Case law

Legal Services Of Northern California, Inc. v. Dixon Arnett

114 F.3d 135 · Court of Appeals for the Ninth Circuit · May 28, 1997

Section 1983 provides a cause of action against a State actor for the "deprivation of any rights, privileges or immunities secured by the Constitution and laws of the United States." 42 U.S.C. § 1983 . … Courts have indeed found service providers to be among the intended beneficiaries of statutes which establish reimbursement rates.

James R. Weaver, in His Capacity as Sole Proprietor of Abe's Shop v. Multnomah County Patrick Nelson, Individually and in His Capacity as an Officer for the Portland Police Bureau

142 F.3d 447 · Court of Appeals for the Ninth Circuit · Apr 14, 1998

In the answer, Lieutenant Nelson claimed qualified immunity. … On appeal, Lieutenant Nelson argues that the district court should have granted him qualified immunity. This court reviews the determination of qualified immunity de novo. Newell v.

Dahl v. Rosenfeld

316 F.3d 1074 · Court of Appeals for the Ninth Circuit · Jan 23, 2003

We review an award of attorneys' fees for an abuse of discretion and will overturn the district court's decision only if it is based on clearly erroneous findings of fact or erroneous determinations of law. Id. … But, if a claim "may be litigated without reference to the rights and duties established in a CBA," it is not preempted. Id.

United States v. Lance Louis Smith

623 F.2d 627 · Court of Appeals for the Ninth Circuit · Jul 22, 1980

Eggers became an informant in that case and was given immunity from prosecution in return for his testimony. However, the fact that Eggers was an informant was not disclosed until April 5, 1979. … Over defense counsel’s objection, the prosecutor established that “something private” meant something “in the field of burglary or something of that sort.”

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.

Boy Scouts of America v. Graham

86 F.3d 861 · Court of Appeals for the Ninth Circuit · Feb 15, 1996

In such cases, appellate review tends to be reduced to an audit of the judge’s instructions, and if they pass muster, almost any award *867 the jury sees fit to make will stand immune from further review. U.S. … The plaintiff clearly contributed to the function of the vessel.

Martirosyan v. Immigration & Naturalization Service

229 F.3d 903 · Court of Appeals for the Ninth Circuit · Nov 6, 2000

Where, as here, the BIA clearly adopts and incorporates the IJ’s reasoning, we review the IJ’s decision. See Lopez-Reyes v. INS, 79 F.3d 908, 911 (9th Cir.1996). … “Establishing a well-founded fear of persecution sufficient to qualify for asylum requires a ‘subjectively genuine’ and ‘objectively reasonable’ fear of persecution.” Velarde v.

Damian Ignacio Cano v. Stephen Navicky

26 F.3d 129 · Court of Appeals for the Ninth Circuit · Jun 9, 1994

This contention lacks merit. 10 Government officials are immune from suit " 'insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.' … Apr. 15, 1994) (citations omitted). 11 The following rules governing service in forfeiture actions were clearly established in 1985. See id.

Winn v. Arizona Christian School Tuition Organization

562 F.3d 1002 · Court of Appeals for the Ninth Circuit · Apr 21, 2009

As we discussed above, for example, Section 1089 could, on its face, be interpreted to require each STO to provide scholarships for use at any qualified private school, religious or secular. … constitutional distinction between the individual, taxpayer choice provided under Section 1089 and the parental choice upheld in Zelman . 18 Section 1089, as claimed to operate in practice, is not a program of true private choice, immune

Coughlan v. American Seafoods

Court of Appeals for the Ninth Circuit · Jul 6, 2005

Direct evidence typi- cally consists of clearly sexist, racist, or similarly discrimina- tory statements or actions by the employer. … Coghlan thus suggests that evidence such as ASC’s choice to pass over Coghlan in favor of an allegedly less-qualified Norwe- gian qualifies as “direct.”

In Re James D. Kennedy, Jr., Debtor. Alan D. Cowen and Josephine Cowen v. James D. Kennedy, Jr.

