Case law

Abraham v. Oregon Department of Corrections

692 F. App'x 469 · Court of Appeals for the Ninth Circuit · Jun 14, 2017

Moreover, there was no error in granting summary judgment on the basis of qualified immunity to the state officials sued in their individual capacities. … Qualified immunity protects “state officials from money damages unless a plaintiff pleads facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established

Tyson v. Oregon Department of Corrections

483 F. App'x 347 · Court of Appeals for the Ninth Circuit · Sep 14, 2012

The district court properly granted the remaining individual defendants qualified immunity at summary judgment on the excessive force claim because Tyson failed to raise a genuine dispute of material fact as to whether … The district court properly granted qualified immunity at summary judgment on Tyson’s conspiracy claim because Tyson failed to allege any evidence suggesting an agreement or meeting of the minds among supposed conspirators

James L. Tatum v. Norman Carlson, Warden, and Lt. Mickey Ray

2 F.3d 1158 · Court of Appeals for the Ninth Circuit · Aug 4, 1993

not violate clearly established statutory or constitutional rights of which a reasonable person would have known." … Qualified immunity is an affirmative defense, and the federal official bears the burden of proof. Harlow, 457 U.S. at 815 .

Shoshone Min. Co. v. Rutter

87 F. 801 · Court of Appeals for the Ninth Circuit · May 23, 1898

It does not appear from the record that any right, privilege, or immunity under the constitution or laws of the United States was specially sol, up or claimed by the defendant below, or that any such right was denied them … of a federal nature unless it *810 clearly appears from the averments of the complaint or the declaration that in the progress of the trial, and preliminary to an adjudication, the right of the one or the other of the parties

United States v. Giovanni Ramirez

347 F.3d 792 · Court of Appeals for the Ninth Circuit · Oct 24, 2003

. § 4A1.2(k)(l), “To qualify as a sentence of imprisonment, the defendant must have actually served a period of imprisonment on such sentence.” U.S.S.G. § 4A1.2 cmt. n. 2. … Code Ann. § 2967.141 (West 2003) (establishing series of violation sanction centers as restrictive control sanctions); Okla. Stat.

Raul Arellano v. L. Helmick

Court of Appeals for the Ninth Circuit · Feb 23, 2021

Callahan, 555 U.S. 223, 232 (2009) (“Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right.”); Horton v. … City of Santa Maria, 915 F.3d 592, 600 (9th Cir. 2019) (the inquiry as to whether a constitutional right is clearly established must be undertaken “in light of the specific context of the case, not as a broad general proposition

Michael Foss, a Minor v. United States

623 F.2d 104 · Court of Appeals for the Ninth Circuit · Jul 10, 1980

In this case, if an incorrect standard had been used and if, indeed, Foss was negligent, then the damages to Foss’s survivors would be diminished accordingly under California’s comparative negligence law as established in … He was clearly entitled to accept this hypothesis over others urged by the F.A.A. and to resolve conflicting testimony in so doing. Neal v. United States, 562 F.2d 338 (9th Cir. 1977).

United States v. Mendoza-Garcia

29 F. App'x 449 · Court of Appeals for the Ninth Circuit · Jan 2, 2002

United States, 495 U.S. 575 , 110 S.Ct. 2143 , 109 L.Ed.2d 607 (1990), a court can examine “documentation or judicially noticeable facts that clearly establish that the conviction is a predicate conviction for enhancement … Í2] Based on our review of the record, we conclude that Mendoza-Garcia’s conviction qualified as an aggravated felony.

Diana Steinmetz v. City of Camas

390 F. App'x 655 · Court of Appeals for the Ninth Circuit · Jul 30, 2010

As they are entitled to qualified immunity, we affirm. … the right was clearly established in light of the specific context of the case.

Exchange Nat. Bank of Spokane v. Meikle

61 F.2d 176 · Court of Appeals for the Ninth Circuit · Sep 14, 1932

Meikle, ap-pellee herein, was elected trustee and duly qualified. On August 5, 1929, a suit was instituted against the Exchange National Bank of Spokane and James A. … That being so, the total sum of $506,445.02 of the “Fred Herrick Advance Account” on the books of the Fred Herrick Lumber Company was a liability on October 9, 1928, and it clearly follows that the Fred Herrick Lumber Company

Paul Hardy v. City of Glendale Officer Dekruff Sgt. Barnes Mr. Peatrowsky Glendale Humane Society Officer Muzquiz Officer Bernsten

104 F.3d 365 · Court of Appeals for the Ninth Circuit · Dec 20, 1996

The district court held that Muzquiz was entitled to qualified immunity on this claim. 7 The qualified immunity test consists of three prongs: 1) the identification of a specific right allegedly violated; 2) whether the conduct … Accordingly, because Muzquiz's acts did not violate clearly established law, she was entitled to qualified immunity and the district court's grant of summary judgment on this issue was proper.

