Case law

Hoyle v. Ada County

Court of Appeals for the Ninth Circuit · Aug 1, 2007

established federal law. … ADA COUNTY that Hoyle qualified as a “person, ” see Idaho Code Ann. § 18-7803(b), and that Hoyle Insurance qualified as an “enter- prise.” See Idaho Code Ann. § 18-7803(c).

LYRALISA STEVENS V. JEFFREY BEARD

Court of Appeals for the Ninth Circuit · Dec 19, 2022

Second, they urge us to dismiss her remaining request for damages based on qualified immunity. … We hold that Stevens’s claim for injunctive relief is not moot and decline to resolve the qualified immunity issue in the first instance.

Harrison Orr v. Terrence Plumb

Court of Appeals for the Ninth Circuit · Mar 12, 2018

Plumb argues that the district court improperly denied him qualified immunity because it was not clearly established at the time that he was violating Orr’s constitutional rights. … Just as the court could not have imposed vicarious liability on the state or refused to consider defendants’ qualified immunity defense, the court should not have assumed, contrary to a long line of cases, that a fee award

Andrew Mattioda v. Clarence William Nelson II

98 F.4th 1164 · Court of Appeals for the Ninth Circuit · Apr 22, 2024

Under this framework, a plaintiff must make a prima facie case establishing that (1) he is a person with a disability; (2) otherwise qualified for employment; and (3) suffered 26 MATTIODA V. … Sandford was more qualified for the selective position—is valid.

Levine v. Diamanthuset, Inc.

950 F.2d 1478 · Court of Appeals for the Ninth Circuit · Dec 19, 1991

Read together, complaint and attached documents establish that Levine’s complaint is groundless. … Qualifying and controlling Levine’s allegations as to what Security Pacific permitted, the Reserve Certificate issued by Investía clearly conveyed the fact that Security Pacific was not the trustee of the fund created by

Meritage Homes of Nevada, Inc. v. Federal Deposit Insurance

753 F.3d 819 · Court of Appeals for the Ninth Circuit · Apr 15, 2014

Having established the standards of review, we turn to the merits. … In its reply brief, Meritage qualified this position by 12 MERITAGE HOMES OF NEVADA V. FDIC stating that it “does not claim to have a . . . common security interest.”

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

Ronald Allen, Jr. v. Robert Smith

597 F. App'x 442 · Court of Appeals for the Ninth Circuit · Mar 16, 2015

This relief sought by the Appellants clearly operates against the Tribe. The requested relief would prevent the Tribe from disenrolling the Appellants and compel it to reinstate their membership and tribal benefits. … Appellants concede that the Tribe is protected from suit by its sovereign immunity.

John Casella Joan Casella v. William Webb Private Ledger, Anita Chalmers Dba Private Ledger Financial Services, and Anita Chalmers, AKA Anita Webb

883 F.2d 805 · Court of Appeals for the Ninth Circuit · Aug 25, 1989

The Casellas bought shares in a real estate limited partnership known as Hondo House, Ltd., allegedly in reliance on the following false representations by Chal-mers: (1) Hondo House “was qualified with [the] IRS as an IRS … than the alleged misrepresentations regarding the profitability and tax benefits of the investment. 6 The language of Section 12(2) clearly states that whenever a security is sold “by means of” a misstatement or omission

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.

Los Angeles Unified School District v. Garcia

741 F.3d 922 · Court of Appeals for the Ninth Circuit · Jan 28, 2014

Viewing the statute through that broader lens, we conclude that our con *935 struction furthers the overarching purpose of the statutory scheme as a whole, which, as already discussed, is to ensure that there is a clearly … (e)(15) [providing that an emancipated minor is considered an adult for purposes of "establishing] the minor's own residence].) .

United States v. Blaine County

363 F.3d 897 · Court of Appeals for the Ninth Circuit · Apr 7, 2004

The district court found, however, that American Indians frequently run for the Harlem School Board, which demonstrates that there is a pool of qualified American Indian candidates. … The County again fails to explain how the district court’s finding on this point was clearly erroneous.

Jaime Lazo v. Robert Wilkinson

Court of Appeals for the Ninth Circuit · Feb 26, 2021

The panel further concluded that Lazo’s conviction documents unambiguously established that his conviction was for cocaine, a controlled substance under the CSA. … In the absence of such sources, the “record of a prior conviction itself” may clearly show, in the “indictment and jury instructions,” that “the statute contains a list of elements, each one of which goes toward a separate

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

United States v. Barona

56 F.3d 1087 · Court of Appeals for the Ninth Circuit · Jun 5, 1995

Our cases establishing the exception as to when the Fourth Amendment can be invoked in an extraterritorial search control our analysis. … In summary, the finding that the Milan wiretap was not a joint venture is not clearly erroneous.

Diaz-Covarrubias v. Mukasey

Court of Appeals for the Ninth Circuit · Jan 9, 2009

See 470 U.S. at 832 (“[A]n agency’s decision not to take enforcement action should be presumed immune from judicial review under § 701(a)(2).”). … As noted above, there is no law to apply, either in the form of an “established agency polic[y]” or otherwise. Alcaraz, 384 F.3d at 1161.

United 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.

Isaiah Williams v. Debra Williams

661 F. App'x 458 · Court of Appeals for the Ninth Circuit · Aug 31, 2016

However, the court concluded that this right was not clearly established in 2006. Thus, the court granted summary judgment on the due process claim in favor of the defendant, based on qualified immunity. … The court erred when it concluded that the right was not clearly established in 2006.

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.

American Mortg. Co. of Scotland v. Hopper

64 F. 553 · Court of Appeals for the Ninth Circuit · Oct 2, 1894

A. 552 , 50 Fed. 507 , the method whereby Tested rights to public lands are acquired is clearly and correctly stated. … Custer, supra, Secretary Vilas clearly enunciated tbe principles applicable to this case.