Case law

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.

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.

Tsoi Sim v. United States

116 F. 920 · Court of Appeals for the Ninth Circuit · May 5, 1902

D. 1901; and that when she was so found, as aforesaid, she was without the certificate of residence required by said acts; and she has not clearly established that by reason of accident, sickness, or other unavoidable cause … Gue Lim, supra, upon what method of legal reasoning can it be held that the •wife of an American citizen is not entitled to the same “rights, privileges, and immunities” under the law?

Del Kidd Judy Kidd v. United States of America

59 F.3d 175 · Court of Appeals for the Ninth Circuit · Jan 13, 1995

According to Crowell, with regard to issues such as public employment, Congress may establish dispute resolution processes such as those established in the CSRA 16 'to examine and determine various matters, arising between … The Kidd's have also failed to recognize that sovereign immunity, in and of itself, provides a severe limit on federal court jurisdiction. See Cary v. Curtis, 44 U.S. (3 How.) 235 , 244-45 (1845).

Andrew Moret v. Poornima Ranganathan

Court of Appeals for the Ninth Circuit · Mar 25, 2022

Callahan, 555 U.S. 223, 232 (2009) (“Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right.”); Foster v. … Runnels, 554 F.3d 807, 815 2 21-35424 (9th Cir. 2009) (“A right is clearly established when its contours are sufficiently defined, such that

United States v. Hugo Rincon

28 F.3d 921 · Court of Appeals for the Ninth Circuit · Jun 17, 1994

Scientific Knowledge 3 “[I]n order to qualify as ‘scientific knowledge,’ an inference or assertion must *924 be derived by the scientific method. … Had Rincon chosen to introduce a photograph instead of presenting himself to the jury, the jury’s review of the two photographs would clearly have been appropriate.

Cunico v. Pueblo School District No. 60

917 F.2d 431 · Court of Appeals for the Ninth Circuit · Oct 19, 1990

Our review of the trial court’s findings of fact is guided by the clearly erroneous standard. … Hunter was earmarked for a black person to the exclusion of all other qualified persons.

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.

Thomas Richey v. D. Dahne

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

Dahne appeals, arguing that he is entitled to qualified immunity on both claims. … Neither our prior case law nor that of the Supreme Court has clearly established that merely refusing to accept a grievance for processing is a retaliatory adverse action.

Frunz v. City Of Tacoma

476 F.3d 661 · Court of Appeals for the Ninth Circuit · Jan 16, 2007

The Murdock court stated that the neighbor's report and open door were not enough to establish probable cause and exigent circumstances, but that those two facts, coupled with indicia that someone should be home and was not … As such, they have no possible bearing on probable cause, the need to obtain a warrant or qualified immunity—the issues on which this appeal turned.

John Doe v. Nestle, S.A.

929 F.3d 623 · Court of Appeals for the Ninth Circuit · Oct 23, 2018

Applying the correct standard post- Jesner , corporations (foreign or not) are clearly not proper ATS defendants. … Mastafa is clearly distinguishable.

Credit Managers Association Of Southern California v. Kennesaw Life And Accident Insurance Company

809 F.2d 617 · Court of Appeals for the Ninth Circuit · Feb 5, 1987

The subtrusts also potentially could qualify as ERISA plans. … An employer, however, can establish an ERISA plan rather easily.

Jamie Baddour v. Sean Hart

Court of Appeals for the Ninth Circuit · Nov 28, 2018

The district court properly granted Officer Hart qualified immunity, and properly granted summary judgment on Baddour’s municipal liability and “stigma- plus” claims, because Baddour failed to raise a triable dispute as … issue was not “clearly established” at the time of the alleged violation); City of Los Angeles v.

Manuel De Jesus Ortega Melendr v. Joseph M. Arpaio

Court of Appeals for the Ninth Circuit · Sep 25, 2012

Based on the above, we have exercised jurisdiction to review issues related to sovereign and qualified immunity, subject matter jurisdiction, and abstention. See Meredith, 321 F.3d at 816. … [3] In sum, we conclude that the district court did not clearly err in finding that the threatened constitutional injury was likely to occur again, and thus, there was no error in the determination that the Plaintiffs

Berg v. Richmond Unified School District

528 F.2d 1208 · Court of Appeals for the Ninth Circuit · Dec 9, 1975

Section 1343(3) grants the district courts original jurisdiction of civil actions “[t]o redress the deprivation, under color of any State law, statute, ordinance, regulation, custom or usage, of any right, privilege or immunity … Bruno, 412 U.S. 507 , 93 S.Ct. 2222 , 37 L.Ed.2d 109 (1973), such jurisdiction was clearly present over defendant Snodgrass, the district superintendent. .