Case law

United States v. Alejandro Robles-Rodriguez

281 F.3d 900 · Court of Appeals for the Ninth Circuit · Feb 13, 2002

. § 1101 (a)(43) contains a list of qualifying offenses, including “a drug trafficking crime (as defined in section 924(c) of Title 18).” 8 U.S.C. § 1101 (a)(43)(B) (1994). … Kalinowski, 146 F.3d 196, 200 (3d Cir.1998) (“Congress must clearly express its intent to change a well-established common law construction”). We find no such indication here.

Veronica Ollier v. Sweetwater Union High School

768 F.3d 843 · Court of Appeals for the Ninth Circuit · Sep 19, 2014

The panel further determined that the district court did not clearly err when it found that: (1) plaintiffs established a prima facie case of Title IX retaliation; and (2) Sweetwater’s purported non-retaliatory reasons for … C Having determined that the district court did not clearly err when it found (1) that Plaintiffs established a prima facie case of Title IX retaliation, and (2) that Sweetwater’s purported non-retaliatory reasons for

Charles Dirks v. Joe Grasso

Court of Appeals for the Ninth Circuit · Sep 2, 2011

At the time of Dirks’s arrest, it was clearly established that an officer must have probable cause to execute a warrantless arrest. See Michigan v. Summers, 452 U.S. 692, 699-700 (1981). … Grasso is not entitled to qualified immunity on Dirks’s First Amendment retaliation claim.

United States v. Strickland

Court of Appeals for the Ninth Circuit · Mar 2, 2009

STRICKLAND equal reliability may also be considered.15 Our aim is to deter- mine whether documentation or judicially noticeable facts clearly establish that the defendant pleaded guilty to facts covered by the predicate offense … We think these forms, especially the Montana registration, are significant and establish under the circumstances of this case an admission that the Maryland conviction for child abuse was an offense “relating to aggra- vated

Compassion in Dying v. Washington

85 F.3d 1440 · Court of Appeals for the Ninth Circuit · Jun 12, 1996

Furthermore, if assisted suicide is so clearly protected by the Constitution, why immunize only the physician and those acting under a physician’s supervision? … Clearly it is not.

Mobassa Boyd v. Anthony C. Newland, Warden

393 F.3d 1008 · Court of Appeals for the Ninth Circuit · Dec 29, 2004

So Batson does not clearly establish a requirement of comparative juror analysis on appeal. … Neither *1016 that rule nor its application here violates clearly established Supreme Court law.

The United States National Bank of Portland, Oregon, Trustee, and Walter G. E. Smith v. Fabri-Valve Company of America, a Corporation, Fabri-Valve Company of America, a Corporation v. The United States National Bank of Portland, Oregon, Trustee, and Walter G. E. Smith

235 F.2d 565 · Court of Appeals for the Ninth Circuit · Jun 14, 1956

Upon the death of the wife, the United States National Bank qualified as successor. … The evidence clearly shows the bank was the owner of the right to recover all damages for the infringement.

Estate of Kevin Brown v. Michael Lambert

Court of Appeals for the Ninth Circuit · Jul 24, 2019

Rather, “for purposes of determining whether the alleged conduct violates clearly established law of which a reasonable person would have known, we assume the version of the material facts asserted by the non-moving party … Officer Mekenas-Parga, however, is entitled to qualified immunity on the overbroad warrant claim.

Randon Miller v. City of Scottsdale

88 F.4th 800 · Court of Appeals for the Ninth Circuit · Dec 8, 2023

immunity defense in the district court or whether Miller waived his arguments that there was no probable cause. … CITY OF SCOTTSDALE 28, 2020 do not qualify because they both occurred before EO 2020-18’s enactment on March 30, 2020.

United States v. James Morgan Jackson

544 F.2d 407 · Court of Appeals for the Ninth Circuit · Oct 12, 1976

The district court found that to be sufficient to establish abandonment. We disagree, even on the “clearly erroneous” standard by which such rulings of fact mixed with law in criminal matters are judged on review. … The informant here was untested, so there was no previous experience to qualify her. Prior dealing is not the only basis for establishing reliability, however.

