Case law

Alex Mark Justman v. Imperial County Sheriff-Coroner's Office Sergeant John Lemon

122 F.3d 1072 · Court of Appeals for the Ninth Circuit · Sep 4, 1997

This argument is irrelevant to the qualified immunity analysis here. See Fuller v. M.G. … Jewelry, 950 F.2d 1437, 1443 (9th Cir.1991) (holding that doctrine of qualified immunity does not require that probable cause to arrest exist)

Dennis M. Chinnock v. Thomas K. Turnage, Administrator, Veterans' Administration

995 F.2d 889 · Court of Appeals for the Ninth Circuit · Jun 8, 1993

Chinnock’s affliction is not among those listed in § 3.311b(b)(2), therefore his claim clearly fails to satisfy the second requirement. … As a general matter, to qualify for benefits a veteran must show that his or her disability is “service-connected” — that is, that the disability was incurred or aggravated in the line of active duty. 38 U.S.C. § 101 (16)

United States v. Juan Sanchez-Cervantes, AKA Hugo Quirox, Quiroc, Quiroz, Quiroz Trejo, and Quiroz Tapia

282 F.3d 664 · Court of Appeals for the Ninth Circuit · Mar 15, 2002

Sanders, 247 F.3d 139, 148 (4th Cir.2001), cert. denied , — U.S.—, 122 S.Ct. 573 , 151 L.Ed.2d 445 (2001) ("The first exception clearly does not apply here because Apprendi did not place drug conspiracies beyond the scope … In fact, the Supreme Court has not found any rule to qualify under the second exception since Teague came out. See Sanders, 247 F.3d at 148 . .

United States v. Peltier

500 F.2d 985 · Court of Appeals for the Ninth Circuit · May 9, 1974

automobile-search decisions and its administrative-inspection decisions, concluded that neither line of authority “provide[s] any support for the constitutionality of the stop and search in the present case * * 413 U.S. at 272. 2 Clearly … , then, Almeida-Sanchez overruled no earlier Supreme Court precedent; rather, it reaffirmed well-established Fourth Amendment standards dating back to Weeks v.

Securities & Exchange Commission v. CMKM Diamonds, Inc.

729 F.3d 1248 · Court of Appeals for the Ninth Circuit · Sep 10, 2013

Clearly, Calvo was a necessary participant and a substantial factor in the illegal sale of unregistered SOE stock.”). 20 SEC V. CMKM DIAMONDS, INC. … Here, the undisputed facts do not establish that Global and Bagley were substantial participants in the CMKM distribution as a matter of law.

Institute of Cetacean Research v. Sea Shepherd Conservation Society

708 F.3d 1099 · Court of Appeals for the Ninth Circuit · Feb 25, 2013

PRELIMINARY INJUNCTION “A plaintiff seeking a preliminary injunction must establish [1] that he is likely to succeed on the merits, [2] that he is likely to suffer irreparable harm in the absence of preliminary … “A district court would necessarily abuse its discretion if it based its ruling on an erroneous view of the law or on a clearly erroneous assessment of the evidence.” Cooter & Gell v.

United States v. Mayer

Court of Appeals for the Ninth Circuit · Mar 16, 2009

MAYER qualified as a predicate “violent felony.” … MAYER Supreme Court case law that is “clearly irreconcilable.” Mil- ler, 335 F.3d at 900.

Lenroy McLean v. Conrad Hernandez

Court of Appeals for the Ninth Circuit · May 25, 2021

Hernandez is not entitled to qualified immunity for the sexual assault or excessive force claims. … Hartford, 204 F.3d 1187, 1197 (9th Cir. 2000) (“In the simplest and most absolute of terms, the Eighth Amendment right of prisoners to be free from sexual abuse was unquestionably clearly established prior to the time of

Culinary Workers Union v. Frankie Sue Del Papa

200 F.3d 614 · Court of Appeals for the Ninth Circuit · Dec 27, 1999

Harris, 401 U.S. 37, 42 (1971)). 11 Here, there has clearly been a specific threat of prosecution; the attorney general's letter to the union is precise and exact -she will cause the statute to be enforced unless the union … Because the attorney general lacks such prosecutorial authority, her threat of enforcement alone is not sufficient to establish the connection with enforcement required to overcome Eleventh Amendment immunity.

