Case law

Getty Oil Co. v. Andrus

607 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.

Dillard v. Roe

244 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.

United States v. Tami M. Lecoe

936 F.2d 398 · Court of Appeals for the Ninth Circuit · Jun 6, 1991

Some, such as the appellant here, maintain that section 510 does not clearly indicate what checks may be aggregated to determine whether one qualifies for felony or misdemeanor prosecution under the section. … Simply put, the “whole” should be presumed unless a subset is clearly specified. The Fifth Circuit also relied upon the structure of the statute in reaching its conclusion.

Leonard Lawson, Jr. v. Jeffery Gregg

Court of Appeals for the Ninth Circuit · May 7, 2018

In light of clearly established precedent requiring interpretation of warrants in a commonsense manner, United States v. … Clearly 3 15-35907 established law, Ramirez, 298 F.3d at 1027-28, requires supervisors such as Youngblood to read the warrant and understand its

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.

Officers For Justice v. Civil Service Commission Of The City And County Of San Francisco

979 F.2d 721 · Court of Appeals for the Ninth Circuit · Nov 5, 1992

It establishes as a target the appointment of minorities and women to sergeant and assistant inspector positions in proportion to their representation in the qualified applicant pool and sets a long term goal of 45 percent … We will not disturb the district court's finding that banding is a valid alternative selection device unless it is clearly erroneous. Anderson v.

Albert Duro v. Edward Reina, Chief of Police, Salt River Department of Public Safety, Salt River Pima-Maricopa Indian Community

860 F.2d 1463 · Court of Appeals for the Ninth Circuit · Nov 2, 1988

Although the Court was discussing a tribe’s immunity from taxation, not its criminal jurisdiction, the Court was clearly drawing on a broader theory of tribal sovereignty: A tribe acts as a sovereign only with respect to … Navarette, 434 U.S. 555, 562, 98 S.Ct. 855, 859 , 55 L.Ed.2d 24 (1978) (state officials liable under section 1983 where they know or should know that their conduct violates a clearly established constitutional right); Smith

Francisco Ornelas-Chavez v. Alberto R. Gonzales, Attorney General

458 F.3d 1052 · Court of Appeals for the Ninth Circuit · Aug 21, 2006

. *1059 To qualify for protection under CAT, Ornelas-Chavez must establish that he suffered torture, i.e., severe pain or suffering intentionally inflicted for discriminatory purposes “by or at the instigation of or with … But we clearly rejected that interpretation of the regulation in Azanor. See 364 F.3d at 1020 . Therefore, we reject the government’s harmless error claim.

United States v. Floyd Ray Phillips

482 F.2d 1355 · Court of Appeals for the Ninth Circuit · Aug 6, 1973

The government concedes that “receipts” may qualify as statements under the Jeneks Act, 18 U.S.C., Sec. 3500 (e), if they meet the further requirement of subsection (b), i. e. they must be statements which relate to the subject … The failure to require production of the receipts, however, was harmless for the following reasons: (1) As was found by the trial court in denying the motion for a new trial “It is clearly established by the record that the

Carmona v. Carmona

Court of Appeals for the Ninth Circuit · Sep 17, 2008

Tise established that a state court domestic relations order may be qualified even after a participant’s death, “[b]ecause a QDRO only renders enforceable an already-existing interest.” 234 F.3d at 421. … The Supreme Court has observed that the preemption provision is “clearly expansive” but that it cannot be taken “to extend to the furthest stretch of its indeterminacy.” Egelhoff v.

