Case law

Scot L. Zimmerman v. State of Oregon Department of Justice

183 F.3d 1161 · Court of Appeals for the Ninth Circuit · Jul 28, 1999

In this respect as well, the panel clearly errs. … Likewise, the Senate Labor Committee Report states that employment discrimination is prohibited by Title II: “The existence of non-disability related factors *1168 in the rejection decisions does not immunize employers” making

Brant R. Honkanen v. Mike Doyle

981 F.2d 1258 · Court of Appeals for the Ninth Circuit · Dec 22, 1992

immunity from money damages under § 1983 "insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." … Furthermore, any such actions are within Roberts' qualified immunity, see infra

Apac v. Bpa

Court of Appeals for the Ninth Circuit · Oct 28, 2013

We held that the petitioners had standing to sue EPA, concluding, in part, that their pecuniary injury was “clearly a sufficient basis” upon which to establish an “injury in fact,” as required by Lujan.25 Id. at 1537 (quotation … BPA will then determine if the IOU qualifies for REP benefits by comparing the IOU’s ASC to the “utility-specific exchange rate” established for that IOU. ROD 112.

C.J.L.G., a Juvenile Male v. Jefferson Sessions

880 F.3d 1122 · Court of Appeals for the Ninth Circuit · Jan 29, 2018

matters of immigration policy, we have heeded the Supreme Court’s admonition that the “‘power to expel or exclude aliens [is] a fundamental sovereign attribute exercised by the Government’s political departments largely immune … “The lack of a full and fair hearing ... will not-alone establish a due process violation. The alien must establish that [ ]he suffered prejudice.” Jacinto, 208 F.3d at 734 .

Saratoga Fishing Co. v. Marco Seattle Inc.

69 F.3d 1432 · Court of Appeals for the Ninth Circuit · Oct 26, 1995

Thus, if a manufacturer’s product is altered by a seller or other intermediary, the manufacturer might be immune from strict liability. See Restatement § 402A cmt. p. … Many qualified experts testified on both sides regarding the efficacy of the hydraulic system’s design and the feasibility and safety of other designs.

Duanna Knighton v. Cedarville Rancheria of Npi

922 F.3d 892 · Court of Appeals for the Ninth Circuit · Apr 24, 2019

The Tribe’s governing body is the Community Council, which is composed of all qualified voters of the Rancheria who are 18 years of age or older. … “Doing otherwise would impermissibly broaden Montana’s scope beyond what any precedent requires and restrain tribal sovereign authority despite Congress’s clearly stated federal interest in promoting tribal self-government

Malmin v. Board of Com'rs of Idaho State Bar

30 F.3d 139 · Court of Appeals for the Ninth Circuit · Aug 2, 1994

The district court denied most of these requests and confined discovery to the anti-trust claim, granting the defendants' motion to stay discovery on all other issues until the question of defendants' qualified immunity was … violate clearly established principles of which a reasonable person should have known.

In Re Weisman

5 F.3d 417 · Court of Appeals for the Ninth Circuit · Sep 21, 1993

The district court reversed the bankruptcy judge's finding as clearly erroneous and entered judgment for the trustee. … We apply a clearly erroneous standard to the bankruptcy court's findings of fact and review its conclusions of law de novo. Id. II.

Holl v. U.S. Dist. Court for the N. Dist. of Cal.

925 F.3d 1076 · Court of Appeals for the Ninth Circuit · May 30, 2019

In relevant part, Section 52 provides in bold print: Claimant and UPS agree that, except for disputes that qualify for state courts of limited jurisdiction (such as small claims, justice of the peace, magistrate court, and … CONCLUSION Faced with the heavy burden of showing a "clear and indisputable" right to the extraordinary remedy he seeks, Holl fails to establish the type of "judicial usurpation of power" or "clear abuse of discretion" that

Joseph R. Scamihorn, Jr. v. General Truck Drivers, Office, Food and Warehouse Union, Local 952 Albertson's, Inc.

282 F.3d 1078 · Court of Appeals for the Ninth Circuit · Mar 4, 2002

Brannon alone and these formal counseling sessions qualify as “continuing treatment by a health care provider.” B. … The regulations clearly contemplate not only the physical but, just as important, also the psychological care that seriously ill parents often require from their care-giving children.