29 Fair empl.prac.cas. 683, 29 Empl. Prac. Dec. P 32,966, 11 Fed. R. Evid. Serv. 387 Miriam Ostroff v. Employment Exchange, Inc., an Oregon Corporation, D/B/A the Job Mart Marie A. Walsh and Robert E. Walsh, D/B/A American Business Consultants

683 F.2d 302 · Court of Appeals for the Ninth Circuit · Jul 26, 1982

These factual findings are not clearly erroneous. McLean v. … Barrows Co., 660 F.2d 1327 (9th Cir. 1981), established that it is not.

Herman Nunies v. Hie Holdings, Inc.

904 F.3d 837 · Court of Appeals for the Ninth Circuit · Sep 17, 2018

HIE HOLDINGS not establish a prima facie case of disability discrimination because he was not “disabled,” not a “qualified individual,” and did not suffer an “adverse employment action.” … Disability To set forth a prima facie disability discrimination claim, a plaintiff must establish that: (1) he is disabled within the meaning of the ADA; (2) he is qualified (i.e., able to perform the essential functions

Byrd v. Maricopa County Sheriff's Department

Court of Appeals for the Ninth Circuit · May 18, 2009

established rights). … Thurman, 109 F.3d 614, 620 (9th Cir. 1997) (in context of qualified immunity, holding right to be free of cross-gender searches not clearly established).

Vacation Village, Inc. v. Clark County

244 F. App'x 785 · Court of Appeals for the Ninth Circuit · Jul 23, 2007

First, the County contends that the Landowners are not sufficiently displaced from their property to qualify for recovery under the Relocation Act because the Landowners have occupied the land and have built to 38 feet in … In Nevada, “[t]he statutory interest rate establishes at least a prima facie basis for determining a fair rate and is not controlling if some other rate is required to meet the constitutional requirement of just compensation

Woolard v. Thurmond

Court of Appeals for the Ninth Circuit · Mar 23, 2026

California does not extend governmental immunity to charter schools, see Wells v. … But that defies common sense as well as established law.

United States v. Singh

195 F. App'x 656 · Court of Appeals for the Ninth Circuit · Aug 1, 2006

Singh’s conduct qualifies him as a manager and supervisor under § 3Bl.l(b) because he exercised “some degree of control or organizational authority” over Sukhwinder Paul (“Paul”) and Rashpal Cheema (“Cheema”). … Under plain error review, Singh must establish: (1) an “error” occurred, (2) the error was “plain”, and (3) the error affected “substantial rights.” United States v.

Richard Greenway v. Charles Ryan

866 F.3d 1094 · Court of Appeals for the Ninth Circuit · Aug 8, 2017

RYAN 9 [1] significant enough to qualify as a mitigating factor, nor [2] sufficiently substantial to call for leniency.” Id. at 169. … Accordingly, there was no violation of clearly established federal law. AFFIRMED.

Halverson v. Skagit County

42 F.3d 1257 · Court of Appeals for the Ninth Circuit · Dec 12, 1994

Geisse, 857 F.2d 1300, 1304 (9th Cir.1988) (absolute immunity attaches only to decisions that are legislative, those that apply to the general community). … (internal quotations omitted); see also Sinaloa Lake, 882 F.2d at 1407 (“To establish a violation of substantive due process, the plaintiffs must prove that the government’s action was ‘clearly arbitrary and unreasonable,

Gary Oram, Jr. v. the City of Dillon

Court of Appeals for the Ninth Circuit · Feb 27, 2019

The district court properly granted summary judgment on Oram’s equal protection claim because Haggard and Alvarez were entitled to qualified immunity under the circumstances. … See Ashcroft v. al–Kidd, 563 U.S. 731, 741 (2011) (discussing qualified immunity and noting that a right is clearly established only if 2 18-

Didrickson v. United States Department of the Interior

982 F.2d 1332 · Court of Appeals for the Ninth Circuit · Dec 28, 1992

The FWS had confiscated a parka and hat made for sale by Didrickson out of sea otter fur because they contained metal snaps and zippers, which did not qualify as traditional, according to the FWS. … the requisite particularized, concrete and immediate injury to establish standing.

United States v. Roy O. Disney and Edna F. Disney

413 F.2d 783 · Court of Appeals for the Ninth Circuit · Jun 19, 1969

Disney’s presence on these business trips is established not only by Mr. … The husband and his wife had established social relationships which were renewed every January and February when they went to Europe.