Case law

Richard McAlindin v. County of San Diego Rudolph Tamayo Edward Baker Gabriel Rodriguez Does, One Through 50, Inclusive

192 F.3d 1226 · Court of Appeals for the Ninth Circuit · Jan 18, 2000

This is certainly not a case in which the facts clearly demonstrate an undue burden, thereby making summary judgment appropriate. … The County claims, however, that McAIindin has not established the second element.

American Tunaboat Ass'n v. Brown

67 F.3d 1404 · Court of Appeals for the Ninth Circuit · Oct 10, 1995

Congress clearly did not intend for such a situation to occur for several reasons. … As such, it more than qualifies as a “permissible construction.” Chevron, supra, 467 U.S. at 843, 104 S.Ct. at 2782 . 3.

Campbell v. United States

809 F.2d 563 · Court of Appeals for the Ninth Circuit · Feb 3, 1987

In addition, the relevant passages in the act’s legislative history — passages that clearly refer to other, better-known provisions of the FCIA (which established the Court of Appeals for the Federal Circuit and the Claims … SOVEREIGN IMMUNITY The government argues that its proposed construction of the FCIA’s post-judgment interest provision is required because waivers of sovereign immunity must be strictly construed. 10 See Ruckelshaus v.

In Re Basil N. Spirtos, Debtor. Basil N. Spirtos v. Irene Moreno

992 F.2d 1004 · Court of Appeals for the Ninth Circuit · May 11, 1993

In 1975, the corporation established two pension plans. Debtor was the administrator and major beneficiary of both plans. From 1975 to 1981, the plans loaned $429,-805.16 to Debtor. … In a cogent decision it held that the bankruptcy court’s finding was not supported by the record and was clearly erroneous. In the meantime, Spirtos stripped the plans of their assets. DISCUSSION A. Mootness.

Jones v. Calderon

116 F. App'x 868 · Court of Appeals for the Ninth Circuit · Nov 18, 2004

Because the state court’s decision in this case was neither contrary to, nor an unreasonable application of, clearly established Supreme Court law, see 28 U.S.C. § 2254 (d), I respectfully dissent. … In reaching this conclusion, the state court emphasized that given the existence of three independent sources of information indicating that Jones had only one prior felony conviction that qualified as a “strike,” it was

United States v. James Dell Potter

616 F.2d 384 · Court of Appeals for the Ninth Circuit · Apr 24, 1980

The admission of this testimony clearly was not “plain error”. … These remarks clearly did not constitute plain error requiring a reversal. See, e. g., United States v.

United States v. Arthur Ronald Decatur

430 F.2d 365 · Court of Appeals for the Ninth Circuit · Jul 20, 1970

After receiving reports of further relay box pilferage, Postal Inspectors Peterson, Dawes, and Collier established a “stake-out” behind the apartment complex. … Here, Inspector Peterson clearly had such knowledge.

Sierra Club v. Whitman

268 F.3d 898 · Court of Appeals for the Ninth Circuit · Oct 2, 2001

Suits against the EPA, as against any agency of the United States, are barred by sovereign immunity, unless there has been a specific waiver of that immunity. Dept. of the Army v. … This report provides: 41 The purpose of the bill is to establish clear and enforceable requirements upon those activities which affect water quality.

United States ex rel. Rose v. Stephens Inst.

909 F.3d 1012 · Court of Appeals for the Ninth Circuit · Aug 24, 2018

To qualify for such funds, schools must comply with a number of statutory, regulatory, and contractual requirements. … Hendow and Escobar , therefore, are not clearly irreconcilable. Miller , 335 F.3d at 893 .

Jennifer Parenteau v. Raul Silva

593 F. App'x 733 · Court of Appeals for the Ninth Circuit · Feb 23, 2015

Summary judgment also was not appropriate on qualified immunity grounds because, construing the facts in favor of Parenteau, Tolan v. Cotton, 134 S. … Ct. 1861, 1863 (2014) (per curiam), no reasonable officer could have believed the entry was lawful in light of the clearly established law. II.

