Case law

Michael D. Huson v. The City of Castle Rock Gilbert R. Vaughn, in His Official Capacity and Individually

9 F.3d 1551 · Court of Appeals for the Ninth Circuit · Oct 29, 1993

. § 1983 because his clearly established constitutional rights under the Fourth, Ninth, and Fourteenth Amendments were violated when Vaughn arrested Huson for theft. … The first part, whether the right allegedly violated was clearly established, is not disputed by the parties 3 The court gave the following instruction to the jury, which was stipulated to by the parties, on the qualified

Dale Evans v. City of Los Angeles

446 F. App'x 4 · Court of Appeals for the Ninth Circuit · Jul 26, 2011

Even if we determined that Machado had stepped over the “‘hazy border between excessive and acceptable force,’”3 we would be constrained to hold that he did not run afoul of clearly established law.4 Therefore, the district … court should have granted Machado qualified immunity on the excessive force claim. 3 See Saucier v.

Yolanda Banks-Reed v. Joseph Mateu, III

Court of Appeals for the Ninth Circuit · Feb 17, 2022

immunity because there was no clearly established law declaring his conduct unconstitutional. … While qualified immunity “does not require a case directly on point for a right to be clearly established, existing precedent must have placed the statutory or constitutional question beyond debate.” White, 137 S.

Rendleman v. Bowen

860 F.2d 1537 · Court of Appeals for the Ninth Circuit · Nov 16, 1988

I Rendleman is a participant in the National Health Service Corps (“NHSC”) Scholarship Program, established by Congress in 1976 to address the maldistribution of health care manpower in the United States. See Pub.L. … While the pamphlets state that “[t]he Corps will make every effort to meet placement wishes,” they clearly explain that “due to the serious nationwide needs that must be met, the Corps reserves the right to make the final

Todd Taylor v. Bill Honig, Superintendent of Education, and Thomas Uram Bernard Rappaport Gary Ruelas William G. Loomis

977 F.2d 591 · Court of Appeals for the Ninth Circuit · Oct 22, 1992

Thus, the Taylors have alleged conduct that violated the clearly established right to a free public education, 1 and the Mental Health defendants are not entitled to qualified immunity under Harlow. … Therefore, the Taylors have failed to allege conduct that violates clearly established rights under the Due Process Clause, and the defendants are entitled to qualified immunity.

Larry P. v. Riles

793 F.2d 969 · Court of Appeals for the Ninth Circuit · Jan 23, 1984

Based on the evidence in the record, the district court finding that the appellant had not established validation of the test is not clearly erroneous. 6 The district court also found that the appellant did not utilize the … The district court’s finding is not clearly erroneous, and thus appellees established a prima facie case of a Title VI violation based upon discriminatory effect.

Fund for Animals, Inc. v. Lujan

962 F.2d 1391 · Court of Appeals for the Ninth Circuit · Apr 29, 1992

The state’s immunity under the Eleventh Amendment may be waived only where the state gives an unequivocal indication that it has consented to suit in a federal court. Atascadero State Hospital v. … A review of the evidence demonstrates that the district court’s findings are not clearly erroneous.

United States v. Robert Paul Doran

482 F.2d 929 · Court of Appeals for the Ninth Circuit · Jul 10, 1973

At the same time, the representative observed that appellant presented a youth fare ticket and that appellant appeared to be too old to qualify for that type of ticket. … The record clearly establishes that signs and public address warnings announcing that all passengers were subject to search were in use at the time appellant attempted to board.

Christopher Parker v. City of Los Angeles

Court of Appeals for the Ninth Circuit · Feb 28, 2018

The district court therefore correctly found that a reasonable official in Sergeant Krempa’s position would not have understood that his actions violated clearly established law. See Anderson v. … The district court also did not err in holding that Officer Geitheim was entitled to qualified immunity on Parker’s excessive force claim based on the shove.

Kevin Jones, Jr. v. K. Harrington

829 F.3d 1128 · Court of Appeals for the Ninth Circuit · Jul 22, 2016

As we demonstrate in Part A, this determination was contrary to and an unreasonable application of clearly established Supreme Court law. 28 U.S.C. § 2254 (d)(1). … Violation of clearly established law 1.

Herrera v. US Citizenship and Immigration Services

571 F.3d 881 · Court of Appeals for the Ninth Circuit · Jul 6, 2009

Additionally, the AAO concluded that the evidence of her role at the time of the 2001 interview was also insufficient to establish eligibility for approval of the 1-140 petition. … Had Congress intended to constrain the agency’s revocation authority, it easily could have expressed that intent clearly.

Maison v. Confederated Tribes of Umatilla Indian Reservation

314 F.2d 169 · Court of Appeals for the Ninth Circuit · Feb 15, 1963

Thus, in both the Tulee and Makah cases it was held that the Indians’ right to fish is qualified by the state’s right to regulate such fishing when necessary for conservation. … But, to establish necessity the state must prove two facts: first, that there is a need to limit the taking of fish, second, that the particular regulation sought to be imposed is “indispensable” to the accomplishment of

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.

Helen Weyer v. Twentieth Century Fox Film Corporation

198 F.3d 1104 · Court of Appeals for the Ninth Circuit · Jan 3, 2000

Is Weyer a "qualified individual" under Title I? … We find no clearly expressed legislative intent suggesting that former employees such as [the plaintiff] should be covered under the Act as well. 31 19 The Eleventh Circuit reasoned that "interpreting the ADA to allow any

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

United States v. Ressam

679 F.3d 1069 · Court of Appeals for the Ninth Circuit · May 4, 2012

See, e.g., Ashcroft v. al-Kidd, — U.S. -, 131 S.Ct. 2074, 2079, 2083 , 179 L.Ed.2d 1149 (2011) (holding that ordinary qualified immunity standard protects officials in a suit alleging an unconstitutional use of the material … But the burden is not on the district court to establish that its sentence is reasonable.

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 .

Clarence Ray Allen v. Steven W. Ornoski, Warden, of the California State Prison at San Quentin Attorney General of the State of California

435 F.3d 946 · Court of Appeals for the Ninth Circuit · Jan 15, 2006

Lane, 489 U.S. 288 , 109 S.Ct. 1060 , 103 L.Ed.2d 334 (1989), to determine what qualifies as clearly established law under AEDPA. … established law.’ ”).

United States v. O'Neal

56 F. App'x 430 · Court of Appeals for the Ninth Circuit · Feb 24, 2003

In our opinion, the application for the search warrant set forth sufficient facts to establish probable cause to believe that items of child pornography would be found at O’Neal’s apartment. … However, even assuming, for the sake of discussion, that Tyler was not sufficiently qualified to testify about the characteristics of collectors of child pornography, the testimony clearly *431 was harmless.

United States v. Kern River Co.

264 F. 412 · Court of Appeals for the Ninth Circuit · Apr 5, 1920

extended so as to include general power purposes; for whatever construction the words “may be used for purposes of a public nature” in the latter act might receive, if standing alone, these general words are limited and qualified … The rule invoked by the appellees that an appellate court will not disturb the findings of the trial court on disputed questions of fact, unless it is clearly manifest that there is no substantial evidence to support them