Case law

Owens v. Ayers

27 F. App'x 797 · Court of Appeals for the Ninth Circuit · Nov 13, 2001

. § 2254 (d), in order to succeed, Owens must demonstrate that the state court adjudication of the merits of his claim “resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established … In determining whether questioning of a prisoner qualifies as on the scene questioning or impermissible interrogation, a court should examine: the language used to summon the individual, the physical surroundings of the interrogation

David A. Erickson v. Donna E. Shalala, Secretary of Health & Human Services

15 F.3d 1084 · Court of Appeals for the Ninth Circuit · Dec 22, 1993

The court finds that it need only address the first of these asserted errors to decide the case. 4 To qualify for benefits under 42 U.S.C. … Accordingly, as long as a claimant's alleged pain is associated with a clinically demonstrated impairment--as Erickson's alleged pain clearly is--the claimant is entitled to have his testimony considered in the disability

National Labor Relations Board v. International Brotherhood of Electrical Workers, Local 11

772 F.2d 571 · Court of Appeals for the Ninth Circuit · Sep 24, 1985

Accordingly, the NLRB concluded that each intervenor qualified for Group I status. … The record shows that each intervenor qualified for Group I referrals under the terms stated in the collective bargaining agreement.

Chilkat Indian Village v. Johnson

870 F.2d 1469 · Court of Appeals for the Ninth Circuit · Mar 23, 1989

"The federal nature of the right to be established is decisive--not the source of the authority to establish it." 27 642 F.2d at 279 (quoting, Littell v. … (federal question, though not pleaded, inheres in complaint because defendant is sovereignly immune tribe), cert. granted, --- U.S. ----, 109 S.Ct. 53 , 102 L.Ed.2d 32 (1988).

Zaldy Myers v. Jefferson Sessions, III

904 F.3d 1101 · Court of Appeals for the Ninth Circuit · Sep 25, 2018

As noted above, the Travel Act lists a number of violations that qualify as unlawful acts under the statute. … Nor do they clearly demonstrate the point that Myers is trying to make.

Khodabakhshian v. Immigration & Naturalization Service

46 F. App'x 870 · Court of Appeals for the Ninth Circuit · Oct 4, 1999

The record clearly reveals that Khodabakhshian is an alien. However, Khodhabakhshian’s prior petty theft offenses in violation of California Penal Code § 666 do not make him an aggravated felon. See U.S. v. … The Immigration and Naturalization Service issued an interim rule to establish procedures for raising a claim under the Torture Convention after the briefing in this case was completed.

James Emmett v. City of Tacoma

691 F. App'x 475 · Court of Appeals for the Ninth Circuit · May 30, 2017

We consider qualified immunity under a two-part test, asking (1) “whether the officer violated a plaintiff’s constitutional right,” and, if so, (2) “whether the constitutional right was ‘clearly established in light of … At the time Emmett was arrested, however, our law relating to the use of tasers was not “clearly established.”

Michael Turner v. Christopher Craig

510 F. App'x 587 · Court of Appeals for the Ninth Circuit · Feb 26, 2013

The district court described the underlying facts as troublesome in light of the length of the detention and Plaintiff’s loss of property, but correctly ruled that the police officers were entitled to qualified immunity … Plaintiff has not alleged deliberately indifferent training procedures sufficient to establish a claim against the City of Oakland under Monell. See Moss v. Secret Serv., 675 F.3d 1213, 1231 (9th Cir. 2012).

Alaimalo v. United States

636 F.3d 1092 · Court of Appeals for the Ninth Circuit · Feb 28, 2011

The court did not address Alaimalo’s claim that his conduct did not qualify as importation. Id. In 1999, Alaimalo timely filed a motion for habeas relief under 28 U.S.C. § 2255 . … An intervening court decision must “effect a material change in the applicable law” to establish unavailability. Harrison, 519 F.3d at 960 .

Monssef Cheneau v. William Barr

971 F.3d 965 · Court of Appeals for the Ninth Circuit · Aug 19, 2020

Cheneau does not qualify for derivative citizenship under the first provision of clause (5): he was not lawfully 16 CHENEAU V. … The words “lawful permanent residence” used in the 1950 Senate Report clearly do not mean the term of art “lawfully admitted for permanent residence” introduced in the 1952 Act.

