Case law
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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,
Cited 95 timesPublishedErnesto Martinez v. Charles Ryan
926 F.3d 1215 · Court of Appeals for the Ninth Circuit · Jun 18, 2019
Under AEDPA, we may not grant habeas relief unless the state’s adjudication of Martinez’s claim (1) “was contrary to . . . clearly established Federal law, as determined by the Supreme Court,” (2) “involved an unreasonable … He contends that the court’s failure to consider his family history as a mitigating circumstance was an unreasonable application of clearly established federal law.
Cited 57 timesPublished246 F.2d 807 · Court of Appeals for the Ninth Circuit · Jun 24, 1957
Procedures were established for filing notice of the assignment with the county recorder. … Its effect would be to exclude from the statute a great many transactions which would otherwise qualify for inclusion.
Cited 16 timesPublishedAnthony Frisone v. United States
270 F.2d 401 · Court of Appeals for the Ninth Circuit · Nov 16, 1959
It must have been evident to the experienced trial judge that an offer of proof that appellant was treated in the Marine Corps could not of itself qualify appellant to testify that the mental condition for which he was treated … As heretofore pointed out, the evident purpose of the question asked and the proof intended to be elicited was to establish that the mental illness from which appellant was said to suffer was of such a serious nature that
Cited 10 timesPublished854 F.3d 557 · Court of Appeals for the Ninth Circuit · Mar 4, 2016
Therefore, such decision was contrary to clearly established federal law. See 28 U.S.C. § 2254 (d). … There is no clearly established law governing implied bias, and Hed-lund has not shown that implied bias should apply here. There is no clearly established federal law regarding the issue of implied bias.
Cited 41 timesPublishedUnited States v. Juan Barajas-Guillen
632 F.2d 749 · Court of Appeals for the Ninth Circuit · Nov 21, 1980
The interest found insufficient in Castillo-Felix -that of remaining permanently in the United States-is clearly of greater magnitude than the interest in being afforded a limited period 5 during which to depart voluntarily … Prior to the institution of deportation proceedings, qualified aliens may seek voluntary departure at government expense pursuant to section 1252(b).
Cited 31 timesPublishedAndrea Schmitt v. Kaiser Foundation Health Plan
965 F.3d 945 · Court of Appeals for the Ninth Circuit · Jul 14, 2020
Andrea Schmitt and Elizabeth Mohundro have hearing loss severe enough to qualify them as disabled. … The State of Washington does not even require compliance with section 1557 when its insurance commissioner establishes the state’s benchmark plan.
Cited 47 timesPublished84 F.3d 1137 · Court of Appeals for the Ninth Circuit · May 23, 1996
The Associate Administrator upheld the Director's finding that Jet did not qualify as a Small Disadvantaged Business. … The contract at issue would have been Jet's first. 9 The applicable regulations clearly state that individuals who are not socially and economically disadvantaged "may be involved in the management of" and "may be stockholders
Cited 0 timesPublishedRoger Parker v. County of Riverside
78 F.4th 1109 · Court of Appeals for the Ninth Circuit · Aug 15, 2023
COUNTY OF RIVERSIDE 3 conviction to establish prejudice. … Schenck, 700 F.3d 340, 359 (8th Cir. 2012) (in qualified immunity context, no Brady violation absent conviction); Flores v. Satz, 137 F.3d 1275, 1278 (11th Cir. 1998).
Cited 19 timesPublishedUnited 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.
Cited 16 timesPublished683 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.
Cited 0 timesPublished400 F.3d 785 · Court of Appeals for the Ninth Circuit · Mar 10, 2005
In its opposition, the government argued, first, that Mohamed’s motion did not qualify as a motion to reconsider, because it did not specify errors of fact or law in the prior decision. … (c) Convention Against Torture Mohamed’s claim for protection under the Convention' Against Torture is also plausible, although less clearly so.
Cited 1,709 timesPublishedIndependent Pub. Co. v. United States
240 F. 849 · Court of Appeals for the Ninth Circuit · Feb 13, 1917
The court continues: “The rule applied to criminal libels applies yet more clearly to contempts. … It thus clearly appears that the press is not exempt from the provisions of the statute under consideration.
Cited 11 timesPublishedRene Lemus-Escobar v. Pamela Bondi
140 F.4th 1079 · Court of Appeals for the Ninth Circuit · Jun 16, 2025
” that he would establish a reasonable fear of future harm. … The BIA’s determination here—that certain evidence is not “new”—clearly constitutes a decision that a particular set of facts does not meet a legal standard.
Cited 12 timesPublished637 F.2d 1217 · Court of Appeals for the Ninth Circuit · Aug 19, 1980
The above-cited cases clearly indicate that the Constitution is a sufficient law to apply. The SBA Administrator’s *1222 action is therefore reviewable. … We have also not considered whether the defendant may have a defense of immunity. Cf. Butz v. Economou, 438 U.S. 478 , 98 S.Ct. 2894 , 57 L.Ed.2d 895 (1978).
Overruled by Carol Van Strum Paul E. Merrell v. John C. Lawn, 940 F.2d 406 (1991)Cited 27 timesPublished596 F.3d 517 · Court of Appeals for the Ninth Circuit · Feb 18, 2010
As to the killing of his relatives, the IJ noted that it “was clearly a personal dispute, if anything, amongst the ones who wanted to cultivate the land next door.... … You may be represented by an attorney or a representative who’s been authorized and qualified to represent people before the Immigration Court....
Cited 10 timesPublishedUnited States v. Ernest James Collins
559 F.2d 561 · Court of Appeals for the Ninth Circuit · Oct 17, 1977
Green, 525 F.2d 386, 391-2 (CA8 1975) [same witness], and clearly helpful to the jury. … It is clear from the record that the trial court found that the witness did qualify as an expert. We cannot say that there was an abuse of discretion. Burlington Northern Inc. v.
Cited 32 timesPublishedCharles Gillis v. City & County of San Francisco
560 F. App'x 665 · Court of Appeals for the Ninth Circuit · Mar 4, 2014
Even if Lawrence’s arrest was not supported by probable cause, the arresting officers are entitled to qualified immunity. … immunity.”
Cited 0 timesUnpublishedUnited States v. Kenneth Alvin Hendershot
614 F.2d 648 · Court of Appeals for the Ninth Circuit · Feb 7, 1980
A qualified expert expressed the opinion that the shoeprint was made by a shoe that was found in New’s car and was the same size as the shoe found in appellant’s Camaro. … The evidence is clearly represented in this case.
Cited 51 timesPublished619 F.2d 801 · Court of Appeals for the Ninth Circuit · May 23, 1980
They say rather clearly that the 1934 Act would not disturb the Hopis’ right to occupy the land they were then occupying. … Federal courts’ jurisdiction being limited, the burden was on the Hopis to establish jurisdiction. The United States and Indian tribes such as the Navajos possess coextensive sovereign immunity.
Cited 14 timesPublished
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