Case law

Adams v. Johnson

355 F.3d 1179 · Court of Appeals for the Ninth Circuit · Jan 22, 2004

The district court granted this motion, concluding that the federal defendants were entitled to qualified immunity, because of the district court’s view that the facts alleged in the complaint did not show any violation of … However, our precedent makes clear that the right to sue as established by Bivens is qualified and is not absolute.

United States v. Lecharles Baldon

Court of Appeals for the Ninth Circuit · Apr 21, 2020

United States, 495 U.S. 575 (1990), to determine whether a state conviction qualifies as a crime of violence under U.S.S.G. § 4A1.1(e). See id. … The government argues that Baldon has not established a “realistic probability” that a section 215 violation would be based on or include fear of injury to property. See Gonzales v.

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

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.

Anthony Wright v. Paul Penzone

Court of Appeals for the Ninth Circuit · Mar 17, 2022

To overcome qualified immunity, 4 Wright must show, first, that the officers violated his constitutional rights and, second, that those rights were clearly established at the … Wright maintains that his right not to be punished as a pretrial detainee was clearly established, but the appropriate inquiry is whether it was clearly established that a substantive due process violation would result

Consolidated Freightways, Inc. v. Commissioner

708 F.2d 1385 · Court of Appeals for the Ninth Circuit · Jun 17, 1983

The first is whether appellant Consolidated Freightways’ truck loading docks qualify for an investment tax credit. … Our review of the record indicates that the Tax Court’s finding is not clearly erroneous, and we therefore decline to disregard it. .

United States v. Alexander Herbert Luscier, Jr.

983 F.2d 1507 · Court of Appeals for the Ninth Circuit · Jan 20, 1993

The district court clearly erred in ruling that the evidence supported departure. … We hold, therefore, that the district court’s finding that the evidence supported departure was clearly in error.

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

United States v. Robbin Lee Coleman

707 F.2d 374 · Court of Appeals for the Ninth Circuit · May 16, 1983

In return for immunity, Nuess agreed to cooperate and was outfitted with a hidden recorder. … Furthermore, even if we were to consider counsel’s conduct to be inadequate, Coleman cannot establish that he was prejudiced.

Dollonne v. Ventura Unified School District Ex Rel. Its Officials

440 F. App'x 533 · Court of Appeals for the Ninth Circuit · Jun 24, 2011

A district court’s decision to grant qualified immunity, including whether the rights at issue were clearly established at the time of the events, is reviewed de novo. See Elder v. Holloway, 510 U.S. 510, 516 (1994). … Nevertheless, the individual employees are entitled to qualified immunity, because, at the time of the events in question, no clearly established law would have given school officials notice that their conduct violated

Mendenhall v. National Transportation Safety Board

92 F.3d 871 · Court of Appeals for the Ninth Circuit · Aug 8, 1996

FAA Order 2150.3A, Compliance and Enforcement Program, establishes policies and procedural rules to be followed in enforcement actions. … This certificate clearly states the date of issuance as “5/16/92.”

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.

Compassion In Dying v. State Of 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.

Royse v. Superior Court

779 F.2d 573 · Court of Appeals for the Ninth Circuit · Feb 21, 1986

Avery, 393 U.S. 483 , 89 S.Ct. 747 , 21 L.Ed.2d 718 (1969); Ex parte Hull, 312 U.S. 546 , 61 S.Ct. 640 , 85 L.Ed. 1034 (1941). 9 The Supreme Court has established a two-part test to review censorship of prison mail. … We reject this claim as clearly frivolous

Balen v. Holland America Line Inc.

583 F.3d 647 · Court of Appeals for the Ninth Circuit · Oct 2, 2009

Balen has failed to establish that he could not pursue any of his statutory claims in an arbitration proceeding in the Philippines. … The record clearly establishes that the parties’ agreement arises out of a legal relationship that is commercial.

Gonzalez v. Brown

585 F.3d 1202 · Court of Appeals for the Ninth Circuit · Oct 30, 2009

To qualify as clearly established federal law, the Supreme Court need not apply a rule to a fact pattern precisely identical to this case. Panetti v. … Batson was clearly established law in 2001, when the California Court of Appeal decided Gonzalez’s appeal.

In Re California Trade Technical Schools, Inc.

923 F.2d 641 · Court of Appeals for the Ninth Circuit · Jan 10, 1991

Sec. 547 . 14 Nonetheless, not all of the $372,254.44 transferred to DOE from the FIB account on May 20, 1983 is necessarily immune from the trustee's avoidance powers. … CONCLUSION 23 The bankruptcy court erred in holding that the funds in the FIB account could be considered trust funds only if they qualified under the tracing requirement.

Morales-Garcia v. Holder

Court of Appeals for the Ninth Circuit · Jun 3, 2009

crime of conviction at issue can qualify as a CIMT under the modified categorical approach. … See Quintero-Salazar, 506 F.3d at 694 (“Under the modified categorical approach we examine documentation or judicially noticeable facts that clearly establish that the conviction is a predicate conviction for removal purposes

Equal Employment Opportunity Commission v. United Parcel Service, Inc.

306 F.3d 794 · Court of Appeals for the Ninth Circuit · Sep 20, 2002

of a thing; essential,” 122 S.Ct. at 691 (quoting Webster’s Third New International Dictionary 2280 (1976) and 17 Oxford English Dictionary 66-67 (2d ed. 1989)), the Court concluded that “[t]he word ‘substantial’ .thus clearly … In any event, taking all of the evidence as a whole, the EEOC contends that the findings were not clearly erroneous.

United States v. Paulo Lara

Court of Appeals for the Ninth Circuit · Mar 3, 2016

The Eleventh Circuit “had long read Belton to establish a bright-line rule authorizing substantially contemporaneous vehicle searches incident to arrests of recent occupants.” Id. at 2426 (citing United States v. … If the question were qualified immunity, the fact that the precedent is unclear would protect an individual officer from damages. See Saucier v. Katz, 533 U.S. 194, 205 (2001).