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.

Ida Hudson v. Moore Business Forms, Inc.

827 F.2d 450 · Court of Appeals for the Ninth Circuit · Sep 2, 1987

The facts are in dispute as to whether Hudson was qualified for a transfer or was offered the opportunity to do so. Id. at 473 . … The fact that others may have engaged in abusive pleading practices is not a convincing reason to immunize Littler from sanctions. III.

McNeff v. Pleasanton Police Department

Court of Appeals for the Ninth Circuit · Oct 30, 2025

Qualified immunity, when raised at the motion to dismiss stage, warrants dismissal unless the plaintiff: (1) pleads facts showing that the government official violated a constitutional right; and (2) meets his “burden of … proof that the right allegedly violated was clearly established at the time of the alleged misconduct.” 1 McNeff waived any challenge to the dismissal of his claims against the other defendants.

David Adams v. County of Los Angeles Charles B. Musgrave Lt. Thomas Ewens Gary E. Vance Dan Strasburg Deborah Strasburg

103 F.3d 137 · Court of Appeals for the Ninth Circuit · Nov 22, 1996

arrest. 3 We have jurisdiction pursuant to 28 U.S.C. § 1291 and review de novo the district court's grant of summary judgment on the basis of qualified immunity. … See id. 5 A qualified immunity defense presents two questions. First, we ask whether the law governing Musgrave's conduct was clearly established. See Act Up!/ Portland v. Bagley, 988 F.2d 868, 871 (9th Cir.1993).

Porter v. City of Burbank

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

The officers enjoy qualified immunity. 8 The defense of qualified immunity protects "government officials performing discretionary functions ... from liability for civil damages insofar as their conduct does not violate clearly … At issue is whether surveilling a fugitive's residence constitutes "attempting to make a lawful arrest." 10 At the time of Porter's arrest, this issue was not clearly established.

Mark Owen McGuire v. Wayne Estelle, Warden

919 F.2d 578 · Court of Appeals for the Ninth Circuit · Nov 23, 1990

McGuire’s “confession,” made only after she was granted immunity and had the luxury of attempting to save her husband at no risk to herself, is halting and tentative, marked by evasion and lapses of memory, RT 333-39, 341 … Certainly it would be difficult to come up with language more clearly conveying this idea than that used by the panel.

Gerald Pizzuto, Jr. v. Randy Blades

933 F.3d 1166 · Court of Appeals for the Ninth Circuit · Aug 14, 2019

Because the record does not establish that the state court’s adjudication of Pizzuto’s Atkins claim resulted in a decision that “was contrary to, or involved an unreasonable application of, clearly established Federal law … that the Idaho Supreme Court’s decision was “contrary to” or involved an “unreasonable application” of clearly established Supreme Court precedent.

Long Beach Unified School District v. Dorothy B. Godwin California Living Trust, and Mobil Oil Corporation, Powerine Oil Co.

32 F.3d 1364 · Court of Appeals for the Ninth Circuit · Jul 14, 1994

It’s undisputed that M & P were never involved in dealing with or transporting hazardous substances, so sections (a)(3) and (a)(4) clearly don’t apply. … As a result, the question is whether M & P, as holders of an easement burdening the polluted property, qualify as “owners” or “operators” of the hazardous waste facility.

Ronald John Dupard v. P.R. Kringle, Deputy U.S. Marshal Thomas P. Spillane, Deputy U.S. Marshal

76 F.3d 385 · Court of Appeals for the Ninth Circuit · Feb 9, 1996

immunity" instruction: (1) should not have been given because qualified immunity was not an issue; and (2) misstates the law on qualified immunity by suggesting that the defendants' subjective state of mind is relevant. … failed to do,' " and thus a qualified immunity instruction was appropriate.

United States v. Dorothy Silverman, Administratrix, Estate of Fred R. Silverman, Deceased

859 F.2d 1352 · Court of Appeals for the Ninth Circuit · Oct 13, 1988

This finding is supported by the record and is not clearly erroneous. … This case does not fall within any of the established exceptions to the doctrine. See Kimball, 590 F.2d at 771-72 . We therefore adhere to our prior ruling. 2 .