Case law

Frederick J. Tedori, Robin j.tedori v. Order and United States of America

211 F.3d 488 · Court of Appeals for the Ninth Circuit · May 18, 2000

“Qualified export receipts” and “qualified export assets” are respectively defined in Sections 993(a) and (b). … the interest payments at issue in this case were not underpayments in the sense that they were literally tax deficiencies on money presently owed. 12 Instead Section 995(f), by postponing payment of Tedoris’ obligation, clearly

Mario Alvarez v. James H. Gomez, Director Attorney General of the State of California

185 F.3d 995 · Court of Appeals for the Ninth Circuit · Jul 28, 1999

A request for counsel need not be stated as a model of eloquence and clarity in order to qualify as an unequivocal invocation of the right to counsel. See id. at 459 , 114 S.Ct. 2350 . … A valid waiver “cannot be established by showing only that [the accused] responded to further police-initiated custodial interrogation” even after being newly advised of his rights.

Bolanos-Hernandez v. Immigration & Naturalization Service

749 F.2d 1316 · Court of Appeals for the Ninth Circuit · Dec 19, 1984

who qualifies under section 208(a) may have only established the existence of a valid reason for fear. 13 Rather than evaluating Bolanos’ section 208(a) and section 243(h) claims separately, the Immigration Judge and Board … The evidence clearly shows that the guerrillas have the ability and the will to carry out their threats. B.

United States v. Bonds

608 F.3d 495 · Court of Appeals for the Ninth Circuit · Jun 11, 2010

Any such misstatement had no bearing on the court’s ruling, however, because the court clearly ruled that the government failed to show the statements were authorized by Bonds. It thus applied the correct standard. … in itself to establish an agency relationship for the purposes of the rule.

Forbes Media LLC v. United States

Court of Appeals for the Ninth Circuit · Mar 13, 2023

We have held that “logic alone, even without experience, may be enough to establish the right.” Copley Press, 518 F.3d at 1026. … In Times Mirror, “logic” did not support public access because the “clearly legitimate” interests supporting disclosure were “more than outweighed by the damage to the criminal investigatory process that could result from

United States v. Arias-Villanueva

998 F.2d 1491 · Court of Appeals for the Ninth Circuit · Jul 20, 1993

We review “de novo the legal question of whether the government established a prima facie showing of conspiracy but apply a clearly erroneous standard in reviewing whether a challenged statement was made in the course and … To establish a violation of section 843(b), “the government must establish knowing and intentional use of a communications facility ...

Louise Andrich v. Gus Kostas

Court of Appeals for the Ninth Circuit · Sep 21, 2023

Given those undisputed facts, the district court did not err in concluding that Plaintiff had not established that the officers violated a “clearly established” right and that they therefore were entitled to qualified immunity … The use of Tasers also did not violate clearly established law.

Madero Pouncil v. James Tilton

704 F.3d 568 · Court of Appeals for the Ninth Circuit · Nov 21, 2012

Tilton cannot raise qualified immunity to such a claim. See Vance v. Barrett, 345 F.3d 1083, 1091 n.10 (9th Cir. 2003) (noting, “[A] defense of qualified immunity is not available for prospective injunctive relief.” … Unlike Ledbetter, who was unable to point to a later act that fully established the alleged violation, Ledbetter, 550 U.S. at 629, Pouncil does point to a later act, the 2008 denial, that fully establishes a First Amendment

36 Fair empl.prac.cas. 725, 41 Fair empl.prac.cas. 481, 41 Empl. Prac. Dec. P 36,478 Paul E. Johnson v. Transportation Agency, Santa Clara County, California, and Service Employees International Union Local 715, Intervenor-Appellant

770 F.2d 752 · Court of Appeals for the Ninth Circuit · Sep 5, 1985

Enforcing it to change the male-female ratio in the skilled trades from 238 to zero, to 237 to one, clearly falls on the attainment side of the line. … Pursuant to the Agency plan, Joyce's sex was viewed as an additional positive factor in an otherwise qualified candidate.

