Case law
Opinions from 1658 to today.
10,000+ results
1.58s
900 F.2d 1363 · Court of Appeals for the Ninth Circuit · Apr 9, 1990
as a Rule 23.1 plaintiff. 21 The Dumke group argues that the record clearly shows that Larson requested recision of the ESOP. … We did not, however, establish criteria for determining adequacy of representation in subsequent cases.
Cited 21 timesPublishedDonald Wige v. City of Los Angeles
713 F.3d 1183 · Court of Appeals for the Ninth Circuit · Apr 16, 2013
McCutchen’s fabricated evidence exception allows plaintiffs who can establish that an officer lied or fabricated evidence to relitigate the issue of probable cause with the falsified evidence removed from the equation or, … Walker, 175 F.3d 756, 760 (9th Cir. 1999) (similar analysis in qualified immunity context).
Cited 25 timesPublished244 F.3d 758 · Court of Appeals for the Ninth Circuit · Mar 27, 2001
Because no constitutional violation occurred, the admission of BWS testimony by the trial court did not “result in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law … A "two strike” case involves one prior qualifying felony; a "three strike” case involves two or more prior qualifying felonies.
Cited 27 timesPublishedRadcliffe v. Rainbow Construction Co.
254 F.3d 772 · Court of Appeals for the Ninth Circuit · Jun 13, 2001
This argument is clearly insufficient when applied to the governmental defendants. … Even more clearly, there is no preemption of the plaintiffs § 1983 constitutional claims against the public defendants.
Cited 14 timesPublished607 F.2d 253 · Court of Appeals for the Ninth Circuit · Oct 22, 1979
EXHAUSTION OF ADMINISTRATIVE REMEDIES AND WAIVER The doctrines of exhaustion of administrative remedies and waiver are well established and serve fairly obvious purposes. … These principles clearly indicate that the Secretary quite properly considered appellants’ claims although the protest followed the Secretary’s recognition in January, 1974 of GRI’s grandfather rights.
Cited 36 timesPublishedRocio Henriquez-Rivas v. Eric Holder, Jr.
707 F.3d 1081 · Court of Appeals for the Ninth Circuit · Feb 13, 2013
The particular kind of group characteristic that will qualify under this construction remains to be determined on a case-by-case basis. … The IJ concluded that Henriquez-Rivas did not establish she was persecuted on account of political opinion, but concluded that Henriquez-Rivas did establish she was a member of the particular social group of “people testifying
Cited 585 timesPublishedUnited States v. Castro Alavez
Court of Appeals for the Ninth Circuit · Feb 20, 2026
Still, the government insists that Collazo controls because its reasoning is “clearly irreconcilable” with Hunt. … But that expertise, alone, does not qualify him to testify about every matter remotely related to drug trafficking.
Cited 0 timesPublishedAmy Konstantelos v. Norm Hickling
Court of Appeals for the Ninth Circuit · Oct 26, 2018
“[Q]ualified immunity shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” Mullenix v … Even assuming the existence of a clearly established First Amendment right under these circumstances, there is no evidence that Hickling contacted DCFS.
Cited 0 timesUnpublishedCourt of Appeals for the Ninth Circuit · Dec 1, 2020
. § 1983.1 The district court concluded the individually named Defendants- Appellees were entitled to qualified immunity. … We thus cannot conclude that the law was “clearly established” that the Fourth Amendment protected Wright’s interest against an unreasonable interference with his property.2 2 Because the law was not clearly established
Cited 0 timesUnpublished136 F.3d 1345 · Court of Appeals for the Ninth Circuit · Feb 27, 1998
Therefore, I respectfully dissent and would not reach the question of qualified immunity, which the majority discusses in Part III. … This court has held that remarks made by counsel in chambers, discussion of law in pretrial memoranda and mere submission of proposed instructions did not clearly show that the issue was focused before the court.