108 F.3d 1015 · Court of Appeals for the Ninth Circuit · Mar 21, 1997

The construction foreman testified that he and the other two workers ... were not qualified for the construction job. … As the bankruptcy court’s finding is supported by the record, it is not clearly erroneous.

Paul R. Newhouse, Jr., Suki R. Kuresa and Elwin L. Adarna, Cross-Appellants v. Robert's Ilima Tours, Inc., Cross-Appellees

708 F.2d 436 · Court of Appeals for the Ninth Circuit · Jun 13, 1983

This simple rule of MCA supremacy was complicated by an MCA provision that gave the Interstate Commerce Commission (ICC) the authority to exempt qualified intrastate motor carriers from MCA regulation. 49 U.S.C. § 304 (a) … Clearly, however, the Commission does not. See note 6, supra.

Koepke v. Fontecchio

177 F.2d 125 · Court of Appeals for the Ninth Circuit · Sep 21, 1949

appellee .as plaintiff against appellant seeking a ■declaratory iudgment that his housing accommodations were decontrolled by the Housing and Rent Act of 1947 as amend ed, and for an injunction restraining appellant from establishing … It is apparently the contention of appellant that housing accommodations, to qualify for decontrol as a motor court, must have been a motor court on June 30, 1947.

Willis v. City of Los Angeles

57 F. App'x 283 · Court of Appeals for the Ninth Circuit · Dec 20, 2002

Section 821.6 immunizes the appellee police officers from suit in this case based on alleged false reports related to instituting or prosecuting charges against Willis. … Haggis merely denied that “liability under section 815.6 requires that the enactment establishing a mandatory duty itself manifest an intent to create a private right of action.” Id.

Northwest Indian Cemetery Protective Ass'n v. Peterson

795 F.2d 688 · Court of Appeals for the Ninth Circuit · Jul 22, 1986

This finding is not clearly erroneous. 10 IY. … The religious uses described by the Report unquestionably qualify as "religious” by the narrowest definition.

Newton v. Diamond

388 F.3d 1189 · Court of Appeals for the Ninth Circuit · Nov 9, 2004

The majority has laid out correctly the legal principles that apply in this case, and I agree with the majority’s assumption that the sampled portion of “Choir” qualifies as “original” and therefore is copyrightable. … Hence, in my opinion, the digital sample of the performance ... is clearly a realization of the musical score filed with the copyright office.

California Pro-Life Council, Inc. v. Getman

328 F.3d 1088 · Court of Appeals for the Ninth Circuit · May 8, 2003

Not if it clearly fails to cover his conduct, of course. … City of Oakland, 255 F.3d 734, 737 (9th Cir.2001), and affirm the district court's conclusion that "express ballot-measure advocacy is not immune from regulation."

Susan B. Long and Philip H. Long v. United States Internal Revenue Service, Susan B. Long and Philip H. Long v. Bureau of Economic Analysis, United States Department of Commerce, Defendant

742 F.2d 1173 · Court of Appeals for the Ninth Circuit · Nov 2, 1984

Sec. 552 (b)(3). 3 Specifically, the district court found that the amendment qualified under Part B of exemption 3, in that the amendment both established particular criteria for withholding and referred to particular matters … Part B of exemption 3 clearly contemplates statutes authorizing agency discretion. Church of Scientology, 633 F.2d at 1330 .

Montana Power Co. v. Environmental Protection Agency

608 F.2d 334 · Court of Appeals for the Ninth Circuit · Jul 16, 1979

The second memorandum of April 21, 1976, clarified what was necessary for a contractual obligation to qualify a source for exemption from PSD review and permitting: [A]s a general rule, for one to qualify for the contractual … The apparent inconsistency in interpreting the regulations clearly influenced the district court.

National Wildlife Federation, Idaho Wildlife Federation, and the Nez Perce Tribe, Intervenor-Petitioner v. Federal Energy Regulatory Commission

870 F.2d 542 · Court of Appeals for the Ninth Circuit · Mar 16, 1989

We conclude this victory is insufficient to establish the Federations as “prevailing partpes]” under EAJA. … However, the Federations’ difficulty in finding qualified counsel may justify a higher fee.