Case law

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.

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.

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

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.

97 Cal. Daily Op. Serv. 6013, 97 Daily Journal D.A.R. 9887 United States of America v. Julio Cesar Ramos-Oseguera, AKA Jesse Sotero Ramos-Oseguera, AKA Placo Maria De Lourdes Reyes-Sandoval, AKA Ana Roberto Ramirez, AKA Carlos Montoy, AKA Prado Samuel Robles-Lopez

120 F.3d 1028 · Court of Appeals for the Ninth Circuit · Jul 30, 1997

The government did not call the one witness, however, who could establish the § 924(c) violations, because it became apparent that the witness would invoke his Fifth Amendment right not to incriminate himself. … as a result of the government's failure to grant them immunity on its own. 40 Immunity is an executive, not a judicial, function, and this court has emphatically rejected the argument that the sixth amendment provides a

California Ass'n of Physically Handicapped, Inc. v. Federal Communications Commission

721 F.2d 667 · Court of Appeals for the Ninth Circuit · Dec 8, 1983

For the reason discussed below, CAPH cannot legally qualify as a prevailing party under Section 505(b). In Fitzharris v. … The Supreme Court’s decision in Gottfried clearly states that the FCC is not a funding agency and therefore has no obligation to enforce Section 504. See discussion of Section 504 in text above. .

Walter SMITH, Plaintiff-Appellant, v. SINGER COMPANY, Defendant-Appellee

650 F.2d 214 · Court of Appeals for the Ninth Circuit · Oct 6, 1982

Appellant contends that he should have been granted a hearing to establish that Singer’s reasons for firing him were pretextual, arguing that he would have been fired whether he denied authorship of the complaints or not. … If § 2000e-3(a) gives him the right to make himself an adversary of the company, then so long as he does not give nonprivileged cause for dismissal he is forever immune from discharge.

Chris Rowenhorst v. Viola Mitchell Tracy L. Brown

981 F.2d 1259 · Court of Appeals for the Ninth Circuit · Dec 28, 1992

The district court dismissed the action on the grounds that Rowenhorst failed to allege either a violation of a clearly established constitutional right, or a claim sufficient to overcome the defendants' qualified immunity … "Unless the plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery." Mitchell v.

Jones Enterprises, Inc., a Corporation, and Western, Ltd., a Corporation, Comprising a Joint Venture Known as Jones-Western, Appellee-Respondent v. Atlas Service Corporation, a Corporation, and Atlas Prestress, Inc., A/K/A Atlas Prestressing Co., a Corporation, Appellants-Petitioners. Jones Enterprises, Inc., Etc. v. Empire Prestress, Inc. Jones Enterprises, Inc., Etc. v. T.Y. Lin & Associates, Inc

442 F.2d 1136 · Court of Appeals for the Ninth Circuit · Apr 7, 1971

Appellants contend that they are immune from the assertion of in personam jurisdiction in Alaska, because none had sufficient contacts with Alaska to render it amenable to substituted process. 2 The action arises from the … Although its effects were clearly felt in Hawaii, the alleged wrongful conduct took place outside of the forum.

Xin Liu v. Amway Corporation Does 1-50 Inclusive

347 F.3d 1125 · Court of Appeals for the Ninth Circuit · Oct 30, 2003

Under DOL regulations, the mischaracterization of Liu’s FMLA leave as personal leave qualifies as “interference” with her leave. … Stevenson established a set of requirements that a policy must satisfy to support a tortious discharge claim. First, the policy must be supported by either constitutional or statutory provisions.

Edwards v. High Desert State Prison

615 F. App'x 457 · Court of Appeals for the Ninth Circuit · Sep 2, 2015

Edwards’s search involved far different circumstances and occurred in 2009, when the constitutionality of occasional cross-gender observation of searches was not clearly established. … The female guard is therefore entitled to qualified immunity from liability. Pearson v. Callahan, 555 U.S. 223, 231 (2009). We need not and do not consider the underlying Fourth Amendment question.

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

97 Cal. Daily Op. Serv. 3379, 97 Daily Journal D.A.R. 5849 Barbara Moore v. Dan Glickman, Secretary of Agriculture, Dan Shaw, Thomas Von Garlem, Larry Fleming, Charles Matthews, Pablo R. Reyes, Diane Bowman Friend, Ken White, John Smythe, Floyd Cotton, Ralph Thompson, Freddie Lee, and John Wright Moore

113 F.3d 988 · Court of Appeals for the Ninth Circuit · May 7, 1997

The ASCS was established pursuant to the Soil Conservation and Domestic Allotment Act, Pub.L. No. 46, 49 Stat. 163 (1935). … Defendants filed a motion for summary judgment, asserting that there were "special factors" that precluded the judicial creation of a Bivens remedy and that defendants were entitled to either qualified or absolute immunity

United States v. Garcia-Benavides

49 F. App'x 686 · Court of Appeals for the Ninth Circuit · Oct 16, 2002

Garcia-Benavides argues that the district court erred in concluding that his 1989 conviction under California Health and Safety Code § 11351 qualified as an aggravated felony. … establish that the conviction is a predicate conviction for enhancement purposes.’ ” United States v.

Underwood v. Pierce

761 F.2d 1342 · Court of Appeals for the Ninth Circuit · May 23, 1985

cost of living or a special factor, such as the limited availability of qualified attorneys for the proceedings involved, justifies a higher fee____ The district court concluded that a fee in excess of $75 per hour was warranted … We must consider carefully the scope of the government’s waiver of its sovereign immunity. We cannot order an award that has not been “specifically and unequivocally authorized by Congress.” Van Hoomissen v.

Jonathan Knotts v. Ray Carreira

511 F. App'x 665 · Court of Appeals for the Ninth Circuit · Mar 18, 2013

The officers therefore are entitled to -2- qualified immunity with regard to the search. See Burrell v. … Because the officers reasonably believed they had probable cause to arrest Knotts for possessing an illegal weapon, they are entitled to qualified immunity.

Tiffany Hill v. Xerox Business Services

868 F.3d 758 · Court of Appeals for the Ninth Circuit · Aug 7, 2017

9 hourly workers a ‘per-minute’ rate and thereby avoid the Washington law governing workers paid on a per-hour rate.”6 There is certainly merit to this argument; defining a unit of production as a minute is clearly … These documents hardly establish an industry standard, but they do nominally support the idea that compensating employees on a per-minute basis arises out of the unique situation facing call centers.

American Fidelity Fire Insurance v. United States District Court

538 F.2d 1371 · Court of Appeals for the Ninth Circuit · Jun 18, 1976

The government first contended that it had not waived its immunity to be sued in the state or district court. … When a district court rules on a venue change motion totally at odds with the relevant facts, it may make sense to review the decision on the basis whether it is clearly erroneous or an abuse of discretion.