Case law

United States v. Lonnie Leroy Haughton

413 F.2d 736 · Court of Appeals for the Ninth Circuit · Jul 23, 1969

qualified for exemption.” … His explanation, if true, shows an orientation to the world and his fellow man which “occupies] the same place in [his] life * * * as an orthodox belief in God holds in the life of one clearly qualified for exemption.”

Mendez v. County of San Bernardino

540 F.3d 1109 · Court of Appeals for the Ninth Circuit · Aug 27, 2008

Nonetheless, the district court’s findings of fact as to the reprehensibility of Reyes’ conduct were not clearly erroneous. … These rules establish “minimum standards for training of city police officers” and other peace officers in California. See CahPenal Code § 13510(a).

Kennewick Irrigation District v. United States

880 F.2d 1018 · Court of Appeals for the Ninth Circuit · Jul 12, 1989

Having held that we must remand the question, we observed, “Clearly a decision to use the cheapest and easiest method in contravention of safety standards could not be a protected discretionary function, any more than the … They were not based on public policy and they are not entitled to immunity from lawsuit based on negligence under the discretionary function exception.

Althea G. Williams v. United States

215 F.2d 800 · Court of Appeals for the Ninth Circuit · Sep 8, 1954

We are fully persuaded that the Murphey case is clearly distinguishable on the facts. … We need not stress the fact that when the sovereign waives its immunity from suit, it .may, as here, do so on its own terms.

In Re Worlds Of Wonder Securities Litigation

35 F.3d 1407 · Court of Appeals for the Ninth Circuit · Sep 15, 1994

Rather, the prospectus clearly warned that the company's attempt to improve internal controls could prove to be inadequate. … That contention is not sufficient to establish scienter. "[T]he mere publication of inaccurate accounting figures, or a failure to follow GAAP, without more, does not establish scienter."

Rahim v. Gomez

87 F.3d 1321 · Court of Appeals for the Ninth Circuit · Jun 13, 1996

We agree with the district court that defendants are entitled to qualified immunity. … Government officials performing discretionary functions are entitled to qualified immunity from civil liability for damages when reasonable officials could have believed that the conduct was lawful in light of clearly established

Ramstad v. Hodel

756 F.2d 1379 · Court of Appeals for the Ninth Circuit · Apr 2, 1985

These considerations are clearly appropriate for application in an equitable adjudication. … Both the BLM and the Board suggested in their opinions that Ramstad might qualify for such relief.

United States v. Victor Bazuaye, AKA Victor Austin Abdullahi Nmn Mohammed

240 F.3d 861 · Court of Appeals for the Ninth Circuit · Feb 20, 2001

But, we agree with the Sixth Circuit’s decision in Scartz that the use of normal banking channels is enough to establish the interstate commerce element of the offense. … A defendant who qualifies for this reduction is eligible for an additional one point reduction if the original offense level is 16 or greater and the defendant has assisted authorities in the investigation or prosecution

Chandan Manansingh v. USA

Court of Appeals for the Ninth Circuit · Mar 28, 2023

. § 1985(3) claim based on qualified immunity. See Mullenix v. Luna, 577 U.S. 7, 11–12 (2015) (per curiam) (setting forth elements for qualified immunity); Pasadena Republican Club v. … We affirm the dismissal of Plaintiffs’ FTCA claims against the United States on sovereign immunity grounds.

Cheng Hsu v. PBIG Management Co.

291 F. App'x 809 · Court of Appeals for the Ninth Circuit · Aug 18, 2008

As the district court found, and as this panel unanimously concludes to be not clearly erroneous, such actions are sufficient to constitute “general solicitation” under federal law. … In its findings of fact and conclusions of law, the district court found that the four contested investors were qualified.

