Case law

Foster v. Skinner

70 F.3d 1084 · Court of Appeals for the Ninth Circuit · Nov 20, 1995

Smith’s unrelenting quest to establish that the Federal Aviation Administration (FAA) lacks authority to revoke pilot certificates in response to safety violations. Due to Mr. … “An abuse of discretion occurs if the district court does not apply the correct law or rests its decision on a clearly erroneous finding of fact.” Allen v. Shalala, 48 F.3d 456, 457 (9th Cir.1995).

United States v. William T. Barnes

993 F.2d 680 · Court of Appeals for the Ninth Circuit · May 17, 1993

The district court did not clearly err in finding that Barnes did not meet that burden. … Application note 3 recognizes that there can be more than one person who qualifies as an organizer or leader of a criminal association. U.S.S.G. § 3B1.1 application note 3; see also United States v.

United States v. One 1977 Mercedes Benz, 450 SEL, VIN 11603302064538

708 F.2d 444 · Court of Appeals for the Ninth Circuit · Jun 13, 1983

The Grant of Summary Judgment The Government establishes a prima facie case for forfeiture by probable cause. … Once probable cause is established, the burden of proof shifts to the claimant to establish that the vehicle is not subject to forfeiture. 19 U.S.C. § 1615 (1976 & Supp.

CALIFORNIA STATE FOSTER PARENT ASS'N v. Wagner

620 F.3d 1115 · Court of Appeals for the Ninth Circuit · Oct 27, 2010

Thus, § 672, read as a whole, establishes that partic-  CALIFORNIA STATE FOSTER PARENT v. … We therefore con- clude that § 672(a)’s language is clearly mandatory, satisfying the third and final Blessing factor.

Dark v. Curry County

Court of Appeals for the Ninth Circuit · Jul 5, 2006

Fol- lowing an investigation, the EEOC determined that the evi- dence “does not establish a violation of the Americans with Disabilities Act [(“ADA”)].” See 42 U.S.C. § 12101 et seq. … Clearly that exception is inapplicable here. In Newland v.

Sierra Club v. Andrus

610 F.2d 581 · Court of Appeals for the Ninth Circuit · Oct 31, 1979

That case, however, presented a different issue, whether the 1899 Rivers and Harbors Act abrogated the eleventh amendment immunity of a state from suit in admiralty. … Lauritzen, 404 F.2d 1001 , 1003 (4th Cir. 1968) (state immunity abrogated by reason of regulation under the Rivers and Harbors Act of 1899).

Tom Boudreau and Mary Belle Boudreau, Husband and Wife v. Borg-Warner Acceptance Corporation, a Delaware Corporation, Defendant

616 F.2d 1077 · Court of Appeals for the Ninth Circuit · May 2, 1980

However, although a refusal to accede to a delivery demand was recognized as a species of “default,” the court clearly considered monetary “default” sufficient to activate the creditor’s possessory rights. … Ambiguity is not established merely by the fact that the parties disagree as to the meaning of the provision. Grossman v. Hatley, 21 Ariz.App. 581 , 522 P.2d 46 (1974).

Brenda Walker v. City of San Bernardino Frank Alvarez Todd Haumann Dana Bee

50 F.3d 18 · Court of Appeals for the Ninth Circuit · Mar 7, 1995

IV Qualified Immunity 13 Walker next argues that the district court erred by finding that all of the defendant officers were protected by qualified immunity. 14 Qualified immunity "shields government officials performing … discretionary functions from liability for civil damages 'insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.' " Scott v.

Anthony Paul Hunter v. George H. Baldwin David C. Cassel Karen Johnson Oregon Department of Corrections

78 F.3d 593 · Court of Appeals for the Ninth Circuit · Mar 5, 1996

Moreover, Hunter has not challenged the warden's order that Hunter cannot show the pamphlet to other inmates 2 Because RFRA's retroactive provision "is not relevant to the analysis of qualified immunity," see Malik, 71 F.3d … at 729 n. 4, and the regulation at issue would have been upheld in light of Procunier and McCabe, we conclude that the district court properly granted defendants qualified immunity on Hunter's claims for monetary damages

Ashok Chand Premila Mudaliar Chand v. Immigration and Naturalization Service

222 F.3d 1066 · Court of Appeals for the Ninth Circuit · Aug 2, 2000

In the case before us, Chand seeks to establish eligibility because he was persecuted in the past. … individualized showing is required to qualify for asylum, not more.

