Case law

Mark Vinzant v. Jesus Fernandez

676 F. App'x 739 · Court of Appeals for the Ninth Circuit · Jan 27, 2017

We review the denial of qualified immunity with special attention to the recent Supreme Court case White v. Pauly, No. 16-67, 2017 WL 69170 (U.S. … The short claimed delay in providing the physical therapy appointment, which Vinzant declined to attend, did not violate clearly established law. See Plumhoff v. Rickard, 134 S.

Horne v. United States Department of Agriculture

673 F.3d 1071 · Court of Appeals for the Ninth Circuit · Mar 12, 2012

See 7 U.S.C. § 608c(14)(B) (immunizing from civil pen- alty any handler who “in good faith and not for delay” files and prosecutes a qualifying administrative petition). … Therefore, an administrative petition not filed until 2007 cannot immunize the Hornes from fines relating to their conduct in 2002-04.  HORNE v.

Robert Jay Rowen v. Nora Elliott United States of America

52 F.3d 334 · Court of Appeals for the Ninth Circuit · Apr 18, 1995

Sec. 2679 (b)(1); Green, 8 F.3d at 698 . 8 The employees are protected by qualified immunity for constitutional torts (Bivens actions). … Government employees are entitled to qualified immunity unless their conduct violates "clearly established statutory or constitutional rights of which a reasonable person would have known." Mitchel v.

Clouser v. Espy

42 F.3d 1522 · Court of Appeals for the Ninth Circuit · Dec 7, 1994

Thus, the rule and reasoning on which the Forest Service relied in its ruling on the Robert E. ease are clearly of no applicability in the case of the Wilson claim. … Plaintiffs assert that authority to *1538 decide whether roads qualify as public highways under R.S. § 2477 is vested in the Department of the Interior.

United States v. Erickson

75 F.3d 470 · Court of Appeals for the Ninth Circuit · Jan 22, 1996

On its face, the regulation clearly limits CRNA reimbursement to periods when the CRNA is actually with and looking after the patient. … The district court did not qualify these witnesses as experts, however.

David A. Dusenbury v. William F. Stovall, Charles W. Clark, Jack O'Neil

958 F.2d 376 · Court of Appeals for the Ninth Circuit · Mar 19, 1992

established at the time of the investigation. 3 Accordingly, we reverse. 4 * A 5 In determining whether a government official is shielded by qualified immunity, "[t]he threshold question, which is a question of law, is ' … We review the qualified immunity question de novo. Tomer v. Gates, 811 F.2d 1240, 1241 (9th Cir.1987).

G. C. v. Garland

136 F.4th 832 · Court of Appeals for the Ninth Circuit · Jul 30, 2024

Oct. 29, 2014), the IJ appointed a qualified representative to represent him during the remainder of the removal proceedings. Through his qualified representative, G.C. contested removability. … Our jurisdiction established, G.C. next argues that the BIA erred in denying his application for three reasons.

Joseph Anderson v. Quentin Byrne

Court of Appeals for the Ninth Circuit · Sep 10, 2020

The district court properly granted summary judgment to Defendant Parks on the basis of qualified immunity. … No case clearly establishes that the conduct at issue here constitutes retaliation under the Religious Land Use and Institutionalized Persons Act.

Casanova v. Gonzales

120 F. App'x 213 · Court of Appeals for the Ninth Circuit · Feb 10, 2005

Veronica Casanova also claims that the IJ erred in deciding that she failed to establish ten years of continuous physical presence in the United States. … We note that the IJ indicated that Veronica Casanova’s “physical presence is in question,” but the IJ did not clearly decide the issue.

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.

Gold-Pak Meat Co., Inc., and Bristol Meat Co., Inc. v. Commissioner of Internal Revenue

522 F.2d 1055 · Court of Appeals for the Ninth Circuit · Aug 22, 1975

Bristol qualifies as a farmer and has used, therefore, a cash basis. … If the members of an affiliated group have established different methods of accounting, each member may retain such method with the consent of the Commissioner: Provided, That consolidated taxable income is clearly reflected

Hunter Douglas Corp. v. Lando Products, Inc. Lando Products, Inc. v. Hunter Douglas Corp

215 F.2d 372 · Court of Appeals for the Ninth Circuit · Aug 18, 1954

In order to be patentable the combination must qualify as an “invention”. As we said in Kwikset Locks v. … Conclusion of Law No. 8 sets forth that Lando has not established that it has been so damaged, but a Conclusion of Law should not take the place of a Finding of Fact.

Bernardi v. Yeutter

951 F.2d 971 · Court of Appeals for the Ninth Circuit · Aug 22, 1991

If a district court has discretion to determine the amount of fees to be awarded, it clearly has discretion to determine whether a future fee schedule should be established. … The Secretary asserts that § 1961 does not constitute a waiver of sovereign immunity from interest awards and thus the award was an error of law. See Library of Congress v.

United States v. Shaun Allahyari

99 F.4th 486 · Court of Appeals for the Ninth Circuit · Apr 17, 2024

First, the court held that the 2005 deed of trust did not meet the requirements of federal and Washington law to qualify as a “security interest” that would be entitled to priority over a later-recorded tax lien under I.R.C … Because the court found that the 2005 deed was voidable as a fraudulent transfer, it explicitly declined to address, on remand, whether Shaun had adequately established a “security interest” within the meaning of I.R.C. §

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.

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. Xochitl Garcia-Santana

774 F.3d 528 · Court of Appeals for the Ninth Circuit · Dec 15, 2014

We have held the agreement of thirty-three jurisdictions qualifies as sufficient consensus to establish the generic definition of a crime. See Esparza-Herrera, 557 F.3d at 1025. … We recognize, of course, that Castleman did “follow the analytic approach” established in Taylor. Id. at 1413.

Rosas-Castaneda v. Holder

655 F.3d 875 · Court of Appeals for the Ninth Circuit · Jan 4, 2011

The Record of Conviction Is Inconclusive as to Whether Rosas-Castaneda’s Offense Qualifies as an Aggravated Felony. … Sandoval-Lua clearly applies. Nijhawan merely reaffirms that it does.  ROSAS-CASTANEDA v.

United States v. Armando Vera

893 F.3d 689 · Court of Appeals for the Ninth Circuit · Jun 25, 2018

Rather than remedy Lavis’ improper methodology or call the Veras’ co-conspirators to testify about their dealings with the defendants, the government instead relied heavily upon the co-conspirators’ plea agreements to establish … Citing Federal Rule of Evidence 804(b)(3), (the statement-against-interest exception to the hearsay rule), the district court concluded that the co-conspirators’ “admissions in [the] plea agreement[s] clearly amount[ed] to

Eisho Suzuki v. County of Contra Costa

Court of Appeals for the Ninth Circuit · Aug 3, 2020

Qualified Immunity. We have jurisdiction over interlocutory appeals of collateral orders, such as the district court’s denial of qualified immunity. Cunningham v. Gates, 229 F.3d 1271, 1283 (9th Cir. 2000). … While Suzuki’s allegations establish cause in fact, they do not establish proximate cause.