Case law

Binion v. United States Department Of Justice

695 F.2d 1189 · Court of Appeals for the Ninth Circuit · Jan 6, 1983

Subsection (C) of the general exemption clearly protects these from Privacy Act access. … ," not in its "criminal investigative files." 49 Other courts have concluded that material in the FBI's applicant files could qualify for Exemption 7 treatment.

Shane Brooks v. Lisa Walsh

703 F. App'x 627 · Court of Appeals for the Ninth Circuit · Nov 22, 2017

The district court properly granted summary judgment on Brooks’ free exercise claim on the basis of qualified immunity because it would not have been clear to every reasonable official that it was unlawful to require Brooks … See Ashcroft v. al- Kidd, 563 U.S. 731, 741 (2011) (discussing qualified immunity and noting that the right is clearly established only if “every reasonable official would have understood that what he is doing violates

San Francisco County Democratic Central Committee v. March Fong Eu

792 F.2d 802 · Court of Appeals for the Ninth Circuit · Jun 18, 1986

To take the Democratic party as an illustration, the Code establishes party central committees at the county, id. Sec. 8820, and state-wide levels, id. … The Secretary, however, turns constitutional analysis upside down when she argues that the state regulations are immune from constitutional attack because they deprive the party committees of First Amendment status.

Brian Addison v. City of Baker City

Court of Appeals for the Ninth Circuit · Nov 16, 2018

To determine whether Chief Lohner is entitled to qualified immunity, we engage in a familiar two-prong inquiry, al-Kidd v. … Chief Lohner raises several arguments on appeal in support of his claim of qualified immunity.

Immigrant Assistance Project Of The Los Angeles County Federation Of Labor v. Immigration And Naturalization Service

306 F.3d 842 · Court of Appeals for the Ninth Circuit · Sep 24, 2002

To meet this requirement, these students had to "produce[ ] documentation from a school ... which establishes that the said school forwarded to the [INS] a report that clearly indicated the applicant had violated his or her … that the said school forwarded to the [INS] a report that clearly indicated the applicant had violated his or her nonimmigrant student status prior to January 1, 1982." 8 C.F.R. § 245a.1(d)(4).

Port of Pasco, a Municipal Corporation v. Pacific Inland Navigation Company, Inc.

324 F.2d 593 · Court of Appeals for the Ninth Circuit · Oct 28, 1963

Coast Guard as tankermen qualified to handle gasoline products; stated that both before and after the installation of the new circuit breaker switch, Oldfield and Bunce visually inspected the exterior or exposed portion of … Appellant’s second main argument on this appeal is that the finding of the district court that liability should be limited is clearly erroneous as a matter of fact.

95 Cal. Daily Op. Serv. 5371, 95 Daily Journal D.A.R. 9198 Arizona Electric Power Cooperative, Inc., Plaintiff-Appellant-Cross-Appellee v. Arnold D. Berkeley, Defendant-Appellee-Cross-Appellant

59 F.3d 988 · Court of Appeals for the Ninth Circuit · Jul 12, 1995

Alternatively, the district court held that even if Arizona did permit its courts to vacate arbitral awards on public policy grounds, AEPCO's award would not qualify for the exception. … We have held that "the appearance of impropriety, standing alone, is insufficient to establish bias." Toyota of Berkeley v.

Addrisi v. Equitable Life Assurance Society

503 F.2d 725 · Court of Appeals for the Ninth Circuit · Sep 30, 1974

Addrisi’s allegations establish that Equitable is qualified and does actively engage in the business of life insurance within the State of California as well as all other sister states. … Congress clearly [became] concerned about the inroads [that] decision might make on the tradition of state regulation of insurance. The McCarran-Ferguson Act was the product of this concern.

Washington Mut. Inc. v. United States

636 F.3d 1207 · Court of Appeals for the Ninth Circuit · Mar 3, 2011

establishment of two more branches in each of those states. … Clearly, the whole of the phrase is “amount of money or other property.” In the first place, the word “amount” could be taken as modifying the word money only, in which case the word “property” would stand alone.