Cited 22 timesPublishedCourt of Appeals for the Ninth Circuit · Dec 23, 2025
The party seeking a stay pending appeal—here, the government— bears the burden of establishing that these factors favor a stay. See id. at 433–34. … challenge to HHS regulations interpreting Title X’s prohibition on funding for abortion services), and Regan (where plaintiffs brought a facial challenge to the IRS’s requirement that organizations refrain from lobbying to qualify
Cited 0 timesPublishedUnited States v. Osama Musa Alferahin
433 F.3d 1148 · Court of Appeals for the Ninth Circuit · Jan 11, 2006
We thus hold that a district court’s error is plain when its jury instructions fail to incorporate an element of the crime that has been clearly established by Ninth Circuit precedent. See United States v. … Defense counsel’s alleged ineffectiveness in this case stems from a specific and discrete conversation, recorded clearly in the record, in which Alferahin’s attorney declined a highly favorable instruction on a clearly established
Cited 89 timesPublished670 F.3d 1015 · Court of Appeals for the Ninth Circuit · Jan 27, 2012
If a nolo contendere plea qualifies an alien for relief, then a fortiori a stipulated facts trial qualifies. Fed. R. Crim. … [11] We conclude that the record establishes objectively reasonable reliance. Hernandez de Anderson, 497 F.3d at 939.
Cited 2 timesPublishedJose Duran-Rodriguez v. William Barr
918 F.3d 1025 · Court of Appeals for the Ninth Circuit · Mar 20, 2019
Because Duran-Rodriguez has not established eligibility for asylum, it necessarily follows that he has not established eligibility for withholding. See Mansour v. … But that statement, in isolation, is clearly misleading.
Cited 701 timesPublishedPhilip K. Paulson v. City of San Diego Mt. Soledad Memorial Association, Inc.
294 F.3d 1124 · Court of Appeals for the Ninth Circuit · Jun 26, 2002
The district court abuses its discretion if (among other things) it bases its decision on ah erroneous legal standard or on clearly erroneous findings of fact. Id. at 907-08 . … None of the district court's findings of historical fact is clearly erroneous. . This provision was formerly numbered article XIII, section 24. West's Ann. Cal. Const. art. 16, § 5; Cal. Educ. Facilities Auth. v.
Cited 57 timesPublished216 F.3d 837 · Court of Appeals for the Ninth Circuit · Jun 20, 2000
"Experience teaches that, unless cases are pled clearly and precisely, issues are not joined, discovery is not controlled, the trial court's docket becomes unmanageable, the litigants suffer, and society loses confidence … Sergio Bautista was qualified for the posi tion in which he sought continued employment. 10 88. Miguel Rodriguez was also qualified for the position in which he sought continued employment. 11 89.
Cited 37 timesPublishedDavid Boruchowitz v. Robert Bettinger
654 F. App'x 354 · Court of Appeals for the Ninth Circuit · Jun 27, 2016
will not be adversely affected in their discharge of public duties by the application of the qualified immunity where the allegations suggest malicious prosecution.” … Pachtman, 424 U.S. 409 (1976), which established the test for absolute immunity applicable to malicious prosecution claims brought under 42 U.S.C. § 1983.
Cited 1 timesUnpublishedXu Ming Li Xin Kui Yu v. John Ashcroft, Attorney General
356 F.3d 1153 · Court of Appeals for the Ninth Circuit · Jan 29, 2004
Li’s Asylum Claim Li qualifies for asylum under the “other resistance” category of the statute. … Li’s forced pregnancy examination and the events that followed clearly constitute persecution.
Cited 168 timesPublished507 F.2d 231 · Court of Appeals for the Ninth Circuit · Nov 26, 1974
BACKGROUND The Yakima Reservation was established by the Treaty with the Yakimas, June 9, 1855. … Resolution T-90-66 among other things established fishing seasons, prohibited fishing in certain are *233 as, allocated fishing sites, established a tribal identification system, and specified the methods of fishing that
Cited 43 timesPublished
Ask Donna