Case law

Watts v. James

953 F.2d 1389 · Court of Appeals for the Ninth Circuit · Feb 3, 1992

If qualified immunity applies, the shield from liability will be lifted only if the correctional officer's conduct "violate[s] clearly established statutory or constitutional rights of which a reasonable person would have … Id. at 590. 10 Therefore, given Watts' failure to demonstrate a clearly established right to be present when correspondence to or from a public agency is opened, Officer James was entitled to invoke qualified immunity and

Cherry v. Washington Department of Fish and Wildlife

Court of Appeals for the Ninth Circuit · Aug 21, 2026

In dismissing the Employees’ Title VII and WLAD claims, the district court assumed the Employees had “established a prima facie case of Title VII failure to accommodate.” 1-ER-47. … The district court granted summary judgment to the Department, holding that sovereign immunity barred the damages claims against the Department and the officers in their official capacities, and qualified immunity barred

Fernando-Ruiz v. Gonzales

Court of Appeals for the Ninth Circuit · Nov 14, 2006

If the record of conviction that is intro- duced at the hearing before the IJ is not sufficient to establish that the offense qualifies as a basis for removal, “the govern- ment has not met its burden of proving that the … [7] Moreover, we cannot apply the modified categorical approach because the record does not contain any “documen- tation or judicially noticeable facts that clearly establish that the conviction is a [crime of moral

Georgia Henson v. John Florez, Robert Kinoshita, and Joe Cuccia

9 F.3d 1551 · Court of Appeals for the Ninth Circuit · Nov 1, 1993

The district court granted the Supervisors' motion for summary judgment on the grounds of qualified immunity. We have jurisdiction of the timely appeal pursuant to 28 U.S.C. § 1291 . … We hold that qualified immunity bars suit against the officials for the alleged constitutional violations. 6 1. Right of Privacy under the Fourteenth Amendment 7 The Constitution protects two types of privacy interests.

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.

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.

Richard Elsmore v. Dario Cruz

Court of Appeals for the Ninth Circuit · Jul 25, 2018

The district court, however, is free to reexamine qualified immunity at the summary judgment stage. 2 the tow, Cruz is not entitled to qualified immunity. … In any event, there is no clearly established law that requires post-tow hearings to be interruption-free. We therefore affirm the district court’s dismissal of this claim on the ground of qualified immunity.

Sontos Diaz-Reynoso v. William Barr

968 F.3d 1070 · Court of Appeals for the Ninth Circuit · Aug 7, 2020

To qualify for relief under CAT, an alien must establish it is more likely than not that he or she would be tortured if returned to the proposed country of removal. Garcia-Milian v. … It is hard to understand why the BIA was required to say more when petitioner’s claim clearly failed for a specific reason.

Johnson v. Hislop

272 F. 913 · Court of Appeals for the Ninth Circuit · May 2, 1921

He stated, further, that at the time he went to receive the sheep he went prepared to make an examination of the sheep, to determine whether or not they qualified under the contract. … He introduced testimony tending to establish that issue by a preponderance of evidence, anticipating that the defendant might attempt to establish the affirmative of his defense that he did deliver the sheep described in

US Ex Rel. Scott Rose v. Stephens Institute

901 F.3d 1124 · Court of Appeals for the Ninth Circuit · Aug 24, 2018

To qualify for such funds, schools must comply with a number of statutory, regulatory, and contractual requirements. … Hendow and Escobar, therefore, are not clearly irreconcilable. Miller, 335 F.3d at 893. 16 UNITED STATES EX REL. ROSE V. STEPHENS INST.

Pankratz Lumber Company v. Federal Energy Regulatory Commission

824 F.2d 774 · Court of Appeals for the Ninth Circuit · Aug 12, 1987

Because the Memorandum of Agreement clearly showed that Pankratz neither owned nor had an option to acquire the land necessary for the project, the application was patently deficient. … The case is clearly distinguishable.

Brackney v. Combustion Engineering, Inc.

674 F.2d 812 · Court of Appeals for the Ninth Circuit · Apr 15, 1982

We find that this determination of the district court is not clearly wrong and must be affirmed. … As to Brackney’s due process claim, a facts and circumstances test on this issue was established by the Supreme Court in 1890. In Wheeler v.

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.

George McGinest v. Gte Service Corp. Mike Biggs

360 F.3d 1103 · Court of Appeals for the Ninth Circuit · Mar 11, 2004

Subjective hostility is clearly established in the instant case through McGinest’s unrebutted testimony and his complaints to supervisors and to the EEOC. Id. at 873. … An adverse employment action is one that "is reasonably likely to deter employees from engaging in protected activity,” Ray, 217 F.3d at 1243 ; clearly, denial of a promotion qualifies as an adverse employment action.

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

Bray v. Commissioner of Social Security Administration

554 F.3d 1219 · Court of Appeals for the Ninth Circuit · Feb 6, 2009

DISCUSSION ALJs are to apply a five-step sequential review process in determining whether a claimant qualifies as disabled. 3 Bowen v. … It is important that these findings be made at all levels of adjudication to clearly establish the basis for the determination or decision for the claimant and for a reviewing body including a Federal district court.

Cassirer v. Thyssen-Bornemisza Collection Foundation

737 F.3d 613 · Court of Appeals for the Ninth Circuit · Dec 9, 2013

The district court ruled that it had subject matter jurisdiction under the Foreign Sovereign Immunity Act’s exception to sovereign immunity for lawsuits involving rights in property taken in violation of international law … We affirm the district court’s ruling that “the Foundation cannot establish such a claim on the basis of the current record.” In Campbell v.

Northern Pac. Ry. Co. v. McCormick

94 F. 932 · Court of Appeals for the Ninth Circuit · May 22, 1899

This clearly does not mean all sections of land designated by odd numbers within the limits of the grant, but only such sections as are granted by the act to the railroad company. … route of the road was fixed, February 21, 1872, and prior to the establishment of its line of definite location, July 6, 1882, certain persons, qualified to enter mineral lands under the laws of the United States, entered

Table Bluff Reservation (Wiyot Tribe) v. Philip Morris, Inc.

256 F.3d 879 · Court of Appeals for the Ninth Circuit · Jul 16, 2001

.§§ 1981, the Privileges and Immunities Clause, the Thirteenth Amendment, and 42 U.S.C. §§ 1985 (3). … The Hise court characterized this allegation as "frivolous," because "plaintiffs clearly have no recognized property interest in paying a certain sum to a retailer to purchase a tobacco product." Id.

Margaret Dezell v. Day Island Yacht Club

796 F.2d 324 · Court of Appeals for the Ninth Circuit · Aug 8, 1986

Both the “fire and police protection” and the “sanitation inspection” arguments fall within the “state-furnished services” category, established in Moose Lodge No. 107 v. … The Liquor Board clearly never intended Wash.Admin.Code R. 314-16-195 to apply to private clubs qualifying for Class H licenses under Wash.Rev.Code § 66.24.450. See Op. Att’y Gen. No. 18 (1972).