Case law

Dalton v. Washington State Department of Corrections

344 F. App'x 300 · Court of Appeals for the Ninth Circuit · Jun 18, 2009

Even if we assume that Robinson did know, Dalton failed to provide more than “mere evidence” that Robinson was aware of his future testimony, which is required in order to establish a genuine material dispute as to whether … We remand the issue of qualified immunity, “which should be addressed by the district court in the first instance.” Swift v. California, 384 F.3d 1184, 1193 (9th Cir.2004). Each party to bear their own costs on appeal.

United States v. Real Property At 2659 RoundHill DR.

194 F.3d 1020 · Court of Appeals for the Ninth Circuit · Oct 15, 1999

Finally, the purchasers argued that they were “innocent owners” and thus immune from forfeiture proceedings under § 881(a)(6). … That is clearly not the case here. The appellants argue that, even if the government did not formally abandon the real property, certain of its actions constitute waiver and/or estoppel.

Henzel Properties, Ltd. v. Roger Patterson

204 F.3d 1206 · Court of Appeals for the Ninth Circuit · Jan 28, 2000

The intended beneficiary need not be specifically or individually identified in the contract, but must fall within a class clearly intended by the parties to benefit from the contract. See id. … Accordingly, we hold that the district court did not err in granting PacifiCorp immunity from suit in implementing Reclamation's 1997 plan, as PacifiCorp does not control the Dam. 2.

United States v. Fernando S. Forfari

268 F.2d 29 · Court of Appeals for the Ninth Circuit · Jun 8, 1959

Johnson, 1942, 316 U.S. 481 , 62 S.Ct. 1168 , 86 L.Ed. 1611 , held that Army post exchanges were arms of the federal government and as integral parts of the War Department partook of its immunity under the federal Constitution … The legislative history of this Act 7 clearly shows that the Act was passed to allay the doubts raised by the Standard Oil case, supra,- as to whether or. not the various Civil Service laws and regulations were applicable

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.

Clifton Pleasant, Jr. v. Humberto Miranda

Court of Appeals for the Ninth Circuit · Jun 27, 2022

We also review de novo a district court’s determination on qualified immunity. Id. at 1270. … Nor, as part of the qualified immunity determination, was the constitutional right alleged by Junior “clearly established at the time of the alleged misconduct.” Hernandez, 897 F.3d at 1132 (quoting Maxwell v.

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.

Max Anderson v. City of Bainbridge Island

472 F. App'x 538 · Court of Appeals for the Ninth Circuit · Mar 21, 2012

I would also reverse the district court’s decision that the officers were entitled to qualified immunity. … The excessive force standard is clearly established such that a reasonable official would have known his or her actions were not lawful. Saucier v.

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

Richard Arlen Badger v. United States

322 F.2d 902 · Court of Appeals for the Ninth Circuit · Nov 13, 1963

Moreover, the registrant bears the burden of clearly establishing an exemption. Reviewing courts may insist, however, that there be some proof that is incompatible with the registrant’s proof of exemption. … month for a 40 hour week. 4 . “(1) The term ‘duly ordained minister of religion’ means a person who has been ordained, in accordance with the eere•monial, ritual, or discipline of a church, religious sect, or organization established

Long v. Hannigan

990 F.2d 1258 · Court of Appeals for the Ninth Circuit · Mar 15, 1993

The district court did not err in granting the inspecting officers qualified immunity from liability under 42 U.S.C. § 1983 . … that the search violated California's "clearly established" constitutional rights.

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

Seth Rosenfeld v. United States Department of Justice the Federal Bureau of Investigation

57 F.3d 803 · Court of Appeals for the Ninth Circuit · Jun 12, 1995

The government bears the burden of establishing the applicability of the exemption. Department of Justice v. Landano, — U.S. -, -, 113 S.Ct. 2014, 2019 , 124 L.Ed.2d 84 (1993). … It is also easy to prove: “The FBI need only establish the informant was told his name would be held in confidence.” Id.

Randall L. Beisler and Judith K. Beisler v. Commissioner of Internal Revenue

814 F.2d 1304 · Court of Appeals for the Ninth Circuit · Apr 9, 1987

Section 105(a) establishes the general rule that amounts received from employer-funded health and accident plans are includable in the employee’s gross income. … Beisler’s benefit payments necessarily fail to qualify for exclusion under section 105(c)(2).

Richard Robert Radcliffe Charles Melvin Taylor Andrew Slivka, Jr. Jay Streets v. Rainbow Construction Company, a Partnership Peter A. Richardson Douglas v. Anderson Clifford Michael McClure Melon L. Chichester James W. Lambert Christian Hans Weissleder Ukiah Unified School District Jack Daniels, Individually in His Personal Capacity, and as Assistant Superintendent of Schools and Consultant to the Ukiah Unified School District, Richard Robert Radcliffe Charles Melvin Taylor Andrew Slivka, Jr. Jay Streets v. Rainbow Construction Company, a Partnership Peter A. Richardson Douglas v. Anderson Clifford Michael McClure Melon L. Chichester James W. Lambert Christian Hans Weissleder Mendocino County Susan Massini, Individually in Her Personal Capacity Allen F. Bazzani, Individually in His Personal Capacity and as Manager of Building & Grounds of the County of Mendocino Jack Daniels, Individually in His Personal Capacity, and as Assistant Superintendent of Schools and Consultant to the Ukiah Unified School District

254 F.3d 772 · Court of Appeals for the Ninth Circuit · Jun 13, 2001

This argument is clearly insufficient when applied to the governmental defendants. … To the extent that the plaintiffs' § 1983 claim is based on an alleged violation of their rights under § 7 of the NLRA, therefore, it qualifies as an ordinary subject of unfair labor practice proceedings before the National

Michael v. Stuhff v. Los Vegas Metropolitan Police Department

983 F.2d 1077 · Court of Appeals for the Ninth Circuit · Jan 13, 1993

The district court denied the defendants' motion for summary judgment on the basis of qualified immunity. 3 Qualified immunity is appropriate if "a reasonable officer could have believed [Stuhff's arrest] to be lawful, in … Was the law clearly established at the time of the incident? If so, in light of the clearly established law, could a reasonable officer have considered the arrest lawful?

Mack ex rel. Palace Jewelry & Loan Co. v. Kuckenmeister ex rel. Estate of Mack

619 F.3d 1010 · Court of Appeals for the Ninth Circuit · Jul 22, 2010

It requires pension plans to “establish reasonable procedures to determine the qualified status of domestic relations orders and to administer distributions under such qualified orders.” 29 U.S.C. § 1056 (d)(3)(G)(ii). … Darren Mack’s filing in the district court is clearly labeled as both an answer and a cross-claim, clearly structured as such, and clearly includes the factual basis for his legal claim to the interpleaded funds.

Gopher Media LLC v. Melone

Court of Appeals for the Ninth Circuit · Oct 9, 2025

We characterized California’s anti-SLAPP statute “in the nature of immunity” and reasoned that the denial of an anti-SLAPP motion should be immediately appealable for the same reasons that a denial of an immunity defense … But those rules do not control, as they establish no entitlement to a claim for attorneys’ fees. See Fed. R. Civ. P. 12, 56.

Johnson v. Transportation Agency

770 F.2d 752 · Court of Appeals for the Ninth Circuit · Dec 4, 1984

Enforcing it to change the male-female ratio in the skilled trades from 238 to zero, to 237 to one, clearly falls on the attainment side of the line. … Pursuant to the Agency plan, Joyce’s sex was viewed as an additional positive factor in an otherwise qualified candidate.