Case law

Thomas Cline Timothy Irving Keith Riney Dennis Trammell Each on His Own Behalf and on Behalf of All the Employees Similarly Situated v. The Industrial Maintenance Engineering & Contracting Co. George R. Beltz, Individually and in His Official Capacity as International President of the I.U.P.I.W. And as a Fiduciary Pamela Barlow, Individually and in Her Official Capacity as Secretary-Treasurer of the I.U.P.I.W. And as a Fiduciary Joe Beltz, Individually and in His Official Capacity as Vice President of the I.U.P.I.W. And as a Fiduciary Thomas Walsh, Individually and in His Capacity as Fiduciary Maurice Lampley, Individually and in His Capacity as Fiduciary John Delaney, Individually and in His Capacity as a Fiduciary Harold Johnson, Individually and in His Capacity as a Fiduciary Robert Ortega, Individually and in His Capacity as a Fiduciary Geoffrey Beltz, Individually and in His Capacity as a Fiduciary Oak Tree Administrators, Inc. Erisa, Regulated Employee Benefit Plan International Union of Petroleum & Industrial Workers Canadian Benefit Fund Great West Life and Annuity Co., the Industrial Maintenance Engineering & Contracting Co Geoffrey Beltz, Individually and in His Capacity as a Fiduciary Oak Tree Administrators, Inc., Erisa, Regulated Employee Benefit Plan Great West Life & Annuity Co., and George R. Beltz, Individually and in His Official Capacity as International President of the I.U.P.I.W. And as a Fiduciary Pamela Barlow, Individually and in Her Official Capacity as Secretary-Treasurer of the I.U.P.I.W. And as a Fiduciary Joe Beltz, Individually and in His Official Capacity as Vice President of the I.U.P.I.W. And as a Fiduciary Thomas Walsh, Individually and in His Capacity as Fiduciary Maurice Lampley, Individually and in His Capacity as Fiduciary John Delaney, Individually and in His Capacity as a Fiduciary Harold Johnson, Individually and in His Capacity as a Fiduciary Robert Ortega, Individually and in His Capacity as a Fiduciary International Union of Petroleum & Industrial Workers Canadian Benefit Fund Great West Life and Annuity Co. v. Thomas Cline Timothy Irving Keith Riney Dennis Trammell, Thomas Cline Timothy Irving Keith Riney Dennis Trammell, Plaintiffsappellees v. The Industrial Maintenance Engineering & Contracting Co George R. Beltz, Individually and in His Official Capacity as International President of the I.U.P.I.W. And as a Fiduciary Pamela Barlow, Individually and in Her Official Capacity as Secretary-Treasurer of the I.U.P.I.W. And as a Fiduciary Joe Beltz, Individually and in His Official Capacity as Vice President of the I.U.P.I.W. And as a Fiduciary Thomas Walsh, Individually and in His Capacity as Fiduciary Maurice Lampley, Individually and in His Capacity as Fiduciary John Delaney, Individually and in His Capacity as Fiduciary, Thomas Cline Timothy Irving Keith Riney Dennis Trammell v. The Industrial Maintenance Engineering & Contracting Co., and Great West Life and Annuity Co.

200 F.3d 1223 · Court of Appeals for the Ninth Circuit · Jan 11, 2000

That document continued to allege the various ERISA violations and for the first time characterized the subject plan as not IRA qualified. … Neither Appellants' briefs nor the Record reveal any evidence contradicting the inference that the Plan qualifies under I.R.C.

Gail N. ROLLER, Plaintiff-Appellant, v. CITY OF SAN MATEO Et Al., Defendants-Appellees

572 F.2d 1311 · Court of Appeals for the Ninth Circuit · Dec 30, 1977

She contends, however, that this was no reason for placing her upon sick leave, since she was still qualified for light police work. … The reason for this does not clearly appear but could have been because light duty was not desired by the officers to whom it was offered.

Glen Gilbert v. Booth Gardner, Governor, and Ernest W. Packebush, Superintendent, Eastern Washington Pre-Release

988 F.2d 119 · Court of Appeals for the Ninth Circuit · Mar 5, 1993

The determination of whether qualified immunity applies requires a two-part analysis: 1) whether the right allegedly violated was clearly established, and 2) whether a reasonable officer could have objectively believed that … Available published decisions, including district court decisions, are relevant to determine whether a right was clearly established at the time of the alleged violation. Ward v.

States Marine Corp. of Delaware v. Victory Carriers, Inc.

272 F.2d 463 · Court of Appeals for the Ninth Circuit · Oct 22, 1959

The finding of the court was precisely to the contrary. 6 Viewed as a finding of fact, this cannot be held to be clearly erroneous. … The limitation of recovery to one-half, if the pilotage clause had bound Victory Carriers, would be an application of an established admiralty doctrine.

UNITED STATES of America, Plaintiff-Appellee, v. Robert Leo MORAN, Defendant-Appellant

759 F.2d 777 · Court of Appeals for the Ninth Circuit · Jun 28, 1985

We further questioned whether such lost testimony would ever qualify for the level of prejudice necessary to establish a due process violation, and found that the defendant’s claims of lost testimony were speculative, and … Although as established above, negligent governmental conduct may form a basis for unconstitutional pre-indictment delay, our cases clearly require some showing of governmental culpability to prove a deprivation of due process

Gregory Patterson v. G.H. Baldwin Frank Hall M. Tangney P. Anderson D.R. Irwin

39 F.3d 1188 · Court of Appeals for the Ninth Circuit · Oct 31, 1994

Legal Mail 12 The defendants contend they are entitled to qualified immunity on the issue of whether they violated Patterson's constitutional rights by opening his legal mail outside of his presence. … This contention has merit. 13 A government official who performs discretionary functions is entitled to qualified immunity "unless the official's conduct violates clearly established statutory or constitutional rights of

Emma Monica v. Bryan Williams

Court of Appeals for the Ninth Circuit · May 27, 2020

The district court properly granted summary judgment to the defendants based on qualified immunity on Monica’s Fourth Amendment claims involving the initial traffic stop. … Williams’s conduct did not violate a clearly established right. See Ashcroft v. al-Kidd, 563 U.S. 731, 735 (2011) (explaining two-part test for qualified immunity).

