Case law

Frank J. Matylinsky, Jr. v. Ron Angelone

33 F.3d 59 · Court of Appeals for the Ninth Circuit · Aug 10, 1994

Qualified Immunity 19 Matylinsky contends the defendants are not entitled to qualified immunity. … Qualified immunity shields state officials from liability when their conduct is objectively reasonable "as measured by reference to clearly established law." Wood v.

SORIANO-VINO v. Holder

653 F.3d 1096 · Court of Appeals for the Ninth Circuit · Aug 10, 2011

In turn, Soriano’s responses to the questions from the investigators established that she was not a bona fide agricultural worker and did not qualify for admission under the SAW program. … Having considered the plain language of the statute and the legislative history, the district court held that the confidentiality provision was not to be construed so broadly “as to completely immunize the underlying facts

Moses v. Payne

543 F.3d 1090 · Court of Appeals for the Ninth Circuit · Sep 15, 2008

The state court’s application of clearly established law must be objectively unreasonable.” Id. (citations omitted). … Nor can we conclude that Miller merely “illuminates the application of clearly established federal law as determined by the United States Supreme Court.” Crater, 491 F.3d at 1126 n. 8.

United States v. Daniel A. Monaco, Jr.

735 F.2d 1173 · Court of Appeals for the Ninth Circuit · Jun 26, 1984

Here, Lyon testified voluntarily and without the promise of immunity, in the presence of a state attorney general, in a bankruptcy proceeding similar to a deposition. … Confrontation violations are tested by the constitutional error doctrine established in Chapman v. California, 386 U.S. 18 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967). United States v.

Passantino v. Johnson & Johnson Consumer Products, Inc.

212 F.3d 493 · Court of Appeals for the Ninth Circuit · Mar 10, 2000

Williams stated that she was clearly qualified for those positions as of 1993 (if not earlier), and such positions were available after she complained of discrimination. … First, while the actors here were clearly managerial, it is not apparent to us exactly how senior they were.

Tracy Gill v. Bradley Heath

127 F.3d 1105 · Court of Appeals for the Ninth Circuit · Oct 27, 1997

Brennan, 511 U.S. 825, 837 (1994). 4 Because Gill failed to establish that he had a clearly established constitutional right not to be briefly and partially viewed in the nude by female correctional officers, Heath was entitled … to qualified immunity on this claim.

Weilburg v. Shapiro

488 F.3d 1202 · Court of Appeals for the Ninth Circuit · Jun 1, 2007

Here, the gravamen of the complaint is that the defendants returned Weilburg to Illinois in violation of state and federal law, by ignoring established extradition procedures and effectively kidnapping Weilburg. … immunity apply here, and whether either Daro Weilburg or Maria Weilburg can possibly prove that the defendants have caused any damages.

Tiffany Aguayo v. S.M.R. Jewell

827 F.3d 1213 · Court of Appeals for the Ninth Circuit · Jul 8, 2016

She attested that the word “election” in the 1997 Constitution “means an established election ordinance, polling places, an election committee, and absentee ballots.” … In California Valley Miwok Tribe, the plaintiff and a very small group of supporters went “rogue” and created a new constitution that was clearly not supported by the majority of the tribe. Id. at 1267.

Francisco Garfias-Rodriguez v. Eric Holder, Jr.

702 F.3d 504 · Court of Appeals for the Ninth Circuit · Oct 19, 2012

Thus, Garfias clearly did not file his application in reliance on Acosta , or even the analogous decision in Perez-Gonzalez. … It was clearly foreshadowed by the BIA’s earlier ruling in In re Torres-Garcia, 23 I. & N.

United States v. Lonnie Lillard

935 F.3d 827 · Court of Appeals for the Ninth Circuit · Aug 28, 2019

These considerations are not so weighty, however, that they render the government’s competing interpretation clearly unreasonable. Nor does the legislative history of the MVRA settle the matter. … The issue before us is one of statutory interpretation—whether pretrial detention qualifies as “a period of incarceration” under § 3664(n).

United States Ex Rel. Robinson Rancheria Citizens Council v. Borneo, Inc. Clear Lake Indian Bingo Ltd. American Arbitration Association Herman Schner

971 F.2d 244 · Court of Appeals for the Ninth Circuit · Jul 7, 1992

to waive sovereign immunity on Robinson’s behalf. … He specifically found that Robinson had waived its sovereign immunity and that the agreement satisfied the requirements of 25 U.S.C. § 81 .

Animal Protection Institute of America v. Hodel

860 F.2d 920 · Court of Appeals for the Ninth Circuit · Oct 31, 1988

July 13, 1988). 8 Thus, at the present time, Congress clearly is determined to prevent the Secretary from exercising his authority to destroy healthy excess animals under 16 U.S.C. § 1333 (b)(2)(C). 9 B. … The one-year wait for transfer of title was intended to act as a safeguard to insure humane treatment by establishing a probationary period for adopters. 12 See 124 Cong.Rec. S32808 (1978) (statement of Sen.

