Case law

Equal Employment Opportunity Commission v. Fremont Christian School

781 F.2d 1362 · Court of Appeals for the Ninth Circuit · Feb 3, 1986

However, we conclude that Congress has clearly expressed the intention that Title VII apply to the present circumstances. … The Establishment Clause Fremont Christian also contends that the injunction granted pursuant to Title VII violates the establishment clause of the First Amendment because it creates excessive government-church entanglements

Jones v. Bradley

590 F.2d 294 · Court of Appeals for the Ninth Circuit · Feb 20, 1979

The ULC as a Religion 4 It is clearly impermissible to inquire into the "truth" of religious doctrines or beliefs. United States v. Ballard, 322 U.S. 78 , 64 S.Ct. 882 , 88 L.Ed. 1148 (1944). … Under the standards of these cases, the ULC probably would not qualify as a religion. Expert testimony heard by the district court also urged this conclusion. But see Remmers v.

Townsend v. Benavente

339 F.2d 421 · Court of Appeals for the Ninth Circuit · Dec 16, 1964

Likewise, viewed as a factual resolution, the result does not appear clearly erroneous. … Notes: 1 The nut is indigenous to Guam, freely available, and equivalent in size to a small plum 2 The doctrine of charitable immunity was not raised in this case 3 Derivative liability of an insurer may be established in

Sardi's Restaurant Corporation, Sardi's Restaurant Services, Inc., and Vincent Sardi v. Lyle Sardie and Western Pubs, Inc.

755 F.2d 719 · Court of Appeals for the Ninth Circuit · Mar 12, 1985

Moreover, although the use of one's surname is not a "defense" to a trademark infringement action, courts generally allow the use of one's own name if reasonable precautions are taken: 30 The concept that there should be some qualified … More importantly, even if appellant had clearly established his right to exclusive use of the mark, that is only relevant to the likelihood of success or the existence of serious issues on the merits.

Jacques Melek v. Erick Kohler Elsie Holtz

66 F.3d 335 · Court of Appeals for the Ninth Circuit · Sep 1, 1995

Because we conclude that the district court properly concluded that defendants were entitled to qualified immunity, we affirm the grant of summary judgment. 5 Public employees are entitled to qualified immunity when they … Bagley, 988 F.2d 868, 871 (9th Cir.1993), we adopted a two-tiered analysis for determining whether a public officer is entitled to qualified immunity: (1) Was the law governing the official's conduct clearly established?

Mitchell Fields v. Cheryl Burson

606 F. App'x 340 · Court of Appeals for the Ninth Circuit · May 28, 2015

There is no clearly established law that a prisoner 3 should be released from ad seg immediately upon the prison’s learning of the presence of a hostile guard. … Even if Fields could establish a violation of his rights, the defendants would be entitled to qualified immunity. See id. Fields’s unopposed motion to take judicial notice is granted.

Wallace Levan Griffey v. Gary Lindsey, Warden

345 F.3d 1058 · Court of Appeals for the Ninth Circuit · Sep 26, 2003

Griffey cannot show that any of the state court decisions addressing the photographic lineup were “contrary to” or “involved an unreasonable application” of clearly established federal law. 28 U.S.C. § 2254 (d)(1). … Even if some prejudice could be found on these facts, we cannot say the California courts’ rejection of Griffey’s claims was “contrary to” or an “unreasonable application” of clearly established federal law.

John H. Troutwine and Kerry E. Troutwine v. Nevada County

990 F.2d 1261 · Court of Appeals for the Ninth Circuit · Mar 24, 1993

Creighton, 483 U.S. 635 (1987), an official is entitled to qualified immunity if a reasonable officer in his position could have believed Troutwine's warrantless arrest was lawful, in light of clearly established law. … Because the question of qualified immunity "should be determined by the district court at the earliest possible point in the litigation," we stated that whether the law governing the conduct at issue is clearly established

Samsonov v. Ashcroft

100 F. App'x 660 · Court of Appeals for the Ninth Circuit · Jun 3, 2004

Samsonov clearly endured physical and economic assaults on his life and business. See Navas v. … The attackers who abducted him were clearly motivated by his publication of his father’s anti-government manuscript.

California Dental Association v. Federal Trade Commission

224 F.3d 942 · Court of Appeals for the Ninth Circuit · Sep 5, 2000

CDA is organized as a nonprofit corporation under California law and qualifies for nonprofit status under I.R.C. § 501(c)(6). … Specific groups who qualify for the discount or any other terms and conditions or restrictions for qualifying for the discount.

