Case law

United States v. Charles E. Larsen

952 F.2d 1099 · Court of Appeals for the Ninth Circuit · Dec 20, 1991

We affirm. 1 Larsen’s conviction was based on evidence which established that he, along with codefendants and numerous other individuals, conspired to import shipments of Southeast Asian marijuana into the United States from … Hayes, 653 F.2d 8, 15-16 (1st Cir.1981) (jurisdiction may be maintained under § 841(a)(1) provided that distribution was clearly intended within the territorial United States).

Reynaldo Tongol, Plaintiffs-Appellees/cross-Appellants v. William J. Usery, Jr., Defendants-Appellants/cross-Appellees

601 F.2d 1091 · Court of Appeals for the Ninth Circuit · Aug 6, 1979

Under the Emergency Extended Benefits program established by the Act, federal funds were provided for states to pay up to 26 weeks of addition unemployment compensation to persons exhausting their rights to compensation under … “Anyone who ventures into the thicket of the legislative history of § 1983 quickly realizes that there is no clearly marked path to the correct interpretation of this statute.” ( Chapman, supra, - U.S. at -, 99 S.Ct. at 1919

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

Hoyle v. Ada County

501 F.3d 1053 · Court of Appeals for the Ninth Circuit · Aug 2, 2007

established federal law. … Idaho Code Ann. § 18-7803 (b), and that Hoyle Insurance qualified as an “enterprise.”

USA Petroleum Company v. Atlantic Richfield Company

13 F.3d 1276 · Court of Appeals for the Ninth Circuit · Jan 6, 1994

Holloway, 975 F.2d 1388 (9th Cir.1991), cert. granted, - U.S. -, 113 S.Ct. 3033 , 125 L.Ed.2d 721 (1993) (No. 92-8579), which held that the plaintiff's summary judgment burden at summary judgment in a qualified immunity case … "includes identifying the universe of relevant statutory or decisional law from which the court can determine whether the right violated was clearly established,” id. at 1393 .

John Doe 1 v. Donald Trump

Court of Appeals for the Ninth Circuit · Dec 20, 2019

Whatever one’s views on the Presidential Proclamation as a matter of policy, the district court’s decision is clearly wrong as a matter of law. … It also provides that the “[t]he Secretary of State may establish standards and procedures governing such determinations.” Id.

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

United States v. Torres

81 F.3d 900 · Court of Appeals for the Ninth Circuit · Apr 18, 1996

Although Torres and Zuniga were less culpable than Marrero and Salas, we cannot say that the district court clearly erred in determining they did not qualify as minor participants. C. … According to the commentary at that time, “[wjhere it is established that multiple documents are part of a set intended for use by a single person, treat the documents as one set.” Section 2L2.1, comment, (n.2).

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.

Amber Wright v. State of Washington

459 F. App'x 647 · Court of Appeals for the Ninth Circuit · Nov 23, 2011

In determining whether a state actor is entitled to qualified immunity, we must consider whether the plaintiff has alleged facts showing that the state actor violated a statutory or constitutional right, and, if so, whether … that right was clearly established at the time of the alleged violation.

California, Department of Health Services v. United States Department of Health & Human Services

853 F.2d 634 · Court of Appeals for the Ninth Circuit · Jul 27, 1988

An AFDC-linked “medically needy” family of two may retain a maximum income of $500 while still qualifying for Medi-Cal. … DEFRA clearly prohibits the Secretary from taking any regulatory action against a state. In Cubanski v. Heckler, 781 F.2d 1421, 1429-30 (9th Cir.1986), vacated as moot sub nom. Bowen v.

Jerry L. Anderson v. Central Point School District No. 6, a Municipal Corp., Rod Groshong, in His Individual and Official Capacities, Defendant/counter-Claimant/appellant v. Oregon Education Association, Counter-Defendant/appellee

746 F.2d 505 · Court of Appeals for the Ninth Circuit · Oct 29, 1984

Also without merit is the contention that the superintendent enjoys good faith immunity for his March 1981 action. … The district court correctly held that it was "clearly established" in March 1981 that teachers cannot be disciplined for exercising their first amendment rights.

Granite State Insurance Company v. Smart Modular Technologies, Inc.

76 F.3d 1023 · Court of Appeals for the Ninth Circuit · Feb 14, 1996

The evidence established that Kim, the manager of Samsung’s Finance Department, was responsible for Samsung’s insurance matters. … SMT’s evidence also established that Granite was estopped from pursuing its breach of contract claim.

Daniel Fernandez v. California Highway Patrol

708 F. App'x 470 · Court of Appeals for the Ninth Circuit · Jan 9, 2018

An official defendant loses his qualified immunity only if: (1) the defendant violated a plaintiff’s legal rights; and (2) those rights were clearly established when the violation occurred so that a reasonable officer had … Accordingly, Howard is entitled to qualified immunity on the § 1983 claim.

Dnc v. Katie Hobbs

Court of Appeals for the Ninth Circuit · Jan 27, 2020

Summary We hold that the district court clearly erred in holding that Plaintiffs failed to establish that H.B. 2023 violates the intent test of Section 2 of the VRA. … or she would not have been qualified to vote.

Skokomish Indian v. Tacoma Public Utilities

410 F.3d 506 · Court of Appeals for the Ninth Circuit · Jun 3, 2005

No special immunity premised on sovereignty as such is claimed. … Ordinarily, whether a case is cognizable under § 1983 does not turn on whether the rights are well-established or not, although qualified immunity does turn upon that consideration. See Saucier v.

Ca 79-3180 Justin Rudelson, a Minor, Jordan Rudelson, a Minor, Each by Jolyn Rudelson Acting as Their Guardian Ad Litem and Jolyn Rudelson Individually, Plaintiffs- (Cross-Appellants) v. United States of America, (Cross-Appellee). Frances Aardema, Gregory Aardema and Gary Aardema v. United States of America, National Indemnity Company v. The United States of America

602 F.2d 1326 · Court of Appeals for the Ninth Circuit · Aug 23, 1979

That apportionment of fault, like the district judge's other comparative negligence calculations, was not clearly erroneous. … The government concedes, as it must, that California law clearly compels such a result. In American Motorcycle Ass'n v.

Nrdc v. James Perry

Court of Appeals for the Ninth Circuit · Oct 10, 2019

binding nature of these provisions: “The error correction rule prescribes a timeline under which DOE will submit a 2 DOE has made clear that the phrase “absent extenuating circumstances” in subsection (f)(3) qualifies … Indeed, in the one instance where the error-correction rule clearly does seek to describe what the agency anticipates will ordinarily occur, rather than to prescribe a required action, the rule says exactly that: “[T]he Secretary

98 Cal. Daily Op. Serv. 3748, 98 Daily Journal D.A.R. 5164 Maria Walters William Walters Cesar Corona-Alvarez Antonio Alvarez Ninfa De Adames, Guadalupe Adames, Husband and Wife Camila Garcia-Cruz Omar Kayyam Meziab, Leslie Meziab, Husband and Wife, on Behalf of Themselves and All Others Similarly Situated v. Janet Reno, Attorney General of the United States Doris M. Meissner, Commissioner of the United States Immigration and Naturalization Service United States Immigration and Naturalization Service

145 F.3d 1032 · Court of Appeals for the Ninth Circuit · May 18, 1998

A district court's factual findings are entitled to deference unless they are clearly erroneous. Id. … To qualify for injunctive relief, the class members must demonstrate that they will sustain irreparable injury and that remedies at law are inadequate. Id.