Case law

Danny Boyd v. Parker, Correctional Officer, Oregon State Penitentiary, Individually in His Official Capacity

51 F.3d 279 · Court of Appeals for the Ninth Circuit · Mar 27, 1995

Credit Union, 24 F.3d 1127, 1139 (9th Cir.1994), and we affirm. 1 I. 3 The qualified immunity doctrine protects government officials from civil liability for damages "insofar as their conduct does not violate clearly established … Thus, Parker is entitled to qualified immunity on the "snitch" claim because his conduct did not violate clearly established rights.

Pacific Live Stock Co. v. Warm Springs Irr. Dist.

270 F. 555 · Court of Appeals for the Ninth Circuit · Feb 7, 1921

to testify to any matter of opinion lias such qualifications and knowledge as to make his testimony admissible is a preliminary question for the judge presiding at the trial; and his decision of it is conclusive, unless clearly … Indeed, if the rule were as stringent as contended, no value could be established in a community until there had been sales of the property in question, or similar property. * * * It is fully open to the adverse party, if

John E. Brady v. Glen E. Robinson, U.S. Marshal

77 F.3d 488 · Court of Appeals for the Ninth Circuit · Feb 20, 1996

III. 9 Brady also argues that the district court erred in applying the doctrine of qualified immunity. … A governmental official performing discretionary functions is entitled to qualified immunity from civil liability for damages if a reasonable officer could have believed that the conduct was lawful, in light of clearly established

Hughes Salaried Retirees Action Committee Peter Formo Richard E. Miller Norman C. Rigby v. Administrator of the Hughes Non-Bargaining Retirement Plan

72 F.3d 686 · Court of Appeals for the Ninth Circuit · Dec 15, 1995

ERISA § 104(b)(4) The majority opinion concludes that a list of the names and addresses of plan beneficiaries does not qualify as a “plan instrument” under ERISA § 104(b)(4). … Section 104(b)(4) requires the disclosure of “other instruments under which the plan is established or operated.”

36 Fair empl.prac.cas. 1781, 38 Fair empl.prac.cas. 1863, 36 Empl. Prac. Dec. P 34,979 Joan A. Hagans v. William Clark, Secretary of the Department of Interior

752 F.2d 477 · Court of Appeals for the Ninth Circuit · May 3, 1985

Specifically, the plaintiff insists that Hagans II established that the fourth element of the McDonnell Douglas test is met merely by showing that a similarly qualified male was hired instead of her. 1 22 This misreads Hagans … We need not decide whether the de novo or clearly erroneous standard is proper because we conclude that under either standard the district court correctly determined that the plaintiff failed to establish a prima facie case

A. Brown v. T. Dunbar

376 F. App'x 786 · Court of Appeals for the Ninth Circuit · Apr 20, 2010

The prohibition of selective enforcement based on an impermissible motive is clearly established under Squaw Valley Dev. Co. v. … Thus, we reverse the district court’s denial of summary judgment and hold that Joiner was entitled to qualified immunity on the equal protection claim. 7.

Vo v. Benov

Court of Appeals for the Ninth Circuit · May 22, 2006

The court ruled that the magistrate judge did not clearly err in finding that the “uprising” prong of the test for applying the political offense exception had not been met. … Supp. 2d at 928 (“The initial burden of proof is on defendant to establish the essential elements of the political offense exception.”). 5524 VO v.

United States v. Marites Barrogo

Court of Appeals for the Ninth Circuit · Feb 2, 2023

These items were clearly not intended for personal household consumption. … But for present purposes, it is sufficient to conclude that the EBT card is a tangible item on which information is recorded, and so clearly qualifies as a “document.” Barrogo makes one final argument.

United States v. Mark Kevin Hicks

217 F.3d 1038 · Court of Appeals for the Ninth Circuit · Jul 31, 2000

Yeaman, 194 F.3d 442, 457 (3d Cir.1999) (“Section lB1.3(a)(3) establishes a causation requirement when determining actual loss.”); United States v. … McKittrick, 142 F.3d 1170, 1178 (9th Cir.1998), the district court did not clearly err in concluding that this was not such a case.