Fernando Belmontes, Jr. v. Jill L. Brown, Warden, for the California State Prison at San Quentin

414 F.3d 1094 · Court of Appeals for the Ninth Circuit · Jul 15, 2005

reasonably determines ■ the facts and correctly identifies the governing federal standard, a federal court can grant a writ of habeas corpus only if the state court was objectively unreasonable in its application of clearly-established … However, we have held that circuit court holdings suffice to create “clearly established” rale of law under Teague. Bell v. Hill, 190 F.3d 1089, 1091 (9th Cir.1999).

Lira v. Herrera

427 F.3d 1164 · Court of Appeals for the Ninth Circuit · Oct 31, 2005

Ter- hune, 315 F.3d 1108 (9th Cir. 2003), we held that § 1997e(a) is not a jurisdictional requirement that the plaintiff must plead and establish. … Instead § 1997e(a) establishes an affirmative defense, waived if the defendant does not raise it. Id. at 1117- 18 & n.9.

Fireman's Fund Insurance v. City of Lodi, California

302 F.3d 928 · Court of Appeals for the Ninth Circuit · Aug 6, 2002

The district court also held that the defendants sued in their individual capacities are entitled to qualified immunity. Id. at 1107 . … Eu, 979 F.2d 697, 704 (9th Cir. 1992). .Lodi asserts that the official capacity claims against these three municipal officers were also dismissed by the district court on qualified immunity grounds.

Oma Belle Day v. Walter J. Hickel, Secretary of the Interior of the United States

481 F.2d 473 · Court of Appeals for the Ninth Circuit · Apr 10, 1973

“It has long been established that a qualified entryman upon public lands of the United States, whether as a locator of a mining claim, as a homesteader, or as one asserting rights under others of the multifarious laws governing … Appellant’s difficulty is that she has not established her compliance with any applicable Act of Congress. Under her color of title application Mrs.

United States v. Real Property Known as 22249 Dolorosa Street

190 F.3d 977 · Court of Appeals for the Ninth Circuit · Jul 20, 1999

There is no doubt that “[c]ircumstantial evidence of drug transactions is sufficient to support the establishment of probable cause in a forfeiture proceeding.” United States v. $5,644,540.00 in U.S. … Even assuming that expertise in defending civil forfeiture actions qualifies as a practice specialty requiring distinctive knowledge and skills, the second and third requirements have not been met here.

Petersen Ex Rel. L.P. v. Lewis County

694 F. App'x 474 · Court of Appeals for the Ninth Circuit · Aug 3, 2017

Ct. 548, 552 (2017) (per curiam) (reiterating “the longstanding principle that ‘clearly established law’ should not be defined ‘at a high level of generality’” (citations omitted)). … The district court therefore correctly granted qualified immunity to McKnight on the excessive force claim.

Widing Transportation, Inc. v. Interstate Commerce Commission

545 F.2d 652 · Court of Appeals for the Ninth Circuit · Nov 1, 1976

This was a rational basis for choosing among eight motor carriers, each qualified to conduct expanded service. … The evidence submitted by the five interlining applicants was duplicative and failed to clearly establish the individual operations of each carrier, precluding the administrative law judge from making a rational choice among

United States v. Novak

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

Va. 2004) (“Because defendant’s interest in an ERISA qualified plan does not fit within any of the exceptions listed in § 3613(a), it follows that ERISA is no bar to garnishment of a qualified pension plan to collect a criminal … The few exceptions to this rule are clearly indicated within the statutory text.

United States v. Nelson E. "Buck" Sanford

547 F.2d 1085 · Court of Appeals for the Ninth Circuit · Dec 23, 1976

It would clearly violate the intent of Congress to read the statute as not governing the entries of hunting guides. … Under these circumstances federal authorization cannot immunize federal officials from the force and effect of Montana game laws.

Terry Wilson v. Larry Kincheloe, Superintendent Ken Killian

86 F.3d 1165 · Court of Appeals for the Ninth Circuit · May 29, 1996

Qualified immunity, however, protects "government officials ... from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … Fitzgerald, 457 U.S. 800, 818 (1982)). 5 The defendants are entitled to qualified immunity for Wilson's claims regarding contact visits and rehabilitative services because, given established Ninth Circuit precedent at the