Osu Student Alliance v. Ed Ray

699 F.3d 1053 · Court of Appeals for the Ninth Circuit · Oct 23, 2012

Clearly there was no urgency and no reason to junk the bins instead of directing plaintiffs to remove them. … Perhaps they do not always know that their actions are unconstitutional (hence, the qualified immunity defense), but they do intend to take the violative action.

Branon v. Debus

289 F. App'x 181 · Court of Appeals for the Ninth Circuit · Aug 7, 2008

Gonzalez-Lopez thus clearly establishes that a § 1983 suit for wrongful denial of the right to be assisted by counsel of one’s choice — the basis of Branon’s complaint — is subject to the Heck rule. … To qualify as a citizen of a particular state for the purposes of diversity jurisdiction, a person must be a citizen of the United States and domiciled in the particular state. Kanter v.

United States v. Susan Doris Phillips, A/K/A Cheryl Olson, A/K/A Susan Doris Herbst

606 F.2d 884 · Court of Appeals for the Ninth Circuit · Oct 17, 1979

Applying this standard, the false social security number and false birth date are clearly material, for a potential creditor evaluating the appellant’s credit application would be likely to make some investigation into her … But, as the very cases imposing the requirement made clear, materiality is readily established.

Huffman v. Jpmorgan Chase Bank, N.A.

Court of Appeals for the Ninth Circuit · Feb 12, 2026

By July 2021, Goodman knew that the funds in the account consisted entirely of direct-deposited Social Security benefits that were immune from garnishment. … An error resting on a plainly incorrect view of settled law cannot qualify as bona fide within the meaning of § 1692k(c). See Kaiser v. Cascade Cap., LLC, 989 F.3d 1127, 1138–40 (9th Cir. 2021).

United States v. Jerry Lee Morgan, Cross-Appellee

238 F.3d 1180 · Court of Appeals for the Ninth Circuit · Jan 31, 2001

Defendant’s argument establishes only that he disagrees with the district court’s assessment of the evidence. But we are reviewing for clear error, and the district court’s findings are not clearly erroneous. III. … That finding is not clearly erroneous.

Carol N. Cooper, an Individual v. Neiman Marcus Group, a Delaware Corporation, Susan B. Zegers, an Individual, Maria Dempsey Rebolledo, an Individual

125 F.3d 786 · Court of Appeals for the Ninth Circuit · Dec 4, 1997

Her condition worsened from June to December and she began to notice that her speech was slurred more *788 often and that she was unable to enunciate clearly. … In order to prevail on a claim of unlawful discharge under the ADA, the “plaintiff must establish: (1) that he is a disabled person within the meaning of the ADA; (2) that he is qualified, that is with or without reasonable

John Watkins v. Ameripride Services, Dba Ameripride Uniform Services

375 F.3d 821 · Court of Appeals for the Ninth Circuit · Jul 6, 2004

This finding was not clearly erroneous. Following Watkins’ wrist surgery, he underwent physical therapy to strengthen his wrist and continued to follow prescribed exercises. … No other vacant positions were available for which Watkins was qualified. 4 Ameripride also accommodated Watkins in other ways.

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.

Derris Hurth v. County of Los Angeles

Court of Appeals for the Ninth Circuit · Jan 5, 2018

Unlawful Arrest Claim The district court correctly granted summary judgment on the basis of qualified immunity on the unlawful arrest claim because the law was not clearly established to the requisite standard. … This is the antithesis of clearly established law.

Gilbertson v. Albright

381 F.3d 965 · Court of Appeals for the Ninth Circuit · Sep 3, 2004

Katz, 533 U.S. 194 , 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001) (holding that the first step in qualified immunity analysis is to determine whether the conduct complained of violates the Constitution). … See Saucier, 533 U.S. at 200, 121 S.Ct. 2151 (holding that courts ruling on a qualified immunity issue must first determine whether a constitutional violation has occurred). 43 Applying the Middlesex factors, there is no