Case law

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.

United States v. Charles Perkins

850 F.3d 1109 · Court of Appeals for the Ninth Circuit · Mar 13, 2017

And our ease law did not clearly establish that copies of images alleged to be “lascivious” under § 2256(2)(A)(v) needed to be included in a search warrant application. … Even assuming that the district court clearly erred in crediting Agent Ensley, the majority inappropriately holds Agent Ensley reckless for not following a rule that was not clearly established at the time he submitted his

Osama Al Ramahi v. Eric Holder, Jr.

725 F.3d 1133 · Court of Appeals for the Ninth Circuit · Aug 6, 2013

To qualify for asylum, an alien must demonstrate by clear and convincing evidence that the alien’s application for asylum was “filed within 1 year after the date of the alien’s arrival in the United States.” 8 U.S.C. § 1158 … Clearly, waiting six months or longer after expiration or termination of status would not be considered reasonable.

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.

Renteria-Morales v. Mukasey

Court of Appeals for the Ninth Circuit · Dec 12, 2008

“If the record of conviction does not establish that the offense the petitioner committed qualifies as an aggravated felony, the government has not met its burden of proving that the defendant commit- ted an aggravated felony … In this case, the elements of the generic federal crime are clearly set out in § 1101(a)(43)(T) itself.

Jerry Davis v. Department of Corrections

Court of Appeals for the Ninth Circuit · May 24, 2023

First Amendment right was clearly established. … Butz and Pollard argue they are entitled to qualified immunity, but whether qualified immunity applies here depends on a jury’s resolution of factual issues.

Harshod Mehta v. City of Upland

Court of Appeals for the Ninth Circuit · Aug 31, 2018

An officer is entitled to qualified 5 immunity if the right at issue was not “clearly established” at the time of the violation. Id. at 243–44. … right allegedly violated was not clearly established under preexisting law.

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.

Jeffrey Cogan v. Arnaldo Trabucco

114 F.4th 1054 · Court of Appeals for the Ninth Circuit · Aug 21, 2024

See 18B WRIGHT & MILLER, supra, § 4469.2, at pp. 102–03 (noting the “complication [that] arises in identifying the level of finality that must be reached to qualify a state-court judgment as one ‘rendered before the district … Meridian Oil, Inc., 74 F.3d 910 (9th Cir. 1996), establishes that Trabucco’s malicious 28 COGAN V.

The Association Of Mexican-American Educators v. State Of California

195 F.3d 465 · Court of Appeals for the Ninth Circuit · Oct 28, 1999

The Senate Report is therefore the sole Congressional Report. 13 Plaintiffs argue in their motion for reconsideration that the Public School System established by the California state Constitution must qualify within the … This court has held that given this relationship, school districts enjoy the State's immunity under the Eleventh Amendment.

Bob Wondries Motors, Inc., Dba Wondries Ford v. Commissioner of Internal Revenue, Toyota Town, Inc., a California Corporation v. Commissioner of Internal Revenue, Wondries Nissan, Inc. v. Commissioner of Internal Revenue, Country Nissan, a California Corporation v. Commissioner of Internal Revenue, Quality Motor Cars of Stockton, a California Corporation v. Commissioner of Internal Revenue, Bob Wondries Associates, Inc., D.B.A. Wondries Toyota v. Commissioner of Internal Revenue, Robert S. Zamora and Christina Zamora v. Commissioner of Internal Revenue

268 F.3d 1156 · Court of Appeals for the Ninth Circuit · Oct 23, 2001

But as the Tax Court pointed out, the Commissioner administratively established in Rev. … They do not seriously quarrel with the Tax Court's view that the issue was not raised in their petitions; it clearly was not.

Victor B. Valencia v. Alberto R. Gonzales, Attorney General

439 F.3d 1046 · Court of Appeals for the Ninth Circuit · Mar 6, 2006

United States, 495 *1049 U.S. 575, 110 S.Ct. 2143 , 109 L.Ed.2d 607 (1990), a violation of section 261.5(c) qualifies as a crime of violence and hence as an aggravated felony “if and only if the full range of conduct covered … Under this “modified” categorical approach, we examine “documentation or judicially noticeable facts that clearly establish that the conviction is [an aggravated felony] [,] such as the indictment, the judgment of conviction

David Harrison v. Scott Kernan

971 F.3d 1069 · Court of Appeals for the Ninth Circuit · Aug 21, 2020

Independent of the Department’s concession, we conclude the undisputed evidence establishes that this is so. … While this 13 The district court also should decide, in the first instance, whether Defendants Kernan and Beard in their individual capacities are entitled to qualified immunity from Harrison’s claims.

United States v. Singh

94 F. App'x 511 · Court of Appeals for the Ninth Circuit · Mar 29, 2004

Davis’s out-of-court statement was admissible because the evidence established that he was a coconspirator. … Minor/Minimal Role The district court did not clearly err in determining that Quarles did not qualify for a downward adjustment under U.S.S.G. § 3B1.2 for his-alleged “minor or minimal role” in the drug sales.

Charles Crockett v. Venalonzo

Court of Appeals for the Ninth Circuit · May 30, 2019

The district court properly granted summary judgment on Crockett’s Fourth Amendment claim related to Crockett’s fecal sample on the basis of qualified immunity because defendant’s conduct did not violate clearly established … Rickard, 572 U.S. 765, 778-79 (2014) (defendants sued under § 1983 are entitled to qualified immunity unless they violated a right that was clearly established; “a defendant cannot be said to have violated a clearly established

Beneli v. National Labor Relations Board

873 F.3d 1094 · Court of Appeals for the Ninth Circuit · Oct 17, 2017

We “will not deny enforcement of,a deferral decision unless the Board clearly departs from its own standards or the standards themselves are invalid.” Id. (citing Servair, Inc. v. … The new deferral standard qualifies this case as a case of “first impression.” The Board established a' new standard to replace the Spielberg/Olin deferral standard that had been in existence for decades.

Ferrari, Alvarez, Olsen & Ottoboni v. Home Insurance

940 F.2d 550 · Court of Appeals for the Ninth Circuit · Aug 8, 1991

The district court clearly considered the question as one arising under section 1447(c). … The district court clearly invoked section 1447(c) and clearly found that it was without jurisdiction. Thermtron itself has no application.

Drinkwine v. Federated Publications, Inc.

780 F.2d 735 · Court of Appeals for the Ninth Circuit · Jan 16, 1986

The evidence clearly shows that he never qualified for it. … Tying 29 To qualify for the per se analysis against tying, Drinkwine must establish that Statesman is selling two separate products and using its market power in one to force purchase of another.

Chudacoff v. UNIV. MED. CENTER OF SOUTHERN NEVADA

649 F.3d 1143 · Court of Appeals for the Ninth Circuit · Jun 9, 2011

. § 11112(a) and therefore were not entitled to HCQIA immunity. Id. at 1176-77. The district court denied defendants’ motion to reconsider, and defendants appealed the issue of HCQIA immunity only. … Given the district court’s conclusion that defendants’ actions amounted to due process violations, com- bined with our determination that Ellerton, Carrison, Bern- stein, and Roberts’ conduct clearly constituted state action

United States v. Snellenberger

Court of Appeals for the Ninth Circuit · Oct 27, 2008

If Snellenberger’s prior conviction qualifies as bur- glary of a dwelling, it’s a crime of violence. … Together, these lines establish that Snellenberger pleaded nolo contendere to count 1, which charged him with “enter-  UNITED STATES v.