Royce Williams v. Nicole Stolar

616 F. App'x 253 · Court of Appeals for the Ninth Circuit · Sep 4, 2015

Summary judgment was properly granted to Stolar and Fisher because they were entitled to qualified immunity, as it would not have been clear to every reasonable social worker and police officer that the removal of Williams … Ct. 2074, 2080, 2083 (2011) (explaining two-part test for qualified immunity); see also Wallis v.

United States v. Edmond Khaton

40 F.3d 309 · Court of Appeals for the Ninth Circuit · Nov 16, 1994

The government argues that Khaton waived all rights to appeal his sentence; however, the qualifier “within the discretion of the district judge” suggests that Khaton retained some appeal rights. … Chapters II (Offense Conduct) and IV (Criminal History and Criminal Livelihood) of the Guidelines establish the baseline parameters for determining the sentence for any given defendant’s offense.

National Audubon Society, Inc. v. Davis

307 F.3d 835 · Court of Appeals for the Ninth Circuit · Sep 24, 2002

Thus, Audubon’s claims are clearly ripe for decision under Article III. … We stated there, “[e]eo-nomic injury is clearly a sufficient basis for standing.

Jenkins v. County of Riverside

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

Thus, the court may reconsider previously decided questions in cases in which there has been an intervening change of controlling authority, new evi- dence has surfaced, or the previous disposition was clearly … Because she established that she was a de facto regular employee under the Ordinance, she had a property right in continued public employment under the Fifth and Fourteenth Amendments.

Fred Berre Douglas v. Jeanne S. Woodford, Warden, of Rswl California State Prison at San Quentin

316 F.3d 1079 · Court of Appeals for the Ninth Circuit · Jan 24, 2003

This finding is not clearly erroneous. … On these facts, we cannot say the district court clearly erred when it determined that Douglas would not submit to further psychological testing.

Westwood Apex v. Contreras

644 F.3d 799 · Court of Appeals for the Ninth Circuit · May 2, 2011

By using a word with an established meaning, Congress produces the established result. Id. at 917 . … Given the care Congress took to modify the three established legal principles discussed above, we cannot conclude that Congress also intended to modify the original defen *807 dant rule — another established legal principle

Lidia Gonzalez v. County of Los Angeles

Court of Appeals for the Ninth Circuit · Sep 13, 2023

Although the district court granted summary judgment on the ground that the force employed here was reasonable as a matter of law, we affirm on the alternative ground of qualified immunity. … Howell, 73 F.4th 1016 (9th Cir. 2023), the amendments are not material to the analysis here. 4 Defendants are entitled to qualified immunity on these claims. 4.

Kingman Reef Atoll v. United States

Court of Appeals for the Ninth Circuit · Sep 4, 2008

[2] The QTA’s waiver of sovereign immunity is subject to numerous exceptions and restrictions, including a statute of limitations. Section 2409a(g) provides:  KINGMAN REEF v. … Supp. 2d at 1114 n.11, and this conclusion is not clearly erroneous.

Solis-Espinoza v. Gonzales

Court of Appeals for the Ninth Circuit · Mar 22, 2005

INS, 232 F.3d 1159, 1166 (9th Cir. 2000) (an illegitimate child must establish a blood relation- ship with a citizen parent to establish citizenship).” … No. 85-1199, pt. 2 (1957), reprinted in 1957 U.S.C.C.A.N. 2016, 2020 (observing that the “legislative his- tory of the Immigration and Nationality Act clearly indicates that Congress intended to provide for a liberal treatment

United States Department of Interior, Bureau of Indian Affairs v. Federal Labor Relations Authority

887 F.2d 172 · Court of Appeals for the Ninth Circuit · Mar 20, 1989

The statutory scheme for the payment of prevailing wage employees was qualified by the recognition that there were specific groups of blue-collar employees who historically had set their wages through established collective … ANALYSIS An internal dispute between two parties of the federal establishment are presented to us for resolution.

United States v. Mejia-Pimental

Court of Appeals for the Ninth Circuit · Feb 26, 2007

. § 841(b)(1)(A) establishes a ten-year minimum sentence for conspiracy to distribute heroin and possession of heroin with intent to dis- tribute in violation of 21 U.S.C. § 841(a). 4 Mejia-Pimental’s uncle, Cristino … He failed to respond to a proffer letter sent by the government outlining the terms that would apply (e.g. limited immunity) if he provided additional information.

Metro Publishing, Ltd., a California Partnership v. San Jose Mercury News, a California Corporation

987 F.2d 637 · Court of Appeals for the Ninth Circuit · Mar 8, 1993

The racks are of the same type and located in the same sorts of establishments as Metro’s racks. … We can reverse the denial only if we find that the district court abused its discretion or based its decision on an erroneous legal standard or on clearly errone *640 ous findings of fact. Id.

Arnold Davis v. Guam

932 F.3d 822 · Court of Appeals for the Ninth Circuit · Jul 29, 2019

It does not qualify the meaning of “vote” in any way. … Just as clearly the Amendment excludes social or business clubs.” Id. at 468–69.