Retuta v. Holder

591 F.3d 1181 · Court of Appeals for the Ninth Circuit · Jan 7, 2010

In determining whether Retuta’s conviction qualified under the FFOA, the BIA relied upon a computer printout of Retuta’s criminal history, commonly referred to as a rap sheet. … We need not decide whether we must give deference to BIA’s decision in Cabrera that costs or restitution are sufficiently punitive to be a "punishment” or "penalty,” as the minute order clearly states the amount involved

United States v. Robert Deleon

979 F.2d 761 · Court of Appeals for the Ninth Circuit · Nov 10, 1992

United States, 333 U.S. 10 , 68 S.Ct. 367 , 92 L.Ed. 436 (1948), can be any guide, it clearly states that odors can be the basis for probable cause if a magistrate "finds the affiant qualified to know the odor, and it is … Brown clearly stated he recognized the smell. At the Franks hearing, an expert, Dr.

Elizabeth Hunter v. Usedu

115 F.4th 955 · Court of Appeals for the Ninth Circuit · Aug 30, 2024

The district court ruled on the Defendants’ motions to dismiss six months after the Supreme Court issued Kennedy, which clearly instructed that Lemon was “long ago abandoned.” Id. at 534. … It clearly does so.

Feng Gui Lin v. Eric H. Holder Jr.

Court of Appeals for the Ninth Circuit · Dec 3, 2009

In Matter of J-H-S-, the BIA concluded that “an alien who has established that he or she has had two children in China may qualify as a refugee if the evidence presented establishes, on a case-by-case basis, that the births … That well-founded fear would, in turn, qualify her for asylum as a refugee. See 8 U.S.C. § 1101(a)(42).

Ufo Chuting of Hawaii, Inc. v. Smith

Court of Appeals for the Ninth Circuit · Nov 28, 2007

Because UFO does not qualify as a “prevailing party,” the district court did not abuse its discretion in denying UFO’s motion for attor- ney’s fees. … Rather, the Court reaffirmed established case law requiring a prevailing party to obtain a direct and substantial benefit.

James v. Ball

613 F.2d 180 · Court of Appeals for the Ninth Circuit · Feb 6, 1980

To alleviate this problem, the Salt River Project Agricultural Improvement and Power District was established. The District qualified as a municipal corporation. … It is entitled to all the immunities and exemptions granted municipalities.

Alta Bumpus v. Donald E. Clark

681 F.2d 679 · Court of Appeals for the Ninth Circuit · Jul 16, 1982

These cases fall short of establishing that either the County or the State has an affirmative obligation to maintain an environment in which plaintiffs’ interpersonal relationships can continue to thrive. … The Court rejected the privacy claims in both cases, even though the state regulation in Maher clearly tended to coerce indigent women to go to term instead of aborting, and even though the Hyde Amendment at issue in McRae

Maffeo v. Nevada Ex Rel. Board of Regents of the Nevada System of Higher Education

461 F. App'x 629 · Court of Appeals for the Ninth Circuit · Dec 15, 2011

The record conclusively establishes that Maffeo was afforded extensive procedural and substantive due process by all concerned in the lengthy series of meetings and hearings that led up to her removal from the University … Dean West was manifestly protected in her individual capacity by qualified immunity. 5.

United States v. Larry Dean Rogers

769 F.2d 1418 · Court of Appeals for the Ninth Circuit · Aug 29, 1985

We held that this finding was clearly erroneous. Id. at 440 . … The defendant must point to errors or omissions in the record on appeal that establish that he did not receive adequate representation. United States v.

Western MacHinery Company, a Corporation v. Northwestern Improvement Company, a Corporation

254 F.2d 453 · Court of Appeals for the Ninth Circuit · Feb 5, 1958

The law of the State of Washington is clearly defined upon this point. … These findings are clearly erroneous.

Jose Torres-Valdivias v. Loretta E. Lynch

786 F.3d 1147 · Court of Appeals for the Ninth Circuit · May 8, 2015

established in Matter of Jean. … However, Jean was statutorily ineligible for adjustment of status due to a manslaughter conviction, which qualified as a crime involving moral turpitude rendering Jean inadmissible under 8 U.S.C. § 1182(a)(2)(A)(i)(I).