Case law

Drake v. Obama

Court of Appeals for the Ninth Circuit · Dec 22, 2011

We noted that whether the officials could in fact be subject to civil liability was dependent on “multiple contingencies,” including the likelihood of any civil suit and the question whether the offi- cial would be immune … [12] For the foregoing reasons, the political candidates failed to establish redressability sufficient to establish stand- ing.

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

United States v. Vidal

504 F.3d 1072 · Court of Appeals for the Ninth Circuit · Oct 10, 2007

Relying on the transcript of the plea colloquy, during which Smith admitted, through counsel, to having unlawfully entered an inhabited dwelling, we agreed with the district court that the “record clearly established the … Parker, 5 F.3d 1322, 1327 (9th Cir.1993) (holding that charging papers alone did not clearly establish whether the prior conviction was based on conduct that fell within the generic offense)).

Haynes v. Van de Kamp

959 F.2d 240 · Court of Appeals for the Ninth Circuit · Mar 30, 1992

He names as defendants the officers who hypnotized the victim, the prosecutors at his trial, and the California state attorney general, whose office prosecuted the case on appeal. 5 The prosecutors are absolutely immune from … Moreover, the police officers are entitled to qualified immunity because their conduct did not "violate clearly established statutory or constitutional rights of which a reasonable person would have known." Harlow v.

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.

American Sports Radio Network, Inc. v. Krause

546 F.3d 1070 · Court of Appeals for the Ninth Circuit · Oct 9, 2008

The answer to this question will be determinative of the matter pending before this court, and there is no clearly con- trolling precedent in the decisions of the Nevada Supreme Court. … See Execu- tive Mgmt. 38 P.3d at 876 (“Henceforth, the district court should stay an unqualified foreign corporation’s action until the foreign corporation qualifies.

Marvin Howard Bockting v. Robert Bayer

399 F.3d 1010 · Court of Appeals for the Ninth Circuit · Feb 22, 2005

In sum, Bockting has not established that the Nevada Supreme Court’s unavailability determination was “contrary to, or involved an- unreasonable -application of, clearly established Federal law, as determined by the Supreme … (“There is no clearly established Supreme Court precedent which holds that a state violates due pro.

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.

Carlson v. Reed

249 F.3d 876 · Court of Appeals for the Ninth Circuit · May 8, 2001

Clearly, the plain language of this regulation demonstrates that it defines “residence” rather than “domicile.” … Appeal construed section 68062(h) to provide that “undocumented aliens,” that is, “noncitizens who lack valid visas, having *881 entered or remained in the United States in violation of federal immigration law,” cannot qualify

Collins v. Schweitzer, Inc.

21 F.3d 1491 · Court of Appeals for the Ninth Circuit · Apr 26, 1994

Here, the operator clearly generated the risk by the placement of a finish line that aimed one of the two racers directly at the tower. … from tort liability does not necessarily extend to a principal are inapposite; they deal with situations where the agent clearly committed a tort but was immunized from liability, whereas here Schweitzer never committed

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.

Emilia Velasquez-Gaspar v. William Barr

976 F.3d 1062 · Court of Appeals for the Ninth Circuit · Sep 30, 2020

The BIA never rejected that factual finding nor concluded it was clearly erroneous. … clearly erroneous.”

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 .

Jeff Fowler v. Sacramento County Sheriff's Department California Attorney General

421 F.3d 1027 · Court of Appeals for the Ninth Circuit · Aug 31, 2005

established.’ ” Duhaime v. … We therefore conclude that the trial court’s preclusion of the cross-examination was an objectively unreasonable application of clearly established federal law as determined by the Supreme Court.

Bartholomae Corporation v. United States

253 F.2d 716 · Court of Appeals for the Ninth Circuit · Jan 11, 1958

The only persons qualified to speak on the precautions taken to guard the particular explosion were the eminent scientists who conducted the experiment. … The finding of the trial court must stand unless clearly erroneous. This Court is not convinced on the record that a mistake has been made or that the trial court was wrong in this finding.

Kenneth Richardson Norman J. Trapp v. United States

943 F.2d 1107 · Court of Appeals for the Ninth Circuit · Aug 30, 1991

a mistaken judgment in a matter clearly involving choices among political, economic, and social factors. … United States, 346 U.S. 15, 18 , 73 S.Ct. 956, 959 , 97 L.Ed. 1427 (1953), and provides such a waiver of sovereign immunity. Id. at 17 , 73 S.Ct. at 958-59 .