Ruben Hernandez v. T. McCraken

Court of Appeals for the Ninth Circuit · Jan 23, 2019

We lack jurisdiction to consider McCracken’s appeal of the district court’s denial of qualified immunity with respect to Hernandez’s Fourth Amendment claim because McCracken’s sole challenge to the denial of qualified immunity … We reverse the district court’s denial of qualified immunity as to Hernandez’s Fourteenth Amendment claim, and remand with instructions to grant McCracken’s motion for summary judgment on the basis of qualified immunity

Emeldi v. University of Oregon

673 F.3d 1218 · Court of Appeals for the Ninth Circuit · Mar 21, 2012

As the above discussion reveals, there is ample circumstantial evidence to establish causation. … While the University characterizes Emeldi's answer as an admission that she does not know whether Horner’s resignation was motivated by retaliatory animus, we note that Emeldi clearly says, elsewhere in her deposition, that

Almaz Sayoum Abebe Sisay Mengistu v. Alberto R. Gonzales, Attorney General

432 F.3d 1037 · Court of Appeals for the Ninth Circuit · Dec 30, 2005

and should be reversed. 39 Clearly, Petitioners sought review only of the IJ's asylum decision as it pertained to the father on political persecution grounds. … The majority says that it is "not reach[ing] the issue of whether Petitioners, parents of a U.S. citizen child likely to face persecution in her parents' native country, may derivatively qualify for asylum."

Alan B. Karme and Laila M. Karme v. Commissioner of Internal Revenue

673 F.2d 1062 · Court of Appeals for the Ninth Circuit · Apr 5, 1982

Although the testimony did not relate to the particular transaction giving rise to the deficiency, it did tend to establish a pattern or practice of tax planning of which this transaction was a part, and it was within the … The Karmes have not demonstrated that the tax court’s conclusion that the transactions lacked economic substance was clearly erroneous. Thompson v.

Jason Schmidt v. City of Seattle (Spd)

357 F. App'x 120 · Court of Appeals for the Ninth Circuit · Dec 4, 2009

Org., 307 U.S. 496, 515 (1939) (Citizens of the United States have right to assemble in public areas to discuss views on public questions as part of their “privileges, immunities, rights and liberties”). … The district court concluded that Officer Zurcher and Lieutenant Lowe were entitled to qualified immunity based on the declarations they filed in support of their motion for summary judgment.

Marchesano v. City of Sacramento, Police Dept.

114 F.3d 1194 · Court of Appeals for the Ninth Circuit · May 22, 1997

Because we agree that McClatchy was entitled to qualified immunity, we need not reach the question of whether a triable issue of fact existed as to probable cause. 1 6 Under the doctrine of qualified immunity, Officer McClatchy … is shielded from a suit for damages for false arrest if a reasonable officer in her position could have believed the arrest to be lawful in light of clearly established law.

Bolton v. Construction Laborers' Pension Trust for Southern California

943 F.2d 1117 · Court of Appeals for the Ninth Circuit · Aug 30, 1991

As a result of this ruling, the district court found it unnecessary to consider the estoppel argument “to establish the fact of involuntariness.” … The sum of Levi’s two terms of covered employment is clearly more than the minimum of fifteen years required for vesting under the Plan.

United States v. Lawrence J. Kidder

869 F.2d 1328 · Court of Appeals for the Ninth Circuit · Mar 15, 1989

At most, the affidavits establish that in-patient psychiatric care would be the best course of treatment; they do not establish that it is the only constitutionally acceptable treatment. … Kidder argues that his actions were caused by his mental illness and drug addiction and that the involuntary nature of his actions renders them immune from criminal punishment of the sort imposed here.

Robert Allen Howerton, and Roxanna Howerton v. Jess Gabica and Marjorie Gabica

708 F.2d 380 · Court of Appeals for the Ninth Circuit · May 10, 1983

We conclude that the trial judge clearly erred when he found that the Kooskia police took “no affirmative action” to assist the eviction. … But there is no good faith immunity under section 1983 for private parties who act under color of state law to deprive an individual of his or her constitutional rights.

United States v. Kenneth M. Brandyberry

438 F.2d 226 · Court of Appeals for the Ninth Circuit · Feb 11, 1971

Lawler, who was compelled to testify under an immunity grant, admitted he had made arrangements with Jack Swank to place wagers on the horse “Deerwood Duke” on that day, and that he arranged for Swank to use the telephone … This written evidence and oral testimony clearly establishes, by “more than the oath of one person” that appellant committed perjury when he said some person, first name Lyle, but not Lyle K.

In Re Thomas W. Price, Debtor, Thomas W. Price v. United States Trustee

353 F.3d 1135 · Court of Appeals for the Ninth Circuit · Jan 7, 2004

Under the rubric established by Kelly, a debtor is considered to have “primarily consumer debts” under § 707(b) when consumer debts constitute more than half of the total debt. … Thus, Kelly did not establish an absolute, per se rule.