Case law

Resisting Environmental Destruction on Indigenous Lands v. United States Environmental Protection Agency

704 F.3d 743 · Court of Appeals for the Ninth Circuit · Dec 26, 2012

Additionally, an associated vessel that is tied to the Discoverer while it is anchored to the seabed also becomes an OCS source because it is “[pjhysically attached to an OCS facility,” an alternative way to qualify as an … qualify as a boundary for defining ambient air.

Mark Owen McGuire v. Wayne Estelle, Warden

902 F.2d 749 · Court of Appeals for the Ninth Circuit · May 4, 1990

She was granted transactional immunity for her testimony although she had made no statement to the prosecutor prior to the trial. … To establish the battered child syndrome, and 3.

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.

Jose Patricio Boer-Sedano v. Alberto R. Gonzales, Attorney General

418 F.3d 1082 · Court of Appeals for the Ninth Circuit · Aug 12, 2005

Boer-Sedano was born in Tampico, a small Mexican city, and is a homosexual man living with Acquired Immune Deficiency Syndrome (AIDS). … Boer-Sedano Established Past Persecution To qualify for asylum, Boer-Sedano must show that he is a refugee or one “who is unable or unwilling to return to ...

Kinerson v. Spokane County Washington

714 F. App'x 764 · Court of Appeals for the Ninth Circuit · Mar 9, 2018

To determine whether an officer is entitled to qualified immunity, we must determine (1) whether the officer’s conduct violated any constitutional right and (2) whether the constitutional right was clearly established … The officers’ conduct was reasonable in these circumstances and did not violate any clearly established constitutional right.

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.

Hector Tito Lujan-Armendariz v. Immigration and Naturalization Service, Mauro Roldan-Santoyo v. Immigration and Naturalization Service

222 F.3d 728 · Court of Appeals for the Ninth Circuit · Aug 1, 2000

The test adopted by the BIA in Manrique, which implemented our decision, makes clear that Lujan qualifies for relief. … Both Matter of Gutnick and Matter of G— clearly involve convictions which were entered and later expunged, rather than deferred adjudications.

Brett Johnson v. San Benito County

640 F. App'x 649 · Court of Appeals for the Ninth Circuit · Feb 17, 2016

Reviewing the district court’s grant of summary judgment and its qualified immunity determinations de novo, Furnace v. Sullivan, 705 F.3d 1021, 1026 (9th Cir. 2013), we affirm. … -3- Johnson’s argument incorrectly conflates the summary judgment and qualified immunity standards.

D.A. Rickards v. Canine Eye Registration Foundation, Inc.

704 F.2d 1449 · Court of Appeals for the Ninth Circuit · May 3, 1983

The dismissal of all the antitrust claims was clearly warranted. 8 27 B. … Instead, the requirement merely insures that qualified individuals perform the eye examinations.

Mike Hernandez v. George F. Denton

861 F.2d 1421 · Court of Appeals for the Ninth Circuit · Nov 23, 1988

This certainly does not qualify as an eighth amendment deprivation. … Irrespective of the outcome of this litigation, it must be acknowledged that Hernandez has established a world record capable of qualifying for the Guinness Book of Records: the only person who has been raped 28 separate

Carlos Barela Chavaris v. G. Trujillo C. Lopez Rodrigo Brizuela

62 F.3d 1423 · Court of Appeals for the Ninth Circuit · Aug 8, 1995

Qualified immunity 6 Chavaris contends that the district court erred by holding that Lopez and Brizuela were entitled to qualified immunity. … This contention lacks merit. 7 To determine whether an official is entitled to qualified immunity, a court must determine (1) whether the right allegedly violated was "clearly established" at the time of the alleged violation

Stanley B. Rose, and June Rose, Husband and Wife v. United States

640 F.2d 1030 · Court of Appeals for the Ninth Circuit · Mar 12, 1981

A distribution pursuant to § 368(a)(1)(D) must also qualify under § 354 or § 355 in order for § 356 to be applicable. … In this case the undisputed facts clearly establish that the Port Dry Kiln liquidation and sale met the requirements for a Section D reorganization.

Jose De Jesus Tapia v. Alberto R. Gonzales, Attorney General

430 F.3d 997 · Court of Appeals for the Ninth Circuit · Dec 6, 2005

An alien who has briefly departed the United States for such a reason can still satisfy the ten-year presence prerequisite to qualify for cancellation of removal by including the time spent here before the brief absence. … See Reyes-Vasquez, 395 F.3d at 907-08 (observing that those cases in which a finding of a break in continuous presence has been upheld, the threat of deportation was clearly expressed and understood by the alien and the record

Jennifer Freyd v. University of Oregon

990 F.3d 1211 · Court of Appeals for the Ninth Circuit · Mar 15, 2021

It concluded that Freyd lacked standing to bring the contracts claim, and that the individual defendants were entitled to qualified immunity on the equal-protection claim, which was only brought against them and not the University … UNIVERSITY OF OREGON 45 the court in Hein relied heavily on the clearly erroneous standard of review in its qualified finding and noted that its approach might be different under a de novo

Mindys Cosmetics, Inc. v. Dakar

611 F.3d 590 · Court of Appeals for the Ninth Circuit · Jul 6, 2010

It is an attempt to establish a property right under a comprehensive federal statutory scheme. See New Kids on the Block v. News Am. … The liti- gation privilege “grants absolute immunity from tort liability for communications made in relation to judicial proceedings.” Jarrow Formulas, 31 Cal. 4th at 737.

Steven Tucker v. Adoc

Court of Appeals for the Ninth Circuit · Jul 16, 2020

The district court properly dismissed plaintiffs’ claims in counts 10 through 13 on the basis of qualified immunity because, at the time of the search in 2015, it would not have been clear to every reasonable prison official … Ct. 305, 308 (2015) (per curiam) (discussing qualified immunity and explaining that a “clearly established right is one that is sufficiently clear that every reasonable official would have understood that what he is doing

Latman v. Burdette

366 F.3d 774 · Court of Appeals for the Ninth Circuit · Jun 8, 2004

The underlying findings are not clearly erroneous on the record before us, and the propriety of the denial of discharge as a matter of law was previously appealed to the district court but was not appealed to us. … In short, the bank account records were not properly qualified as business records in any way that Rule 803(6) approves.

San Francisco County Democratic Central Committee v. March Fong Eu

826 F.2d 814 · Court of Appeals for the Ninth Circuit · Oct 29, 1987

The district court also ruled that the state had failed to challenge declarations establishing authorization to bring suit. Id. … for one of the existing ballot-qualified parties.

Anheuser-Busch, Inc. v. Natural Beverage Distributors, D/B/A Mendocino Coast Distributing Co. Florence M. Beardslee

69 F.3d 337 · Court of Appeals for the Ninth Circuit · Oct 27, 1995

and that Beardslee had “at least one” qualified successor-manager at all times. … Such a belief does not establish that Anheuser approved of White sharing the Successor-Manager designation.

California Pharmacists Ass'n v. Maxwell-Jolly

563 F.3d 847 · Court of Appeals for the Ninth Circuit · Apr 6, 2009

A district court abuses its discretion in denying a request for a preliminary injunction if it “base[s] its decision on an erroneous legal standard or clearly erroneous findings of fact.” Id. (citation omitted). … The Supreme Court “repeatedly has recognized that such [direct economic] injuries establish the threshold requirements” of Article III standing....