Case law

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

John Harvey Adamson v. James G. Ricketts, Director, Arizona Department of Corrections

789 F.2d 722 · Court of Appeals for the Ninth Circuit · May 9, 1986

that the State would be shocked for the State to extend immunity for those crimes. … Interviews are clearly and explicitly stated as one of Adamson's obligations in the plea agreement.

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

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.

Navarro-Lopez v. Gonzales

503 F.3d 1063 · Court of Appeals for the Ninth Circuit · Sep 19, 2007

Such assistance to one known to have committed a felony is clearly contrary to the accepted rules owed between members of society. … Such has been the clearly established rule with respect to fraud since at least 1951. Jordan v. De George, 341 U.S. 223, 227-32 , 71 S.Ct. 703 , 95 L.Ed. 886 (1951).

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....

Great Western Bank v. Office Of Thrift Supervision

916 F.2d 1421 · Court of Appeals for the Ninth Circuit · Oct 18, 1990

We do not interpret the First Federal decision as establishing the broad "binding rule" that appellants attribute to it. … To begin with, the First Federal decision, an informal adjudication without clearly articulated reasoning, does not constitute a well-established practice on which GW-California could justifiably rely. See NLRB v.

United States v. Gonzalez-Aparicio

648 F.3d 749 · Court of Appeals for the Ninth Circuit · Jun 8, 2011

If the majority had applied our long-established standard of review, it would be required to reverse and remand for resentencing. I. This is a sentencing case. … The majority holds that Gonzalez’s conviction qualifies despite the statute’s overinclusiveness because he pled guilty to a crime involving a 14 year-old victim.

Loral Terracom v. Valley National Bank, a Federally Chartered Bank Citizens Bank Trust Co., a Kentucky Corporation and State Chartered Bank

49 F.3d 555 · Court of Appeals for the Ninth Circuit · Mar 7, 1995

Loral contends that as a result, financially unfit individuals qualified as sureties on Miller Act payment bonds to Loral’s detriment. … In fact, Loral’s assertion contradicts established law on personal jurisdiction.

Jane Largent Alfrey, Personal Representative of the Estate of Thomas Martin Alfrey v. United States of America, Jane Largent Alfrey, Personal Representative of the Estate of Thomas Martin Alfrey v. Joseph H. Crabtree, Warden Fci Sheridan Lt. Kyle Olson, and Lt. Steven Sales, B. Huerte, R. Kline, Jeffrey C. Sullivan, All Employed at Fci Sheridan, and John Doe Nos. 1-3, Also Employed at Fci Sheridan, All Sued Individually and as Acting as Federal Officers

276 F.3d 557 · Court of Appeals for the Ninth Circuit · Jan 11, 2002

If the act is not discretionary, the government is not immune. … As discussed below, the record does not establish that public policy was at play in the prison officials' choice amongst the"range" of cell-search options.

Great Western Bank v. Office of Thrift Supervision

916 F.2d 1421 · Court of Appeals for the Ninth Circuit · Oct 18, 1990

To begin with, the First Federal decision, an informal adjudication without clearly articulated reasoning, does not constitute a well-established practice on which GW-California could justifiably rely. See NLRB v. … Although it was wrongly decided, First Federal clearly was limited to the specific facts of that case. .

Libertarian Party Los Angeles v. Debra Bowen

709 F.3d 867 · Court of Appeals for the Ninth Circuit · Mar 6, 2013

To meet that requirement, Plaintiffs must establish that they have suffered an “injury in fact.” Lujan v. … The Code clearly contemplates that circulators be registered voters and otherwise qualified and state the qualifications in the circulator’s affidavit. A 8 LIBERTARIAN PARTY V .

United States v. Guerrero

157 F. App'x 995 · Court of Appeals for the Ninth Circuit · Dec 8, 2005

In this context, counsel’s strategic decision was not clearly unreasonable. … Even if not precluded outright, Guerrero would have borne the burden of qualifying for the safety-valve. In the face of the stipulation and evidence, he does not explain how he would have met this burden.

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).

Robert Kamman v. United States Internal Revenue Service

56 F.3d 46 · Court of Appeals for the Ninth Circuit · Jun 7, 1995

Section 6103 of the Internal Revenue Code, which prohibits the disclosure of “any return or return information,” qualifies as such a statute. 1 Church of Scientology of Cal. v. … Consequently, we hold that the district court’s finding that the appraisals are exempt from disclosure is clearly erroneous.