Case law

Eagleston v. Rowley

172 F.2d 202 · Court of Appeals for the Ninth Circuit · Jan 7, 1949

Romig was excluded, there would still remain in the case sufficient medical evidence to persuade the court that appellee had suffered a frightful brain and head injury. *236 The evidence dearly establishes that as a result … The defense objected on the ground that the agent did not qualify as an “expert” to pass upon such a subject; also that such testimony was immaterial.

Mark MacKey v. Darren Meyer

675 F. App'x 705 · Court of Appeals for the Ninth Circuit · Jan 11, 2017

“The second prong of the qualified-immunity analysis asks whether the right in question was ‘clearly established’ at the time of the violation.” Id. at 1866 (quoting Hope v. … 5 law was clearly established at the time of the incident.

Oregon Right to Life v. Stolfi

Court of Appeals for the Ninth Circuit · Oct 31, 2025

ORTL’s religious motivations and beliefs are overt and long-established. … Indeed, it is rare to encounter a case with a Supreme Court case so clearly on point.

John Doe 1 v. Donald Trump

957 F.3d 1050 · Court of Appeals for the Ninth Circuit · May 4, 2020

Hawaii clearly allows the President to do what he did here in Proclamation No. 9945. … who “had qualified for entry under established immigration policy.”

United States v. Benjamin McChesney

871 F.3d 801 · Court of Appeals for the Ninth Circuit · Sep 11, 2017

Although there may be a plausible explanation for some of these inconsistencies, alternative theories do not render the district court’s factual findings clearly erroneous. … McChesney “has simply failed to establish that any contact has occurred, much less that any juror[] contact resulted in actual prejudice.” See United States v.

American Timber & Trading Co. v. First National Bank of Oregon

511 F.2d 980 · Court of Appeals for the Ninth Circuit · Nov 20, 1973

Second, we do not think that the ruling in the instant case qualifies for prospective application under the three-prong test established by the Supreme Court in Chevron Oil Co. v. … Nationwide surveys indicate that although the 365/360 method is used there is no definite, uniform, long-established custom.

Rick Eaton v. Mark Siemens

431 F. App'x 539 · Court of Appeals for the Ninth Circuit · May 4, 2011

Siemens and Urrutia sought summary judgment on the ground of qualified immunity, and the City sought summary judgment on the ground that Eaton lacked evidence to establish liability under Monell v. … Siemens and Urrutia argue that they are entitled to qualified immunity.

United States v. Brian Campbell

291 F.3d 1169 · Court of Appeals for the Ninth Circuit · Jun 3, 2002

“The district court abuses its discretion when it makes an error of law, or bases its conclusion on a clearly erroneous finding of fact.” Id. (citations omitted). … that he is otherwise qualified for the award under the law.”

Clark v. Lamarque

82 F. App'x 522 · Court of Appeals for the Ninth Circuit · Nov 10, 2003

established Federal law, as determined by the Supreme Court of the United States.” 28 U.S.C. § 2254 (d)(1); Lockyer v. … In any event, Clark does not qualify for either exception. . Because the conviction and sentence that Clark challenges were entered prior to the Supreme Court's decisions in Ewing v.

Narciso Edgardo Inciong Villena v. Immigration & Naturalization Service

622 F.2d 1352 · Court of Appeals for the Ninth Circuit · Jun 4, 1980

Conclusion The allegations of Villena’s original application for suspension of deportation and the evidence adduced at the hearing did not so clearly establish his claim (that deportation would result in extreme hardship … to qualified aliens from the Philippines with priority dates of January 1, 1978, or earlier.”

Leslie Feldman v. Arizona Sec'y of State's Ofc.

843 F.3d 366 · Court of Appeals for the Ninth Circuit · Nov 4, 2016

A Arizona law permits “[a]ny qualified elector” to “vote by early ballot.” Ariz. Rev. … Again, this finding is not clearly erroneous.

Ariana Mason v. Lvmpd

Court of Appeals for the Ninth Circuit · Jan 9, 2019

The district court granted summary judgment in favor of Izzo on the ground of qualified immunity. … “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Preferred Communications, Inc. Clinton Galloway Carl Galloway Perry Jr. Parks v. Susan Herman Edward J. Perez City of Los Angeles

8 F.3d 29 · Court of Appeals for the Ninth Circuit · Aug 30, 1993

Herman and Perez, sued in their capacities as city employees, enjoy qualified immunity under 42 U.S.C. § 1983 "insofar as their conduct [did] not violate clearly established ... rights of which a reasonable person would have … Therefore, the scheme's repugnance to the First Amendment was not "clearly established." Herman and Perez are entitled to qualified immunity. 6 2.

Joseph Antonetti v. Monin

453 F. App'x 722 · Court of Appeals for the Ninth Circuit · Oct 12, 2011

that he has asserted the violation of a clearly-established law. … Runnels, 554 F.3d 807, 815 (9th Cir. 2009) (“There is no question that an inmate’s Eighth Amendment right to adequate food is clearly established.”); see also Kentucky v.

Corpeno-Romero v. Garland

120 F.4th 570 · Court of Appeals for the Ninth Circuit · Oct 22, 2024

To qualify, a threat must be “so menacing as to cause significant actual suffering or harm.” Id. … The BIA clearly, if implicitly, considered Javi’s age and I know of no authority that requires the BIA to say it did so explicitly.

United States v. Claud Michael Kember

437 F.2d 534 · Court of Appeals for the Ninth Circuit · Apr 19, 1971

However, Kember did not seek a 1-0 classification during the eleven months that he was classified I-A and could not qualify for a II-S classification. … Callison, 433 F.2d 1024 (9th Cir. 1970), where we held that the record did not clearly establish that the Department’s recommendation was based upon the application of a legal standard. 4 .

United States v. Jody Myesha Orso

275 F.3d 1190 · Court of Appeals for the Ninth Circuit · Dec 28, 2001

Texas, 394 U.S. 324 , 89 S.Ct. 1095 , 22 L.Ed.2d 311 (1969) (distinguishing clearly investigatory questioning from questions designed to protect public safety). … Moreover, we held not only that the method under review violated the Constitution, but that the constitutional prohibition in this respect was so clearly established that a defense of qualified immunity was unavailing.

Edward D. Putty v. United States

220 F.2d 473 · Court of Appeals for the Ninth Circuit · Mar 10, 1955

Since the above holdings sufficiently establish that the conviction of Putty must be reversed, it is not necessary to consider other contentions of the parties. … The court shall direct that a sufficient number of legally qualified persons be summoned to meet this reqirement.” .

Maloney v. Western Cooperage Co.

103 F.2d 992 · Court of Appeals for the Ninth Circuit · May 13, 1939

Appellant’s position is that the qualifying clause is a reservation of the power to omit payment. The directors were cognizant of the financial condition of the company. … United States, 21 F.Supp. 173 , Ct.Cl., are clearly distinguishable on their facts. Other decisions relied on by appellee include Northwestern Marble & Tile Co. v.

Muhammed Abdullah v. U.S. Security Associates, Inc.

731 F.3d 952 · Court of Appeals for the Ninth Circuit · Sep 27, 2013

We review the district court’s findings of fact under the clearly erroneous standard, meaning we will reverse them only if 8 ABDULLAH V. U.S. SECURITY ASSOCIATES, INC. … The employer has the burden to “establish[] the facts that would justify an on-duty meal period.”