Case law

Locricchio v. Richards

94 F.3d 652 · Court of Appeals for the Ninth Circuit · Aug 22, 1996

First, we must determine whether the law governing Richards's arrest of Locricchio was clearly established. Id. … We therefore conclude that Richards is entitled to qualified immunity.

Augustin Valenzuela Gallardo v. Loretta E. Lynch

818 F.3d 808 · Court of Appeals for the Ninth Circuit · Mar 31, 2016

These authorities establish that where an agency’s interpretation of a statute raises grave constitutional concerns, and where Congress has not clearly indicated it intends a constitutionally suspect interpretation, we can … Second, the clause creates “uncertainty about how much risk it takes for a crime to qualify as a violent felony.

John B. Nelson v. Clark County School District Edward Goldman, Individually

141 F.3d 1177 · Court of Appeals for the Ninth Circuit · Mar 26, 1998

An official is entitled to qualified immunity unless he "violate[s] clearly established statutory or constitutional rights of which a reasonable person would have known." Harlow v. … Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982). 7 Because Nelson did not have a liberty or property interest in his application or personnel file, Goldman did not violate any clearly established constitutional

Mr. And Mrs. Ardmore Canton v. Spokane School District 81, a Public Corporation

498 F.2d 840 · Court of Appeals for the Ninth Circuit · May 13, 1974

It is well established that state judicial remedies need not be exhausted or invoked to perfect a federal cause of action under the Civil Rights Act, § 1983. … Other fees complained of, however, would clearly not be so regarded, according to the state law as set forth by the Attorney General.

Alan J. Mishler, M.D. v. Nevada State Board of Medical Examiners

94 F.3d 652 · Court of Appeals for the Ninth Circuit · Aug 15, 1996

Id. at 750 . 5 The alleged deprivation that forms the basis of Mishler's original complaint fits comfortably within the clearly established right described in Stivers. … Thus, we reverse the district court's qualified immunity determination. C.

United States v. Anthony Gadson

763 F.3d 1189 · Court of Appeals for the Ninth Circuit · Aug 19, 2014

Nor did Wilson establish that the district court plainly erred in admitting the tapes on audibility grounds. … The district court did not clearly err in finding that Gadson played a managerial role in the drug conspiracy.

Michael Evans v. James Deacon

687 F. App'x 589 · Court of Appeals for the Ninth Circuit · Apr 18, 2017

Because Defendants did not have fair warning of any liberty interest Evans may have possessed regarding the transfer, Defendants were 2 entitled to qualified immunity. … This guarantee was clearly established prior to the events in question. See Austin v. Terhune, 367 F.3d 1167, 1169–71 (9th Cir. 2004).

United States v. Parker

651 F.3d 1180 · Court of Appeals for the Ninth Circuit · Aug 22, 2011

important exception: a panel may disagree with the circuit precedent when intervening Supreme Court decisions have undercut the theory or reasoning underlying the prior circuit precedent in such a way that the cases are clearly … PARKER 11315 applies during an open house, as “a person may not claim immunity from [the bar letter’s] prohibition on entry merely because the military has temporarily opened a military facility to the public

United States v. Marites Barrogo

59 F.4th 440 · Court of Appeals for the Ninth Circuit · Feb 2, 2023

These items were clearly not intended for personal household consumption. … But for present purposes, it is sufficient to conclude that the EBT card is a tangible item on which information is recorded, and so clearly qualifies as a “document.” Barrogo makes one final argument.

Loehr v. Ventura County Community College District

743 F.2d 1310 · Court of Appeals for the Ninth Circuit · Sep 26, 1984

He then granted summary judgment in favor of the individual defendants, holding they possessed qualified immunity under both federal and state law from Loehr’s suit. … V Because of our holdings above, we need not reach the question of the individual Trustees’ immunity. See generally Harlow v.