Lebbos v. Judges of Superior Court, Santa Clara County

883 F.2d 810 · Court of Appeals for the Ninth Circuit · Aug 28, 1989

The court also dismissed any claims for damages against the named judges finding them immune from liability. … In any event, this case is clearly distinguishable from Goldie's.

United States v. Antonio Medina Puerta

982 F.2d 1297 · Court of Appeals for the Ninth Circuit · Dec 22, 1992

The district court’s finding of voluntary consent was not clearly erroneous. The third Massachusetts driver’s license and the Spanish passport were discovered in the search incident to Puerta’s arrest. … A five-member majority of the Court has therefore agreed that Chaunt did not establish a minimum burden that the government must meet in order to establish materiality.

Fisher v. City of San Jose

Court of Appeals for the Ninth Circuit · Nov 19, 2007

See Lindsey, 877 F.2d at 782. 18 The dissent speculates that “the officers would appear to be entitled to qualified immunity.” Dissenting Opinion at 15081, n.9. … exist and continue until the end of the standoff, the officers would appear to be entitled to qualified immunity.

Carlos S. Camacho, Governor of the Commonwealth of the Northern Mariana Islands v. Civil Service Commission

666 F.2d 1257 · Court of Appeals for the Ninth Circuit · Feb 8, 1982

They argue that the appellate division of the district court, by analogy to a state supreme court, should be immune from federal review of a local question of law. … Section 3(a), concerning the establishment of a Civil Service Commission, provides: Establishment.

Edwards v. Heckler

770 F.2d 1496 · Court of Appeals for the Ninth Circuit · Sep 13, 1985

The Secretary appeals the judgment establishing the new standard and the parties cross-appeal the attorney’s fee award. … Whether the unconstitutionality of section 411(a)(5)(A) was “clearly foreshadowed” prior to Frontiero is but one factor.

James E. Griffin, Jr. v. Dan Johnson, Superintendent, Snake River Correctional Institution

350 F.3d 956 · Court of Appeals for the Ninth Circuit · Nov 20, 2003

Justice O’Connor clearly employs the term “newly discovered.” Thus, her opinion could constitute Schlup’s holding. See Marks v. … Stanulis’s subsequent reports and opinions, qualify as “newly presented” evidence.

Garry S. Gonsalves v. Esther Gallegos

993 F.2d 882 · Court of Appeals for the Ninth Circuit · May 14, 1993

Government officials are entitled to qualified immunity when their conduct "does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Harlow v. … Here there is no dispute that the law was clearly established: A public employee may not be terminated for engaging in constitutionally protected conduct like the speech involved in this case. Pickering v.

McCalden v. California Library Ass'n

955 F.2d 1214 · Court of Appeals for the Ninth Circuit · Nov 20, 1990

The Unruh Act, Cal.Civ.Code § 51, prohibits discrimination by business establishments on the basis of séx, race, color, religion, ancestry, or national origin. … Nor does the fact that appellees were politically motivated immunize them from liability if they in fact engaged in threats of violence.

United States v. Tullos

249 F. App'x 653 · Court of Appeals for the Ninth Circuit · Oct 1, 2007

Tullos contends that the district court erred by determining that he did not qualify for safety-valve relief under 18 U.S.C. § 3553 (f) and U.S.S.G. § 5C1.2. … We disagree, and conclude that the district court did not clearly err in determining that Tullos did not meet his burden of establishing that he had truthfully provided to the government all information and evidence he had

Donna Will v. Eric Clay

Court of Appeals for the Ninth Circuit · May 31, 2024

The district court concluded that a reasonable jury could find Clay’s use of force excessive, but held that he was entitled to qualified immunity because no clearly established law barred his conduct. … of Clay’s conduct was not clearly established.