Wayne Dale Schell v. Larry Witek, Warden Bill Lockyer, Attorney General, State of California, 1

218 F.3d 1017 · Court of Appeals for the Ninth Circuit · Jul 11, 2000

The qualified right of choice of counsel applies only to persons who can afford to retain counsel. See Caplin & Drysdale, Chartered v. … The record does not clearly reflect, however, whether Schell’s attorney in fact consulted a fingerprint expert and whether that expert gave a favorable report.

Prudential Locations LLC v. U.S. Department of Housing & Urban Development

648 F.3d 768 · Court of Appeals for the Ninth Circuit · Jun 9, 2011

We express no view on that question and assume without deciding that the documents qualify. … The only issue then is whether disclosing the redacted information “would constitute a clearly unwarranted invasion of personal privacy.” Id.

Magana-Magana v. Garland

129 F.4th 557 · Court of Appeals for the Ninth Circuit · Dec 26, 2024

The panel explained that the Supreme Court established in Wilkinson v. Garland, 601 U.S. 209 (2024), and Guerrero-Lasprilla v. … Moreover, such an inquiry qualified as a “question[] of law” within the scope of § 1252(a)(2)(D). See id. Next, in Patel v.

Crow Tribe of Indians v. Montana

819 F.2d 895 · Court of Appeals for the Ninth Circuit · Jun 11, 1987

Clearly, this case resembles Cabazon more than it does Colville. The coal is the Tribe’s property, a natural resource. … From all of this, one must conclude that the taxes imposed are the components that differ most clearly between Montana and Wyoming.

97 Cal. Daily Op. Serv. 8, 97 Daily Journal D.A.R. 41 Manuel Augusto Santamaria-Ames, Aka: Manuel A. Santamaria-Ames v. Immigration and Naturalization Service, District Director

104 F.3d 1127 · Court of Appeals for the Ninth Circuit · Dec 31, 1996

Thus, the INS and the district court may consider conduct prior to the one-year regulatory period in determining whether an otherwise qualifying veteran has established the requisite good moral character to merit naturalization … However, deference is not afforded if the administrative construction is clearly contrary to the plain and sensible meaning of the regulation. Borregard v. National Transp. Safety Board, 46 F.3d 944, 946 (9th Cir.1995).

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.

Public Integrity Alliance, Inc. v. City of Tucson

836 F.3d 1019 · Court of Appeals for the Ninth Circuit · Sep 2, 2016

Persons who reside within that ward and are registered with a political party qualified for representation on the ballot may vote in their party’s ward-level primary. Ariz. Rev. … Gray establishes no such principle.

Robleto-Pastora v. Holder

Court of Appeals for the Ninth Circuit · May 27, 2009

See Kaganovich, 470 F.3d at 898 (agreeing with BIA’s determination that INA’s refugee provisions could not be read to immunize refu- gees from the INA’s removal provision). … [14] Petitioner fails to establish prejudice.

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.

Rex K. DeGEORGE, Petitioner, v. UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA, Respondent

219 F.3d 930 · Court of Appeals for the Ninth Circuit · Jul 18, 2000

The statute clearly states that the government need only establish that “evidence of an offense,” not evidence essential to bringing charges on an offense, is “in [a] foreign country.” 18 U.S.C. § 3292 (a)(1). … Finally, DeGeorge argues that the foreign evidence the government seeks to qualify for a section 3292 suspension must be unavailable in the United States.

Barnard v. United States

162 F. 618 · Court of Appeals for the Ninth Circuit · May 4, 1908

No mere pretense of establishing a residence upon the land or occasional visits to it will answer the requirement. … If the admission of this evidence was error, it was clearly without prejudice, as it was not contradicted in any particular.