Case law

Martin v. Naval Criminal Investigative Service

539 F. App'x 830 · Court of Appeals for the Ninth Circuit · Sep 5, 2013

The law prohibiting Special Agent Martin’s alleged conduct is clearly established. “The question is not whether an earlier case mirrors the specific facts here. … Because plaintiff failed to state a plausible constitutional violation, defendant Martin was entitled to qualified immunity.

Nanubhai Patel v. City of Los Angeles

72 F.4th 1103 · Court of Appeals for the Ninth Circuit · Jul 11, 2023

“The fact that the creditor has obtained a judgment establishing the monetary liability of the debtor gives it a strong interest in a prompt and inexpensive satisfaction of the debt.” Finberg v. … Nor do we reach whether the Sheriff’s Department and the County have immunity.

Fruit of the Loom, Inc. v. Ken Girouard, D/B/A Two Left Feet

994 F.2d 1359 · Court of Appeals for the Ninth Circuit · May 18, 1993

We cannot find the district court clearly erroneous in its finding that FRUIT Of The LOOM was not diluted by FRUIT CUPS or FRUIT FLOPS. … Because “FRUIT” was found without clear error to be not strong enough to qualify for protection against dilution and because the finding of a lack of mental association of FRUIT with TLF’s products was not clearly erroneous

Flint v. Dennison

488 F.3d 816 · Court of Appeals for the Ninth Circuit · May 31, 2007

DENNISON 6637 injunctive relief provides a narrow, but well-established, exception to Eleventh Amendment immunity. See Rounds v. Or. … The Univer- sity, as required by Board of Regents policy, has established ASUM as the associated student organization on the campus.

Board of Trustees v. Whitewater Engineering Corp.

64 F. App'x 39 · Court of Appeals for the Ninth Circuit · Apr 17, 2003

It is clearly established that the split-time rule applies to managerial employees who perform bargaining unit work. … However, it is well established that the terms are not coextensive.

United States v. John A. Walczak

783 F.2d 852 · Court of Appeals for the Ninth Circuit · Feb 21, 1986

Congress has not specifically authorized the President to conclude executive agreements such as this in the realm of civil aviation, but clearly did contemplate that the executive branch would negotiate “agreement[s] with … foreign governments for the establishment or development of air navigation, including air routes and services.” 49 U.S.C. § 1462 (1982).

Velazquez v. National Presto Industries

884 F.2d 492 · Court of Appeals for the Ninth Circuit · Sep 6, 1989

A party who qualifies as a joint tortfeasor becomes entitled to a money judgment of contribution against the other joint tortfeasors only by discharging the common liability to the injured person or by paying more than a … Baima, 837 F.2d 380, 386 (9th Cir.1988) (describing the clearly erroneous standard). Negotiations during the settlement conferences transpired under the district court’s supervision.

Lakeside-Scott v. Multnomah County

556 F.3d 797 · Court of Appeals for the Ninth Circuit · Feb 12, 2009

“It is well-established that an appellate court will not consider issues that were not properly raised before the district court.” Doi v. … Although being placed on administrative leave might qualify as an adverse employment action and we have suggested an investigation of an employee might so qualify, see, e.g., Poland v.

Mutuku v. Holder

600 F.3d 1210 · Court of Appeals for the Ninth Circuit · Apr 9, 2010

The IJ’s adverse credibility finding was premised on a clearly erroneous factual finding, and we reverse. b. … To qualify for CAT relief, Mutuku must prove that it is more likely than not that she would be tortured by or with the acquiescence of agents of the Kenyan government if she were to return to Kenya.

Behzad Kasravi v. Immigration and Naturalization Service

400 F.2d 675 · Court of Appeals for the Ninth Circuit · Jul 23, 1968

The special inquiry officer denied the application for suspension of deportation on the ground that Kasravi was “not statutorily eligible for that relief since he has failed to establish that he would suffer extreme hardship … Economic detriment alone is not enough to qualify for relief under § 244(a). Kwang Shick Myung v.

Reynold Floyd Reep v. United States

557 F.2d 204 · Court of Appeals for the Ninth Circuit · Jul 13, 1977

. § 8101 et seq.) establishes under the Secretary of Labor a program of workmen’s compensation for government employees injured in work-related accidents. … Injured federal employees must first pursue their administrative remedies before instituting actions under the FTCA 'unless their injuries are clearly not covered under FECA. Joyce v.