Jeanne P. Herman v. United Brotherhood of Carpenters and Joiners of America, Local Union No. 971

60 F.3d 1375 · Court of Appeals for the Ninth Circuit · Jun 21, 1995

The employer and the union then waived the contractually-established twenty-four-hour period for selecting the neutral chairperson or requesting a list of qualified arbitrators. … Herman’s claim for breach of an implied covenant of good faith and fair dealing is clearly preempted.

John I. Haas, Inc. v. Wellman

186 F.2d 862 · Court of Appeals for the Ninth Circuit · Jan 31, 1951

The case presents the same two main issues present in the other two cases: (1) qualify of the hops and (2) the proper measure of damages. … While we express no opinion on what view of this conflicting evidence we might take we cannot say that the finding of the trial court is clearly erroneous.

Jacquelyn McGee v. S-L Snacks National, LLC

982 F.3d 700 · Court of Appeals for the Ninth Circuit · Dec 4, 2020

“[A]t the pleading stage, the plaintiff must ‘clearly . . . allege facts demonstrating’ each element.” Id. at 1547 (alteration in original) (quoting Warth, 422 U.S. at 518). … Once again, McGee relies on a viable legal theory to establish standing for her non-UCL claims.

Edward JUDIE, Plaintiff-Appellant, v. Darrell HAMILTON, M.D.; Donald Bodenhamer; Marvin Hart; Brenda Woodward, Defendants-Appellees

872 F.2d 919 · Court of Appeals for the Ninth Circuit · Apr 18, 1989

Such a benefit, though not a contractual right of employment, may qualify as a “privileg[e]” of employment under Title VII. … Burns, 427 U.S. 347 , 96 S.Ct. 2673 , 49 L.Ed.2d 547 (1976), as clearly protecting political appointees from discrimination on the basis of race. Adams, 695 F.2d at 107 .

Needbasedapps, LLC v. Robbins Research International, Inc.

655 F. App'x 541 · Court of Appeals for the Ninth Circuit · Jul 5, 2016

like judicial or qualified immunity. … An order denying immunity from suit is immediately appealable because such immunity is “effectively lost if a case is erroneously permitted to go to trial.”

City of San Jose v. Office of the Commissioner of Baseball

776 F.3d 686 · Court of Appeals for the Ninth Circuit · Jan 15, 2015

And Federal Baseball and Toolson clearly extend the baseball exemption to the entire “business of providing public baseball games for profit between clubs of professional baseball players.” … Nor does it mean that MLB or its franchises are immune from antitrust suit.

Cardenas v. Lewis

66 F. App'x 86 · Court of Appeals for the Ninth Circuit · Mar 7, 2003

Smith, 203 F.3d *89 1122,1131 (9th Cir.2000) (en banc) (stating that mere negligence does not establish deliberate indifference to medical needs). … Even assuming arguendo that Jones violated Cardenas’ rights, qualified immunity protects Jones from suit. See Butler v. Elle, 281 F.3d 1014, 1021 (9th Cir.2002).

American Constitutional Party, Libertarian Party, Bicentennial Reality Party, and Socialist Workers' Party v. Ralph Munro, Secretary of State

650 F.2d 184 · Court of Appeals for the Ninth Circuit · Jul 6, 1981

appeals explained that the causal relation between the lawsuit and the relief received “must be more than simple knowledge that litigation may occur,” and that the chronology of events, while a “factor to consider” was “clearly … Id. at 1163 . 17 It is clear, then, that the courts have required consistently that plaintiffs seeking to qualify as “prevailing parties” establish some sort of clear, causal relationship between the litigation brought and

Borg v. Boas

231 F.2d 788 · Court of Appeals for the Ninth Circuit · Jan 30, 1956

The truth of whatever charges were made must have been established by defendants for them to prevail on the plea of truth. Testimony as to this feature was submitted by both sides. … The tendered evidence as to procedure in a preliminary hearing, when the prosecuting attorney and complaining witness fail to appear, was clearly immaterial under the circumstances of the case.