Dalia Corrales v. Clark Impastato

650 F. App'x 540 · Court of Appeals for the Ninth Circuit · May 27, 2016

Because we find that Officer Impastato’s use of deadly force did not violate Corrales’s Fourth Amendment rights, Officer Impastato is entitled to qualified immunity. Pearson v. Callahan, 555 U.S. 223, 232–33 (2009). … We therefore need not consider whether such right was “clearly established.” Id. at 236. 4 3.

United States v. Reuben Krasn

614 F.2d 1229 · Court of Appeals for the Ninth Circuit · Mar 10, 1980

Therefore, this court’s review of the findings made by the court below are subject to the clearly erroneous standard. United States v. … The jury was instructed that the “indictment charges a continuing conspiracy from at least 1965 until 1974, which, once its existence has been established, is presumed to continue unless there is affirmative evidence that

Ponce v. Ashcroft

101 F. App'x 734 · Court of Appeals for the Ninth Circuit · Jun 23, 2004

We need not consider whether Huerta Ponce established the requisite ten years of continuous physical presence because his failure to establish the requisite hardship is dispositive. … . § 1229b(b)(l); Romero-Torres, 327 F.3d at 889 (noting that an applicant must establish continuous physical presence, good moral character and hardship to qualify for relief). Pursuant to Desta v.

Committee of Dental Amalgam Manufacturers & Distributors v. Stratton

92 F.3d 807 · Court of Appeals for the Ninth Circuit · Aug 5, 1996

The manufacturer argued that plaintiffs state causes of action were preempted by the MDA because they qualified as state “requirement[s] ... different from ... … right of action, Congress would have barred most, if not all, relief for persons injured by defective *812 medical devices_ Medtronic’s construction of § 360k would therefore have the perverse effect of granting complete immunity

Peter D. Peterson v. United States Department of the Interior, (Four Cases) Dunnigan Water District v. United States of America Donald P. Hodel, in His Capacity as Secretary of the Department of the Interior C. Dale Duvall, in His Capacity as Commissioner of the Bureau of Reclamation of the United States of America, and Natural Resources Defense Council, Inc., Defendant/intervenor-Appellee. Central Valley Project Water Association Sacramento River Water Contractors Association v. Department of the Interior Donald P. Hodel, Secretary of the United States Department of the Interior United States Bureau of Reclamation, and Natural Resources Defense Council, Inc., Defendant/intervenor-Appellee. Westside Water District, a Public Entity Kanawha Water District, a Public Entity v. United States of America Donald P. Hodel, in His Capacity as Secretary of the Department of the Interior C. Dale Duvall, in His Capacity as Commissioner of the Bureau of Reclamation of the United States of America, and Natural Resources Defense Council, Inc., Defendant/intervenor-Appellee. Arvin-Edison Water Storage District Southern San Joaquin Municipal Utility District Panoche Water District San Luis Water District Lower Tule River Irrigation District Delano-Earlimart Irrigation District Tulare Irrigation District Catherine Stevens Zahn Laverne Stevens Siebert v. United States of America Donald P. Hodel, in His Capacity as Secretary of the Department of the Interior C. Dale Duvall, in His Capacity as Commissioner of the Bureau of Reclamation of the United States of America, and Natural Resources Defense Council, Inc., Defendant/intervenor-Appellee. Peter D. Peterson v. United States of America, and Natural Resources Defense Council, Inc., Defendant/intervenor-Appellee

899 F.2d 799 · Court of Appeals for the Ninth Circuit · May 11, 1990

Qualified recipients include individual citizens, resident aliens, and "any legal entity established under State or Federal law which benefits twenty-five natural persons or less." 43 U.S.C. Sec. 390bb(9). … D 62 The Water Districts urge yet another line of reasoning in their effort to establish a vested property right in the contracts.

Acar v. Commissioner of Irs

Court of Appeals for the Ninth Circuit · Sep 22, 2008

. § 7805,2 provides for extensions of time for making elections, such as a section 475(f) election, that do not qualify for an automatic time extension. See Treas. Reg. §§ 301.9100- 1, 9100-3. … We also agree with the district court that Acar does not qualify for a time extension under Treasury Regulation § 301.9100-3.

Wroe v. Mueller

40 F. App'x 449 · Court of Appeals for the Ninth Circuit · May 28, 2002

Therefore, the state court’s decision was not an unreasonable application of clearly established Federal law. See 28 U.S.C. § 2254 (d)(1); Van Tran, 212 F.3d at 1149 . … Therefore, the district court properly determined that the state court’s decision was not contrary to, nor involved an unreasonable application of clearly established Federal law.

United States v. Craig Lee Childs

5 F.3d 1328 · Court of Appeals for the Ninth Circuit · Sep 28, 1993

Childs does not clearly articulate the nature of the misconduct he alleges occurred during the plea negotiations. … The district court did not clearly err in determining that the prosecutor’s reasons for striking Mr. Juan were race-neutral. 7 AFFIRMED. 1 .