Samuel Stephens, Jr. v. U.S. Railroad Retirement Board

704 F.3d 587 · Court of Appeals for the Ninth Circuit · Nov 21, 2012

The Board ruled the petitioner, Samuel Stephens, did not qualify because during three out of the 30 years preceding his application, he worked at three menial jobs. … The regulations focus on the amount of earnings that would presumptively, but not conclusively, establish gainful activity when the claimant received them.

Cornhusker Casualty Insurance v. Kachman

514 F.3d 982 · Court of Appeals for the Ninth Circuit · Jan 30, 2008

The district court granted Cornhusker’s motion for summary judgment and denied Samples’ cross-motion for summary judgment, holding that as a matter of law certified mail satisfies the “mailed” requirement established in RCW … Unlike RCW § 48.18.290, the statutes involved in Marriage of McLean and Baker clearly classified certified mail as “mail,” but these cases nevertheless hold, contrary to what Samples argues, that certified mail is effective

Feeley v. Woods, Housing Expediter

190 F.2d 228 · Court of Appeals for the Ninth Circuit · Jul 23, 1951

From a stipulation of certain facts and other facts shown in the evidence the following matters and things were clearly established as facts. … In short, this 1948 Amendment 27 and the history of enforcement and interpretation of the Act clearly show that the Expediter had been using June 30, 1947 as the date determining whether housing accommodations could qualify

Anselmo Chavez v. Lockheed Missiles & Space Company, Inc.

53 F.3d 337 · Court of Appeals for the Ninth Circuit · Apr 26, 1995

Second, Chavez was not recommended to Keegan, did not apply for the position and failed to present evidence establishing Keegan was aware Chavez was qualified and available for the position. … In light of these facts, the district court's conclusion that Lockheed was not properly served is not clearly erroneous.

United States v. Harry E. Claiborne

765 F.2d 784 · Court of Appeals for the Ninth Circuit · Jul 8, 1985

In addition, one grand jury agent informally granted immunity to a grand jury witness. Id. … In addition, a defendant may rebut the Government’s proof of willfulness by establishing good faith reliance on a qualified accountant after full disclosure of tax-related information. Bursten v.

Trustees of the Directors Guild of America-Producer Pension Benefits Plans v. Tise

234 F.3d 415 · Court of Appeals for the Ninth Circuit · Dec 6, 2000

BERZON, Circuit Judge: This interpleader action requires us to interpret the scope of the Qualified Domestic Relations Order (“QDRO”) provisions of ERISA. … In Gen-dreau, the plan administrator determined that the first state court order submitted “did not qualify as a QDRO.” 122 F.3d at 819.

San Francisco County Democratic Central Committee v. Eu

826 F.2d 814 · Court of Appeals for the Ninth Circuit · Aug 18, 1987

Parties cannot qualify for the ballot unless they conform their operations to the statutory blueprint prescribed for one of the existing ballot-qualified parties. See Cal.Elec.Code § 9955. … The district court also ruled that the state had failed to challenge declarations establishing authorization to bring suit. Id.

United States v. Oliver

59 F.2d 55 · Court of Appeals for the Ninth Circuit · May 31, 1932

From the record there is no question but that the proof is sufficient to establish reinstatement of the $10,000 policy, as found by the jury; and we think it is likewise clearly shown by the photostatic copy of the change … There is likewise no apparent reason why the insured may not designate any qualified beneficiary for a part of the policy.

Stella Kodman, Individually and as Guardian Ad Litem for Matthew Dean Lane Matthew Dean Lane, a Minor v. The County of Merced Merced County Child Protective Services Bernard Martinez Shirley Corbin, Individually and as Agents and Employees of Merced County Child Protective Services John Cullen Melody Archer Hub Walsh, Individually and as the Managing Agents of Merced County Child Protective Services

95 F.3d 1157 · Court of Appeals for the Ninth Circuit · Aug 21, 1996

Kodman argues that the district court erred in finding that Corbin was entitled to qualified immunity. We review de novo the district court's grant of qualified immunity. Neely v. … Feinstein, 50 F.3d 1502, 1507 (9th Cir.1995). 4 Corbin is entitled to qualified immunity from suits under § 1983 if her official conduct " 'does not violate clearly established statutory or constitutional rights of which

David Demarest v. City of Vallejo

44 F.4th 1209 · Court of Appeals for the Ninth Circuit · Aug 16, 2022

Applying these standards, we take the following facts as established for purposes of this appeal. 6 DEMAREST V. … Because the court thus concluded that Officer Brown had not committed the alleged constitutional violations, it did not address the issue of qualified immunity or the additional issues concerning the City’s potential liability