals for the Ninth Circuit · Aug 24, 1981

years the district court was not clearly erroneous. … The district court concluded that this evidence was insufficient to establish a prima facie case of class-wide discrimination in matters of compensation. We conclude that this finding was not clearly erroneous.

Esteban Aleman Gonzalez v. William Barr

955 F.3d 762 · Court of Appeals for the Ninth Circuit · Apr 7, 2020

In no fewer than ten instances, the Court expressly qualified in Jennings that it rejected our application of the canon to the statutory provisions “at issue” there. Jennings, 138 S. … BARR Jennings establishes that we misused the canon of constitutional avoidance in Diouf II.

National Union Fire Insurance v. United States

115 F.3d 1415 · Court of Appeals for the Ninth Circuit · Jun 10, 1997

The original purpose of the project was “to establish a harbor for small-craft navigation.” Section 101, River & Harbor Act of 1950, Pub.L. No. 81-516, 64 Stat. 163, 166 (1950). … Where a statute or policy requires a particular government action, it has no discretionary function immunity based on its choice to spend its money doing something else instead.

Jenks v. Hull

67 F.3d 307 · Court of Appeals for the Ninth Circuit · Sep 28, 1995

the Jenkses failed to show that the contours of their constitutional right to family integrity were clearly established at the time of the alleged violation. 6 The doctrine of qualified immunity is intended to provide government … "Government officials performing discretionary functions enjoy qualified immunity from civil damages so long as their conduct does not violate 'clearly established statutory or constitutional rights of which a reasonable

United States v. David Phillip Munoz Bennie E. McGregor Donald L. Thomson

233 F.3d 1117 · Court of Appeals for the Ninth Circuit · Dec 6, 2000

The defendants did not, however, financially pre-qualify the investors as required. … Moreover, Thomson, like McGregor, falsified forms in order to make it look as if he had financially pre-qualified the investors to whom he sold when, in fact, he had not pre-qualified them.

Berger v. Ohlson

120 F.2d 56 · Court of Appeals for the Ninth Circuit · May 14, 1941

They cannot escape personal liability by relying upon the sovereign’s immunity from suit. … We are of opinion that the cases cited do not support such an exception to the established rules.

Schneider v. Chertoff

450 F.3d 944 · Court of Appeals for the Ninth Circuit · Jun 7, 2006

But that was the only restriction that Congress imposed on qualifying medical practice. … The regulation plainly conflicts with Congress’s clearly-expressed intent.

Willene Lowdermilk v. United States Bank National Association

479 F.3d 994 · Court of Appeals for the Ninth Circuit · Mar 2, 2007

It held that Defendant had not proved that Plaintiffs allegation was made in bad faith nor had it met its burden of establishing jurisdiction under CAFA. … It is likely that some of these 7,571 former employees would qualify for the class, but is far from clear that 2,874 former employees out of 7,571 qualify- Defendant’s numbers are weak for other reasons as well.

Lenore Albert v. Jeffrey Golden

998 F.3d 1088 · Court of Appeals for the Ninth Circuit · Jun 10, 2021

They argued that Albert had not shown that any recovery from her counterclaims would be necessary for her support, as section 704.140 requires, and that she identified no statute immunizing her assets from the enforcement … The debtor in that case unquestionably qualified for the disputed exemption under California’s exemption statutes. Id. at 423, 426.

Castillo v. Cigna Healthcare

11 F. App'x 945 · Court of Appeals for the Ninth Circuit · Jun 7, 2001

However, a substantial portion of Castillo’s treatment at Learning Services should qualify as prescribed rehabilitation therapy under the plan. … Here, Castillo’s daily services were provided under the direct instructions of, and following the established plans of, the two non-staff therapists who evaluated Castillo. 2 The plan administrator, therefore, must honor

Clarence Ray Allen v. Jeanne S. Woodford, Warden, of the California State Prison at San Quentin

395 F.3d 979 · Court of Appeals for the Ninth Circuit · Jan 24, 2005

Hunter, 49 Cal.3d 957, 974 , 264 Cal.Rptr. 367 , 782 P.2d 608 (1989) (recognizing Virgin Islands as “the one case which has clearly recognized [judicially conferred immunity]”). b. … Selective Immunization of Witnesses There is no evidence to support Allen’s claim that the prosecutor selectively granted immunity.

Jerry Bartlett JONES, Jr., Petitioner-Appellant, v. Tana WOOD, Respondent-Appellee

114 F.3d 1002 · Court of Appeals for the Ninth Circuit · Jun 12, 1997

Having tried and failed through no fault of his own to develop the facts relevant to his ineffective assistance claim at the state-court level in the only permissible manner, he clearly establishes the “cause” portion of … his petition was contrary to clearly established law as announced by the Supreme Court — in this case, the requirement of effective assistance of counsel as announced in Strickland .

Dreier v. United States

95 F.3d 1435 · Court of Appeals for the Ninth Circuit · Sep 17, 1996

Rather, the government is negligent precisely because it failed to follow established military rules and procedures governing the operation of its NCO Club. … Because the waters around the area are open to the public, the area around the sluice qualifies as an area “adjacent to such areas.”

In Re Hawaii Federal Asbestos Cases. (Four Cases) David K. Kaiu Lillian M. Kaiu v. Raymark Industries, Inc., a Corporation, Formerly Known as Raybestos-Manhattan, Inc., and Fibreboard Corporation, Formerly Known as Fibreboard Paper Products Corporation, a Delaware Corporation, Antonia Beatrix Sawyer, Individually and as Special Administratrix of the Estate of Stephen Charles Sawyer, Deceased and as Guardian Ad Litem for Andrew John Sawyer, Corrina Antonia Sawyer, and Margaret Ann Sawyer, All Minor Children v. Raymark Industries, Inc., a Corporation, Formerly Known as Raybestos-Manhattan, Inc., and Fibreboard Corporation, Formerly Known as Fibreboard Paper Products Corporation, a Delaware Corporation, Toledo Monderen Maria L. Monderen v. Raymark Industries, Inc., a Corporation, Formerly Known as Raybestos-Manhattan, Inc., and Fibreboard Corporation, Formerly Known as Fibreboard Paper Products Corporation, a Delaware Corporation, Ted Mina, Personal Representative for the Estate of Mariano Gamurot, Deceased Domingo Del Rosario Alice C. Digos v. Fibreboard Corporation, Formerly Known as Fibreboard Paper Products Corporation a Delaware Corporation, and Raymark Industries, Inc., a Corporation, Formerly Known as Raybestos-Manhattan, Inc., Ted Mina, Personal Representative for the Estate of Mariano Gamurot, Deceased Domingo Del Rosario Alice C. Digos v. Raymark Industries, Inc., a Corporation, Formerly Known as Raybestos-Manhattan, Inc., and Owens-Illinois, Inc.

960 F.2d 806 · Court of Appeals for the Ninth Circuit · Mar 31, 1992

The offer of proof which the appellants made to the district court went only to establish that they did not know the dangers of asbestos until very late in the day. … Rent-A-Car Corp., 52 Haw. 71 , 470 P.2d 240, 243 (1970), they would adopt the less restrictive approach to questions of asbestos causation embodied in cases like Lockwood. 5 Under this approach, the Sawyer and Mina plaintiffs clearly