Handgards, Inc., a Corporation v. Ethicon, Inc., a Corporation

601 F.2d 986 · Court of Appeals for the Ninth Circuit · Jul 27, 1979

The decree is affirmed because the findings are not clearly erroneous. . … When so established, it would be strange to then hold that nonetheless a Franchise Realty immunity might exist. In any event, this is an issue that the present record does not require us to address. .

Seattle School District, No. 1 v. B.S.

82 F.3d 1493 · Court of Appeals for the Ninth Circuit · May 10, 1996

William Sack, whom the district court found to be well-qualified but not as familiar with AS. as the parent’s experts. … The other medical experts, who were well-qualified and more knowledgeable about A.S., all testified that residential placement was necessary.

Felton Matthews, Jr. v. Ryan Hessler

683 F. App'x 645 · Court of Appeals for the Ninth Circuit · Mar 21, 2017

Cox are entitled to qualified immunity as to Matthews’ First Amendment claim. … We also ask “whether the actions alleged violate a clearly established constitutional right, where ‘clearly established’ means that ‘it would be clear to a reasonable officer that his conduct was unlawful in the situation

Donald Washington, Jr.,petitioner-Appellant v. Steve Cambra,opinion

208 F.3d 832 · Court of Appeals for the Ninth Circuit · Apr 14, 2000

We granted a certifícate of appealability on the question whether, in 1994, the California Supreme Court regularly and consistently applied the procedural bar rules established in In re Swain, 34 Cal.2d 300 , 209 P.2d 793 … Calderon, 85 F.3d 1387, 1392 (9th Cir.1996) (“[A] procedural default based on an ambiguous order that does not clearly rest on independent and adequate state grounds is not sufficient to preclude federal collateral review

Abrams v. City of Rancho Palos Verdes

354 F.3d 1094 · Court of Appeals for the Ninth Circuit · Jan 15, 2004

that: Every person who, under color of any statute, ordinance, regulation, custom, or usage ... subjects, or causes to be subjected, any citizen of the United States ... to the deprivation of any rights, privileges, or immunities … The underlying statute established an elaborate procedural scheme and provided the reviewing court with authority to grant appropriate relief. 25 This court held that the rights granting statute’s “complex provisions ...

Hunt v. City of Los Angeles

638 F.3d 703 · Court of Appeals for the Ninth Circuit · Mar 22, 2011

But simply reciting this legal standard fails to provide guidance regarding when a message is “inextricably intertwined” with the merchandise, and what types of messages qualify as religious, philosophical, politi- cal, or … Vagueness [8] Plaintiffs’ vagueness challenge fails because their con- duct is clearly proscribed by § 42.15 (2006).

Sanchez v. Mukasey

Court of Appeals for the Ninth Circuit · Apr 1, 2008

As the language makes clear, the Attorney General may not cancel removal under § 1229b(b)(1) unless the alien establishes “good moral character.” … Here, Congress has clearly limited the application of the waiver.

Barbara P. Hutchinson v. United States of America

838 F.2d 390 · Court of Appeals for the Ninth Circuit · Feb 3, 1988

The declaration was that of a physician who was a certified urologist and qualified as an expert in the field. The physician stated that after reviewing Ms. … The proper diagnosis and treatment of a kidney stone is clearly not within the common knowledge of laymen, and thus the exception does not apply here.

Schoenfeld v. Quamme

492 F.3d 1016 · Court of Appeals for the Ninth Circuit · Jul 2, 2007

We noted that it was firmly established that “military-sponsored activities fall within the Feres doctrine, regardless of whether they are related to mili- tary duties.” Id. at 868. … In Bon and Millang, no member of the public could have participated in the plaintiffs’ activities, so the benefits were clearly incident to military service.

St. Paul Fire & Marine Insurance Company v. American Bank

33 F.3d 1159 · Court of Appeals for the Ninth Circuit · Aug 31, 1994

We will not disturb the district court's findings of fact unless they are clearly erroneous. Insurance Co. of Penn. v. Associated Int'l Ins. … The district court clearly erred in finding that the Bank established detriment. St. Paul is not estopped from denying coverage. 4 II 15 The Bank, in its cross-appeal, argues that even if St.