Case law

Mindy Losee v. City of Chico

Court of Appeals for the Ninth Circuit · Jun 18, 2018

However, the district court erred when it determined that Sergeant Zuschin was entitled to qualified immunity on Losee’s excessive force claim. … The 3 right not to be shot in a car that poses no immediate danger to police officers or others is clearly established. See Acosta v.

John Miller v. S. Acosta

Court of Appeals for the Ninth Circuit · Feb 25, 2022

The district court properly determined that defendant Acosta was entitled to qualified immunity on Miller’s free exercise claim because Acosta’s conduct in refusing to provide Miller with his RMA meals when Miller did not … show him a Religious Diet Card did not violate clearly established law.

Spencer v. World Vision, Inc.

619 F.3d 1109 · Court of Appeals for the Ninth Circuit · Jan 25, 2011

Judge O’Scannlain formulates this test: “a nonprofit entity qualifies for the section 2000e-1 exemption if it establishes that it 1) is organized for a self-identified religious purpose (as evidenced by Articles of Incorporation … [and] belong to no clearly delineated religious order”); EEOC v.

United States v. Thomas Grossi, Sr.

624 F. App'x 447 · Court of Appeals for the Ninth Circuit · Jun 23, 2015

The statute clearly states otherwise. … clearly and unequivocally applies.”

Pina v. United States

165 F.2d 890 · Court of Appeals for the Ninth Circuit · Jan 23, 1948

[Many cases cited.] ” 1 The same rule has been adopted “even in cases where the confederate appears for the prosecution motivated by hope of immunity”. Weaver v. United States, 8 Cir., 111 F.2d 603, 608 . Cf. Wellman v. … but concedes that “the argument on the question of whether it was prejudicial error for the trial court to refuse to give defendant’s requested jury instruction No. 3 and to deny defendant’s motion to reopen the case is clearly

Juan Solis-Diaz v. Scott Tompkins

656 F. App'x 294 · Court of Appeals for the Ninth Circuit · Jul 6, 2016

Qualified immunity protects government officials from liability when their conduct does not violate clearly established constitutional or statutory rights. Hope v. Pelzer, 536 U.S. 730, 739 (2002). … established.1 Tompkins is therefore not entitled to summary judgment on the basis of qualified immunity.

34 Fair empl.prac.cas. 502, 33 Empl. Prac. Dec. P 34,250, 34 Empl. Prac. Dec. P 34,563 Clark B. Gathercole, Plaintiff-Appellee-Cross-Appellant v. Global Associates, Defendant-Appellant-Cross-Appellee

727 F.2d 1485 · Court of Appeals for the Ninth Circuit · Jul 2, 1984

Sec. 623 (f). 22 The district court ruled that Global was not immunized by the contract and the FAA regulation indirectly incorporated therein because there was no evidence that [in words which Judge Weigel quoted at 560 … Furthermore, the j60-year regulatory requirement was "clearly imposed by the FAA and by the Army for the safety and convenience of the public". k Starr v.

M.R. v. Dreyfus

697 F.3d 706 · Court of Appeals for the Ninth Circuit · Dec 16, 2011

Keeping in mind that the services at issue are personal care services, and not medical care, the district court determined that the plaintiffs failed to establish a likelihood of irreparable harm. … The district court also noted the use of qualifying language in the declarations that rendered them "speculative at best ...” Id. at p. 25 n.31.

Manuel Vasquez v. Tony Rackauckas

734 F.3d 1025 · Court of Appeals for the Ninth Circuit · Nov 5, 2013

Rackauckas’s state-law immunity argument does not impact our analysis of Plaintiffs’ federal due process claim or the corresponding relief granted, to which we turn. 15 IV. … The Order also establishes curfews for both minors and adults, prohibiting nighttime presence in a “public place, vacant lot, or business establishment” unless an enumerated exception applies.