Gallegos v. City of San Gabriel

66 F.3d 335 · Court of Appeals for the Ninth Circuit · Sep 14, 1995

Government officials performing discretionary functions are entitled to qualified good faith immunity from liability for civil damages unless their conduct violates "clearly established statutory or constitutional rights … When the defendant raises qualified immunity as a defense, the initial burden is on plaintiff to show that the rights were clearly established, after which defendant bears the burden of proving that his conduct was reasonable

Evans v. Budge

201 F. App'x 420 · Court of Appeals for the Ninth Circuit · Sep 8, 2006

The state court’s application of clearly established law must be objectively unreasonable.” (citations omitted)). … The phrase “clearly established Federal law, as determined by the Supreme Court of the United States” "refers to the holdings ... of [the Supreme] Court’s decisions as of the time of the relevant state-court decision.”

Darren Bottinelli v. Josias Salazar

929 F.3d 1196 · Court of Appeals for the Ninth Circuit · Jul 15, 2019

It held that the Act’s text clearly links the good time credit amendment’s effective date to the creation of “the risk and needs assessment system.” … As in paragraph 102(b)(2), the subject of paragraph 102(b)(3) – “[t]he amendments made by this subsection” – refers to more than a single amendment and contains no qualifier to limit its application to only the addition

Commercial Credit Co. v. Street

65 F.2d 102 · Court of Appeals for the Ninth Circuit · May 16, 1933

Conley had filed a petition in bankruptcy and had been adjudicated a bankrupt on February 11, 1929; that ap-pellee had qualified as trustee on February 27th; that among the assets of the estate was a certain automobile; that … Ed. 770 , clearly establishes the power of the bankruptcy court to adjudicate summarily controverted rights, whether of ownership or of lien, in and to any property within the possession of the court, whether that possession

Microsoft Corporation v. Commissioner of Internal Revenue

311 F.3d 1178 · Court of Appeals for the Ninth Circuit · Dec 3, 2002

The evidence at trial established that computer software, sound recording and motion picture media share many similarities. … Evidence at trial established, however, that the vast majority of jobs created by Microsoft’s export activities are domestic.

United States v. James R. Coson

286 F.2d 453 · Court of Appeals for the Ninth Circuit · Jan 23, 1961

That case is ¡not in point here for it held no more than that § 1340 did not accomplish a waiver of sovereign immunity. … The action here is as clearly one to remove a particular cloud from plaintiff’s title as was the one considered in. Hopkins v. Walker, supra.

Irene Flick v. Liberty Mutual Fire Insurance Company

205 F.3d 386 · Court of Appeals for the Ninth Circuit · Feb 15, 2000

The employee had qualified for disability payments under the annuity, but after receiving erroneous advice from a federal official, had disqualified himself by exceeding the earnings limit. … The scope of that edict is not limited to cases involving equitable estoppel or sovereign immunity.

Vincent Marquez v. D. Miranda, Correctional Officer C. Wells, Correctional Officer

83 F.3d 427 · Court of Appeals for the Ninth Circuit · Apr 25, 1996

We ruled that they were not entitled to qualified immunity at that time because it was clearly established under both California and federal law that officials cannot read legal mail. Marquez v. … reasonableness" of the action ... assessed in light of the legal rules that were "clearly established" at the time it was taken. 18 Id.

Shannon v. Newland

Court of Appeals for the Ninth Circuit · Jun 8, 2005

NEWLAND the existence of “heat of passion” clearly reduces the charge to voluntary manslaughter. … [4] Johnson establishes that a state-court decision can, in some circumstances, qualify as a fact. There is, however, a crucial difference between Johnson and this case.

Meyer v. Horizon Health Corp

Court of Appeals for the Ninth Circuit · May 14, 2009

And because it would not qualify as a public disclosure, relators’ argument that they first publicly disclosed the allegations must be rejected. B. … The district court did not clearly err by determining that relators lacked the requisite direct and independent knowledge of the alleged fraud to qualify as original sources. 5 More than one week after briefing on