Archie K. Babson and Victor J. Trial v. United States

330 F.2d 662 · Court of Appeals for the Ninth Circuit · Jun 22, 1964

When the evidence is viewed in a light most favorable to the prosecution, and all conflicts in it are resolved against the defendants, the fact of their guilt as found by the jury becomes clearly evident. … In speaking of the culpability of a salesman similarly circumstanced as Trial, the Eighth Circuit declared: “If believed, it (i. e., the evidence) established that the gist of the scheme to defraud was brought to his knowledge

Planned Parenthood Federation v. Center for Medical Progress

890 F.3d 828 · Court of Appeals for the Ninth Circuit · May 16, 2018

PROGRESS GOULD, Circuit Judge, with whom MURGUIA, Circuit Judge, joins, concurring: Although the procedure followed in this case to allow an interlocutory appeal of a denial of an anti-SLAPP motion is clearly permitted … PROGRESS 15 accompanies a denial of an anti-SLAPP motion, the right to be immune from suit). But see DC Comics v.

19 Employee Benefits Cas. 1954, 95 Cal. Daily Op. Serv. 7884, 95 Daily Journal D.A.R. 13,527, Pens. Plan Guide P 23914f Brenda Hearn v. Western Conference of Teamsters Pension Trust Fund

68 F.3d 301 · Court of Appeals for the Ninth Circuit · Oct 6, 1995

Where the language in question cuts back or qualifies other language that sweeps very broadly, there's a particularly strong inference that the legislature employed the qualifier to limit the more general language in some … Our task is to read the broad language and the qualifier together to reach a sensible result.

Perfect 10, Inc. v. Amazon. Com, Inc.

508 F.3d 1146 · Court of Appeals for the Ninth Circuit · Dec 3, 2007

However, Perfect 10 has not based its claim of infringement on the design of Google’s search engine and the Sony rule does not immunize Google from other sources of contributory liability. … The district court did not clearly err in concluding that Amazon.com lacked a direct financial interest in such activities.

Leicester v. Warner Bros.

232 F.3d 1212 · Court of Appeals for the Ninth Circuit · Nov 29, 2000

In doing so, it held that this finding was a factual one to be reviewed under the clearly erroneous standard. See id. at 83 . … To comply with this treaty obligation, Congress passed the Architectural Works Copyright Protection Act of 1990 (AWC-PA), establishing a new category of copyright protection for works of architecture. See H.R.

United States v. Business of the Custer Battlefield Museum & Store

658 F.3d 1188 · Court of Appeals for the Ninth Circuit · Sep 30, 2011

He indispu- tably has standing to seek that remedy, and we will not require him to establish standing for each component of that access that may be encom- passed within the general remedy he seeks. … They therefore “clearly fall within the definition of ‘judicial documents.’ ” Id.; see also Fenstermaker, 530 A.2d at 418 (“[D]ocuments upon which a magistrate bases a decision to issue an arrest warrant are clearly judicial

O'neel v. County of Sacramento

Court of Appeals for the Ninth Circuit · Sep 25, 2025

Because we conclude that Starkes did not commit judicial deception, we do not reach the issue of qualified immunity. 2. … As with Starkes, we need not reach the issue of qualified immunity with respect to Smith.

Everett Spillard v. Ivers

Court of Appeals for the Ninth Circuit · Aug 4, 2023

The district court erred in granting summary judgment in favor of Defendants-Appellees on the basis of qualified immunity. … Because Defendants- Appellees are privately employed medical providers, the defense of qualified immunity is categorically unavailable. Jensen v. Lane County, 222 F.3d 570, 577– 79 (9th Cir. 2000).

United States v. Salvador Hernandez-Estrada

704 F.3d 1015 · Court of Appeals for the Ninth Circuit · Dec 5, 2012

As explained earlier, Hernandez has not established a substantial violation of the JSSA based on frustration of the Act’s fair-cross- section goal. … But I do so without enthusiasm because the rule we are bound to apply is clearly wrong.

United States v. Thomas Dale Peterson

353 F.3d 1045 · Court of Appeals for the Ninth Circuit · Dec 30, 2003

This finding was not clearly erroneous. Accordingly, we adopt Lobdell’s version of the facts. … The Court in Banks confirmed the Ramirez principle that “ § 3109 is subject to an exigent circumstances exception, which qualifies the requirement of refusal after notice, just as it qualifies the obligation to announce in