States Marine Corporation of Delaware, a Corporation v. Victory Carriers, Inc., a Corporation, and Shipowners & Merchants Towboat Co., Ltd., a Corporation, of the Tug, Sea Scout, Shipowners & Merchants Towboat Co., Ltd. v. Victory Carriers, Inc., a Corporation

272 F.2d 463 · Court of Appeals for the Ninth Circuit · Dec 17, 1959

The finding of the court was precisely to the contrary. 6 Viewed as a finding of fact, this cannot be held to be clearly erroneous. … Co., 6 Cir., 165 F.2d 368 . 25 The limitation of recovery to one-half, if the pilotage clause had bound Victory Carriers, would be an application of an established admiralty doctrine.

Wright v. Oregon Metallurgical Corp.

360 F.3d 1090 · Court of Appeals for the Ninth Circuit · Mar 11, 2004

If the pleadings establish facts compelling a decision one way, that is as good as if depositions and other expensively obtained evidence on summary judgment establishes the identical facts.”) … Because we have rejected Plaintiffs’ contention that the decision to hold the company’s stock was imprudent, the *1103 district court did not err in concluding that Key was immune from liability as a directed trustee.

Pacific Legal Foundation v. State Energy Resources Conservation & Development Commission

659 F.2d 903 · Court of Appeals for the Ninth Circuit · Oct 7, 1981

. § 1343 (3), which covers civil suits for the redress of deprivations of rights, privileges, or immunities secured by the Constitution or by a federal law providing for equal rights'. … Because the public interest is paramount, a Nuclear Regulatory Commission has been established to oversee the statutory scheme.

Frederick Cooley v. Sharon Meads

Court of Appeals for the Ninth Circuit · Jun 28, 2018

Pelzer, 536 U.S. 730 (2002), clearly established that chaining a prisoner to an immovable object for seven hours without water or adequate restroom access when “[a]ny safety concerns had long since abated” violated the … As a result, the district court properly concluded that Meads is not entitled to qualified immunity.

Gregory Dickens v. Charles L. Ryan

Court of Appeals for the Ninth Circuit · Aug 3, 2012

“[T]o determine whether a state court failed to apply ‘clearly established Federal law’ . . . we must distinguish between situations where a legal principle established by a Supreme Court decision clearly extends to a new … Supreme Court precedent, and we know of none, clearly establishing this principle.

Marion J. Imel v. Laborers Pension Trust Fund for Northern California

904 F.2d 1327 · Court of Appeals for the Ninth Circuit · May 22, 1990

Findings of fact are reviewed under the clearly erroneous standard. Fed.R.Civ.P. 52(a); Kruso v. International Tel. & Tel. Corp., 872 F.2d 1416 , 1421 (9th Cir.1989). 2. … This finding is not clearly erroneous. 3 It establishes the basis for concluding that Imel’s pre-service employment was not of a temporary nature.

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.

Flying Tiger Lines, Inc. v. Landy

370 F.2d 46 · Court of Appeals for the Ninth Circuit · Nov 14, 1966

The vice of this rule *52 was that in a case involving an employment which was not so clearly a matter of local concern as to be definitely within the competence of state legislation nor so clearly of general maritime concern … The quoted language clearly reveals a Congressional preference for the federal remedy.

Dixie Tank & Bridge Co., a Corporation v. County of Orange, a County of the State of California, and Willis H. Warner

264 F.2d 738 · Court of Appeals for the Ninth Circuit · Apr 8, 1959

This rule is established from motives of public policy. … But although this is the general rule in relation to public agents, yet it is founded upon a mere presumption, and is liable to be rebutted by circumstances which clearly establish an intention between the parties to the

United States v. Narvaez-Gomez

Court of Appeals for the Ninth Circuit · Jun 5, 2007

Diaz- Argueta, 447 F.3d 1167, 1170 (9th Cir. 2006) (rejecting argument that only aggravated felonies qualify as crimes of violence); Valencia v. … establish that the con- viction is a predicate conviction for enhancement purposes.’ ” United States v.

Sohappy v. Hodel

911 F.2d 1312 · Court of Appeals for the Ninth Circuit · Aug 3, 1990

The regulations establishing the authority of the IBIA are silent on the issue of whether the IBIA may rule on the validity of a duly promulgated regulation. … Thus, the Indians understood that the right to take fish at the usual and accustomed stations qualified the requirement of removing to and settling on the reservation.