Case law

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.

Wilfredo Reyes v. Loretta E. Lynch

842 F.3d 1125 · Court of Appeals for the Ninth Circuit · Nov 30, 2016

However, Garay then qualified his statement by indicating that the government was most interested in individuals who have criminal records. … Holder, 600 F.3d at 1151–52 (holding that “returning Mexicans from the United States” are “too broad” to qualify as a particular social group); Lizama v.

Corder v. Howard Johnson & Co.

53 F.3d 225 · Court of Appeals for the Ninth Circuit · Jan 31, 1995

At trial, the plaintiff failed to prove that an ERISA plan had been established. … Neither case even discusses the issue of who must bring suit to qualify for attorney's fees under § 1132(g)(1). Howard Johnson & Co.'

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.

United States v. Margery Thayer Miller

331 F.2d 414 · Court of Appeals for the Ninth Circuit · Apr 8, 1964

She apparently was advised promptly that there was some fault on the part of the government, but she also had learned the historical concept of sovereign immunity: “You can’t sue your government.” … Miller discovered her rights, The Arizona court’s policy of liberalify for the injured workman is well established.

Nunies v. HIE Holdings, Inc.

908 F.3d 428 · Court of Appeals for the Ninth Circuit · Sep 17, 2018

," not a "qualified individual," and did not suffer an "adverse employment action." … Disability To set forth a prima facie disability discrimination claim, a plaintiff must establish that: (1) he is disabled within the meaning of the ADA; (2) he is qualified (i.e., able to perform the essential functions

Rodney Cable v. City of Phoenix

647 F. App'x 780 · Court of Appeals for the Ninth Circuit · Apr 7, 2016

Crofoot, 727 F.3d 983, 991 n.6 (9th Cir. 2013) (“Nominal damages must be awarded” if a constitutional violation is established even if “no actual injury is incurred or can be proven.”). … If a jury credits Cable’s version of events, Officer Tomek would also not be entitled to qualified immunity because it was already clearly established at the time the events took place that it would constitute excessive

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.

Valencia v. Terhune

48 F. App'x 269 · Court of Appeals for the Ninth Circuit · Oct 15, 2002

Furthermore, the agent’s suggestion does not qualify as outrageous conduct. Cf. United States v. … Because the state court’s decision was neither contrary to nor an unreasonable application of clearly established Federal law, nor was it based on an unreasonable determination of the facts, the district court properly dismissed

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.

Contreras v. City of Los Angeles

656 F.2d 1267 · Court of Appeals for the Ninth Circuit · Apr 9, 1981

We conclude that the district court’s finding that accountants failed to establish a prima facie case of discrimination was not clearly erroneous. … Rather, the civil service examination, as required by the City charter, ranks the applicants so that only the best qualified are hired.

Bullfrog Films, Inc. v. Charles Z. Wick, Director, United States Information Agency

847 F.2d 502 · Court of Appeals for the Ninth Circuit · May 17, 1988

This contention clearly fails for reasons stated in the preceding section of this opinion. … In conclusion, we hold that plaintiffs-ap-pellees clearly have standing to sue.

United States v. Markette Tillman

756 F.3d 1144 · Court of Appeals for the Ninth Circuit · Jun 30, 2014

“A petitioner need not establish all five factors, and we will weigh the factors together based on the facts of the individual case.” United States v. … The district court’s determination of an ethical violation, its disqualification order, and its referral to the state bar without giving Grele any notice or opportunity to be heard violated our clearly established law: “Ninth

Miller v. Blacketter

525 F.3d 890 · Court of Appeals for the Ninth Circuit · May 12, 2008

See Williams, 529 U.S. at 405-06 , 120 S.Ct. 1495 (explain-ing that a state court’s decision will be “contrary to” clearly established federal law where the state court “applies a rule that contradicts the governing law” … established federal law prohibits.

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.

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.

Christopher Ellington v. City of Mesa

Court of Appeals for the Ninth Circuit · Jun 14, 2019

The district court properly granted summary judgment on Ellington’s unlawful arrest claim on the basis of qualified immunity because defendants’ conduct did not violate clearly established rights. See Plumhoff v. … Rickard, 572 U.S. 765, 778-79 (2014) (defendants sued under § 1983 are entitled to qualified immunity unless they violated a right that was clearly established; “a defendant cannot be said to have violated a clearly established

Zhen Tau Liu v. Philip L. Waters, Acting District Director, Immigration and Naturalization Service

55 F.3d 421 · Court of Appeals for the Ninth Circuit · May 10, 1995

As a convicted armed robber, he categorically qualified for exclusion. … Liu next contends that the BIA abused its discretion by requiring him to establish rehabilitation as a prerequisite to obtaining a waiver of excludability, thereby departing from established policy that rehabilitation is

Maximo HILAO, Class Plaintiffs, Plaintiff-Appellee, v. ESTATE OF Ferdinand MARCOS, Defendant-Appellant

103 F.3d 767 · Court of Appeals for the Ninth Circuit · Dec 17, 1996

We reject the Estate’s argument that that decision was clearly erroneous and simply follow Estate II as the law of the circuit and of the case on the issue of abatement. III. … On appeal, this court found that the Republic was entitled to foreign sovereign immunity and vacated the district court’s order. See *772 Hilao v.

National Labor Relations Board, and Teamsters Local 228, Intervenor-Appellant v. Chapa De Indian Health Program, Inc. Carol Ervin, Susan Thorne, National Labor Relations Board, and Teamsters Local 228, Intervenor-Appellant v. Chapa De Indian Health Program, Inc. Carol Ervin, Susan Thorne

316 F.3d 995 · Court of Appeals for the Ninth Circuit · Jan 16, 2003

Chapa-De asserted that the NLRB lacked jurisdiction because Chapa-De has sovereign immunity and because Chapa-De is an extension of the United States government as an ISDA contractor. … Kiowa Tribe involved the question of sovereign immunity, which is different from whether a statute applies. 23 We conclude that jurisdiction is not plainly lacking.