Mendoza v. City of Peoria Ex Rel. Police Department

670 F. App'x 604 · Court of Appeals for the Ninth Circuit · Nov 8, 2016

Brewer’s appeal of the district court’s summary judgment denying qualified immunity is therefore dismissed for lack of jurisdiction. 2. … Ct. 2042 (2015), merely clarify and reinforce longstanding qualified immunity jurisprudence regarding what it means for a law to be “clearly established,” see Ashcroft v. al-Kidd, 563 U.S. 731, 742

Savini Construction Co. v. Crooks Bros. Construction Co.

540 F.2d 1355 · Court of Appeals for the Ninth Circuit · Dec 19, 1974

Helms Construction and Development Company, was not qualified as a small business. … Clearly the Congressional intent to aid small businesses must be viewed in perspective with the efficient administration of government contracts. .

Nune Mamouzian v. John Ashcroft, Attorney General

390 F.3d 1129 · Court of Appeals for the Ninth Circuit · Dec 9, 2004

Thus, the IJ’s conclusion that Mamouzian’s persecution was not on account of political opinion is clearly at odds with the record and with circuit law. … As a result, he failed to acknowledge and consider the past harm and future danger that qualified Mamouzian for refugee status.

Edgars Laipenieks v. Immigration and Naturalization Service

750 F.2d 1427 · Court of Appeals for the Ninth Circuit · Jan 9, 1985

The statutory provision clearly states that deportability is established when the “alien ” has been found to have ordered, incited, assisted or otherwise participated in persecutorial acts. … In light of the potentially legitimate basis for investigating “Communists” at the time in question, we believe it incumbent on the government to establish clearly and convincingly that individuals were persecuted solely

Western Pacific Railroad v. Habermeyer

382 F.2d 1003 · Court of Appeals for the Ninth Circuit · Aug 23, 1967

In section 362(i), procedure is established for the setting up of employment offices and the registration of unemployed workers. … To us, this language clearly precludes review of a decision granting benefits to a C(6) fireman or to any other employee.

Association of Mexican-American Educators v. California

183 F.3d 1055 · Court of Appeals for the Ninth Circuit · Jul 12, 1999

In determining whether something qualifies as an "other school system" within the meaning of § 2000d-4a(2)(B), we do not simply ask whether it calls itself a "school system." … As such, District Court did not clearly err in finding Superintendent Hon-ig’s score cutoffs were reasonable. E.

Eric Brown v. Matthew Cate

Court of Appeals for the Ninth Circuit · Apr 21, 2020

See Ashcroft v. al-Kidd, 563 U.S. 731, 735 (2011) (explaining two-part test for qualified immunity); Hines v. … Youseff, 914 F.3d 1218, 1230-35 (9th Cir. 2019) (existing Valley Fever cases did not clearly establish a “right to be free from heightened exposure to Valley Fever spores”).

In Re Indian Gaming Related Cases. Chemehuevi Indian Tribe Elk Valley Rancheria Hoopa Valley Indian Tribe Hopland Band of Pomo Indians Redding Rancheria Smith River Rancheria, and Coyote Valley Band of Pomo Indians v. The State of California

331 F.3d 1094 · Court of Appeals for the Ninth Circuit · Jun 11, 2003

Instead, it exercises its authority to negotiate, which IGRA clearly permits. See S. REP. … We may consider the public interest of the State when deciding whether it has negotiated in good faith, and a State's concern for the rights of its citizens employed at tribal gaming establishments is clearly a matter within

Timothy Hunt v. Kelly Clark

Court of Appeals for the Ninth Circuit · Sep 17, 2018

Where, as here, we have jurisdiction to review an interlocutory order 2 For the same reason, Sheriff Clark could raise a qualified immunity defense to any claim advanced solely upon such conduct. See White v. … Ct. 548, 551 (2017) (qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights that existing precedent places “beyond debate” (internal quotation marks

United States v. Mowat

582 F.2d 1194 · Court of Appeals for the Ninth Circuit · Jul 18, 1978

All of that points clearly to notice as required. … Nor are we persuaded that the land was immune from transfer and use by the Navy because it assertedly was held in public trust before the 1898 agreement.