Fong Yang Lo, AKA Fong Yang Yu Bin Lo v. John D. Ashcroft, Attorney General

341 F.3d 934 · Court of Appeals for the Ninth Circuit · Aug 27, 2003

The BIA has determined that ineffective assistance of counsel, if established under its rules, qualifies as an exceptional circumstance warranting rescission of an in absentia *937 order of removal pursuant to § 1229a(b)( … INS, 206 F.3d 1331, 1335 (holding that the Lozada rules for ineffective assistance of counsel are not dispositive when the hearing transcript clearly established that the petitioner was denied the right to choose counsel)

Robert Mann, Sr. v. John Tennis

Court of Appeals for the Ninth Circuit · Sep 7, 2018

Defendants are entitled to immunity unless (1) “the facts that a plaintiff has alleged . . . make out a violation of a constitutional right” and (2) “the right at issue was ‘clearly established’ at the time of defendant … In 1 It is immaterial, for purposes of establishing jurisdiction over this interlocutory appeal, that the district court did not explicitly address qualified immunity. Giebel v.

Kinney v. Lenon

447 F.2d 596 · Court of Appeals for the Ninth Circuit · Aug 13, 1971

THE REFUSAL TO GRANT BAIL The principal thrust of appellants’ argument is to establish the right of this juvenile to be released on bail. The first reason advanced is that Ore. … Any interference at this stage would clearly be at odds with the principles of comity and federalism which underlie Younger .

Joan Uhl v. Lake Havasu City

Court of Appeals for the Ninth Circuit · Jan 6, 2010

On the current record, George is not entitled to qualified immunity on the grounds advanced at summary judgment. … George is therefore not entitled to qualified immunity.

Christian Wagner and Rosemarie Wagner v. Director, Federal Emergency Management Agency, Ms. Dolphia Blocker, Mr. & Mrs. James Digby, Mr. & Mrs. William Frumovitz, Mr. & Mrs. Edward Gomoll, Mr. & Mrs. Brian Grazer, Ms. Eleanor Mirsky, Mr. Pernell Roberts, Ms. Kara Knack v. Director, Federal Emergency Management Agency, Gerald Breslauer, Trustee of the Pacific Coast Highway Security Trust, and Robert Ferguson v. Director, Federal Emergency Management Agency, Samuel and Carolyn Black, Stephen and Brigette Bosustow, Sumi Tatsui, Anthony and Hedy Stute v. Director, Federal Emergency Management Agency

847 F.2d 515 · Court of Appeals for the Ninth Circuit · May 20, 1988

Since 1979, the Director of the Federal Emergency Management Agency (FEMA) has administered the program for the federal government through the Federal Insurance Administration. 1 In order to qualify for flood insurance benefits … Because waivers of sovereign immunity are construed narrowly, Lehman v.

Atherton v. United States

176 F.2d 835 · Court of Appeals for the Ninth Circuit · Aug 5, 1949

The government claims that Section 5 (g) is qualified by 50 U.S.C.A. … The immunity was not unlimited and the Government still required a duty of them in the multitudes of civil business connected with the war.

Donald W. Lewis v. Internal Revenue Service

823 F.2d 375 · Court of Appeals for the Ninth Circuit · Jul 30, 1987

“Before the court orders in camera inspection, the Government should be given the opportunity to establish by means of testimony or detailed affidavits that the documents are clearly exempt from disclosure. … United States IRS, 742 F.2d 1173 , 1177, 1179 & n. 13 (9th Cir.1984) ( 26 U.S.C. § 6103 (b)(2) qualifies as an exemption statute under Exemption 3).

B.K. v. Thomas Betlach

922 F.3d 957 · Court of Appeals for the Ninth Circuit · Apr 26, 2019

Yet the plaintiffs have both here and in the district court premised their arguments on the reasoning that proving risk alone establishes an EPSDT claim. … SNYDER comprehensive evaluations, timely annual visits, semi- annual preventative dental health care, adequate health assessments, and immunizations.” Maj. op. at 21.

William Clark v. Jill Brown, Warden, California State Prison at San Quentin

442 F.3d 708 · Court of Appeals for the Ninth Circuit · Mar 17, 2006

If those had been the facts, the Court wrote, the arson would not have qualified as a special circumstance. … In Webster , we implicitly — but clearly — rejected the State’s suggested application of McSherry to special circumstance statutes.