Case law

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 .

David Lavelle v. Lvmpd

Court of Appeals for the Ninth Circuit · Aug 12, 2022

The district court properly dismissed Brown on the basis of qualified immunity, because the right LaVelle asserts—the right to preach in public on an amplified system audible at fifty feet—was not clearly established. … Qualified immunity shields an officer unless the officer infringes upon a constitutional right that is “clearly established,” meaning that its “contours” are “sufficiently clear that a reasonable official would understand

Credit Managers Ass'n v. Kennesaw Life & Accident Insurance

809 F.2d 617 · Court of Appeals for the Ninth Circuit · Feb 5, 1987

This language is mandatory, but not clearly exclusive. It does not address specifically a case like the instant one, in which the Insurance Commissioner acquiesces in the appointment of another receiver. … An employer, however, can establish an ERISA plan rather easily.

Robin E. Persons Estate of Kelly Persons and Timothy Persons v. United States

925 F.2d 292 · Court of Appeals for the Ninth Circuit · Jan 30, 1991

United States, 340 U.S. 135 , 71 S.Ct. 153 , 95 L.Ed. 152 (1950), immunized the United States from claims arising out of activity incident to service. … For example, appellants must establish that the Navy hospital breached a legal duty by failing to provide them with counseling services.

San Francisco Baykeeper Citizens Committee to Complete the Refuge Michael R. Lozeau v. Cargill Salt Division Cargill Inc., San Francisco Baykeeper Citizens Committee to Complete the Refuge, and Michael R. Lozeau v. Cargill Salt Division Cargill Inc.

481 F.3d 700 · Court of Appeals for the Ninth Circuit · Mar 8, 2007

Baykeeper's failure to establish that Cargill's Pond was a water of the United States is a failure to make out a case, not a failure to establish the jurisdiction of the court. See Arbaugh v. … to make out a claim, not a failure to establish jurisdiction).

Atkin v. Stewart

62 F. App'x 173 · Court of Appeals for the Ninth Circuit · Apr 24, 2003

established federal law as established by the *175 Supreme Court. 28 U.S.C. § 2254 (d)(1); Shackleford v. … In Andrade , the Supreme Court observed that “one governing legal principle emerges as ‘clearly established’ under § 2254(d)(1): A gross disproportionality principle is applicable to sentences for terms of years.” 123 S.Ct

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.

97 Cal. Daily Op. Serv. 9395, 97 Daily Journal D.A.R. 15,121 National Association for the Advancement of Colored People, Los Angeles Branch Multicultural Collaborative Southern Christian Leadership Conference of Greater Los Angeles California Public Interest Research Group Southern California Americans for Democratic Action David E. Allen Frank L. Berry Hester M. Watkins Talt Coldiron Dolores C. Stephens Isaac R. Elnecave Denise M.M. Robb Michael A. Feinstein James E. Sturm Allen Rubinstein Arnold Arbiso Charles L. Lindner v. Bill Jones, Secretary of State of California Conny B. McCormack Registrar of Voters for Los Angeles County Michael D. Antonovich Yvonne Braithwaite Burke Deane Dana Gloria Molina Zev Yaroslavsky, Members of the Board of Supervisors of Los Angeles County Board of Supervisors of Los Angeles County

131 F.3d 1317 · Court of Appeals for the Ninth Circuit · Dec 16, 1997

Neither Smith nor Terry confers a right on voters to have equal influence in the election process. 30 Nor can plaintiffs cite any case establishing a fundamental right of voters to contribute to a successful campaign. … Without heightened scrutiny, the statutory system clearly passes muster. III 37 The plaintiffs fail to state a claim upon which relief can be granted.

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.

Noyes v. Kelly Services

Court of Appeals for the Ninth Circuit · May 29, 2007

has been established. 411 U.S. 792, 802-04 (1973). … Mary’s Honor clearly does not alter the burden on summary judgment. In St.

McMorris v. Alioto

567 F.2d 897 · Court of Appeals for the Ninth Circuit · Jan 18, 1978

The search must be clearly necessary to secure a vital governmental interest, such as protecting sensitive facilities from a real danger of violence. United States v. Davis, supra; United States v. … He is under no compulsion to submit. 3 The requirement that a person give this qualified consent to the search strictly circumscribes the state’s authority and validates the limited intrusion at issue here.

United States v. Richard O. Reb'll

878 F.2d 298 · Court of Appeals for the Ninth Circuit · Jun 26, 1989

But courtroom identification is not the only means of establishing this critical fact. … His evidence meets the requirement of Fed.R.Evid. 901(a), and a foundation for the admission of the tapes was established.

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.

United States v. Smith

Court of Appeals for the Ninth Circuit · Mar 31, 2008

SMITH 3251 qualify as a doctor. … This instruction took a critical issue of fact away from the jury in violation of clearly established constitutional law. Accord- ingly, Medley’s enhancement . . . must be vacated. Id.

Pedro Alma v. Manufacturers Hanover Trust Co., as Trustee for Tanker Charter Corporation and Maritime Overseas Corporation

684 F.2d 622 · Court of Appeals for the Ninth Circuit · Aug 17, 1982

Gill was clearly relevant and Dr. Gill was *625 clearly qualified to give the opinion. The only question was the order of proof. … Each of the two elements must be independently established by competent evidence. United States v. English, 521 F.2d at 75 ; Hollinger v. United States, 651 F.2d at 641-42 .

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.

Boatowners & Tenants Ass'n v. Port of Seattle

716 F.2d 669 · Court of Appeals for the Ninth Circuit · Sep 22, 1983

We found that the statute was clearly intended to specially benefit handicapped persons and to create rights in handicapped persons that were enforceable under the administrative procedures provided in the Act. … any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities

Liquid Veneer Corporation v. Smuckler

90 F.2d 196 · Court of Appeals for the Ninth Circuit · May 10, 1937

It appears by the appellant’s motion to quash and affidavits in support, that the defendant never did qualify to do-business in the state. … The .witness was clearly qualified. Wigmore on Evidence, §§ 555, 561 and 1723. He had been merchandising many years, had sold the merchandise, knew its merit, also the degree of public favor it received.

Pritchard v. Blue Cross Blue Shield of Illinois

Court of Appeals for the Ninth Circuit · Nov 17, 2025

Typically, “qualifying phrases are to be applied to the words or phrase immediately preceding the qualifier and are not to be construed as 3 Even if BCBSIL had disputed this point, we have held that “Section 1557 . . . … BCBSIL concedes that it is not immune from Section 1557 liability if it discriminates “without instruction from the plan.”