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  • Joseph Toussaint, Plaintiffs/appellees/cross-Appellants v. Daniel McCarthy Defendants/appellants/cross-Appellees

    801 F.2d 1080 · Court of Appeals for the Ninth Circuit · Sep 30, 1986

    work, training or education program established by the Director of Corrections. … Lamm, 639 F.2d 559 , 580 n. 26 (10th Cir.1980) (“weight of present authority clearly establishes that there is no constitutional right to contact visitation ...

    Overruled in part, on other grounds by Nick Mennick v. J. Smith, 459 F. App'x 649 (2011)Cited 950 timesPublished
  • John Doe v. San Diego Unified School Dist

    Court of Appeals for the Ninth Circuit · Jan 14, 2022

    While Doe has developed natural immunity to COVID-19 from a prior infection, her religious beliefs forbid her from receiving any of the COVID-19 vaccines. … Third, if a regulation is not neutral and generally applicable, “the government has the burden to establish that the challenged [regulation] satisfies strict scrutiny.” Id.

    Cited 0 timesPublished
  • Paramount Land Co. v. California Pistachio Commission

    Court of Appeals for the Ninth Circuit · Jun 7, 2007

    First, Congress directed the establishment of the program itself, including its promotional activities. Id. at 560- 61. … In Johanns, the Court held that the speech at issue in that case more than met the requirements for qualifying as government speech.

    Cited 0 timesPublished
  • Rose v. Mayberg

    Court of Appeals for the Ninth Circuit · Jul 18, 2006

    Relevant here, AEDPA provides that a habeas petition must be denied unless the state court decision was “contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme … The state court’s application of clearly established law must be objectively unreasonable.”). 7922 ROSE v. MAYBERG illness” or “mental abnormality.” See, e.g., . . . Allen v.

    Cited 0 timesPublished
  • United States Ex Rel. Mateski v. Raytheon Co.

    816 F.3d 565 · Court of Appeals for the Ninth Circuit · Mar 7, 2016

    Rather, in resolving the case based upon whether Wang qualified as an UNITED STATES EX REL MATESKI V. … Rather than analyze substantial similarity, we skipped directly to finding that Hagood clearly qualified as an original source.

    Cited 58 timesPublished
  • 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.

    Cited 0 timesUnpublished
  • Clark v. Calderon

    Court of Appeals for the Ninth Circuit · May 30, 2006

    In Webster, we implicitly — but clearly — rejected the State’s suggested application of McSherry to special circumstance statutes. … Two were felony-murder special cir- cumstance cases that clearly followed Green.

    Cited 0 timesPublished
  • Jeffrey Benton, on Behalf of Lynn Benton v. Jo Anne B. Barnhart, Commissioner of Social Security

    331 F.3d 1030 · Court of Appeals for the Ninth Circuit · Jun 9, 2003

    Zwiefach qualify as Benton’s treating physician? The ALJ found that there is no evidence that Dr. Zwiefach qualifies as Benton’s treating physician. … Zwiefach had sufficient contact with Benton to qualify unequivocally as a treating source. Dr.

    Cited 345 timesPublished
  • ABC National Line Erection Apprenticeship Training Trust v. Aubry

    68 F.3d 343 · Court of Appeals for the Ninth Circuit · Oct 17, 1995

    “[W]hen the plaintiff is not himself the object of the government action or inaction he challenges, standing is not precluded, but it is ordinarily ‘substantially more difficult’ to establish.” Lujan v. … California Labor Code § 1777.5, as enforced in conjunction with § 1771, clearly hampers ABC Trust’s ability to receive funds from California projects.

    Cited 1 timesPublished
  • Hood v. Encinitas Union School

    Court of Appeals for the Ninth Circuit · Apr 9, 2007

    Based on these deficiencies, the hearing offi- cer determined that the district had met its burden of proving IDEA compliance because the evidence did not establish that Anna met the eligibility criteria for possessing any … that Anna did not qualify for special education due to an “other health impair- ment.”

    Cited 0 timesPublished
  • 41 Fair empl.prac.cas. 1590, 44 Fair empl.prac.cas. 847, 40 Empl. Prac. Dec. P 36,213, 40 Empl. Prac. Dec. P 36,314 Robert P. Alexander v. City of Menlo Park Mike Bedwell, City Manager of City of Menlo Park, Robert P. Alexander v. City of Menlo Park

    787 F.2d 1371 · Court of Appeals for the Ninth Circuit · Jun 24, 1986

    Under the test established by Mathews v. Eldridge, 424 U.S. 319, 335 , 96 S.Ct. 893, 903 , 47 L.Ed.2d 18 (1976), Alexander was deprived of that property interest without due process. … Harm due to "mental and emotional distress" is clearly "compensable under 42 U.S.C. Sec. 1983 ," providing the plaintiff "demonstrate[s] that [his] injury resulted directly from the wrongful deprivation of due process."

    Cited 0 timesPublished
  • Charles R. JACKSON, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee

    110 F.3d 1484 · Court of Appeals for the Ninth Circuit · Apr 14, 1997

    apparently unsure whether Jackson had received administrative authorization for medical care, Bell referred Jackson back to his Naval Reserve Unit to obtain the appropriate administrative authorization and referral to a qualified … According to established precedent, three rationales underlie the doctrine: (1) [T]he distinctively federal nature of the relationship between the government and members of its armed forces, which argues against subjecting

    Cited 25 timesPublished
  • Memorial Rehabilitation Hospital of Santa Barbara v. Secretary of Health & Human Services

    65 F.3d 134 · Court of Appeals for the Ninth Circuit · Aug 30, 1995

    LAY, Senior Circuit Judge: Memorial Rehabilitation Hospital of Santa Barbara (“Memorial”) challenges the conclusion of the Secretary of Health and Human Services (“the Secretary”) that it does not qualify as a “new hospital … Thus, the record clearly supports a finding that no material changes in the inpatient services occurred at the hospital from September 1979 through June 1984.

    Cited 1 timesPublished
  • Theme Promotions, Inc. v. News America Marketing FSI

    546 F.3d 991 · Court of Appeals for the Ninth Circuit · Aug 19, 2008

    expert—also helped to establish causation. … NEWS AMERICA cases holding that the First Amendment Petition Clause immunizes acts of petitioning the legislature from antitrust liability. Id. (citing Eastern R.R. Presidents Conference v.

    Cited 138 timesPublished
  • Pacheco Fregozo v. Holder

    Court of Appeals for the Ninth Circuit · Aug 12, 2009

    This statutory lan- guage clearly reaches conduct that creates only potential harm to a child; no actual injury to a child is required for convic- tion. … It is the govern- ment’s burden “to establish clearly and unequivocally [that] the conviction was based on all of the elements of a qualify- ing predicate offense,” through such documents and other “ju- dicially noticeable

    Cited 0 timesPublished
  • Andrews v. King

    398 F.3d 1113 · Court of Appeals for the Ninth Circuit · Feb 10, 2005

    To place the burden of proving the existence of (or establishing a prima facie case of) three strikes on the state would be illogical for it would force a third party to demonstrate why a person should not obtain a benefit … The Meaning of a Strike I also do not agree that a dismissal for filing a clearly improper appeal is not a dismissal on the basis of frivolity.

    Cited 1,357 timesPublished
  • Aguilar v. Gonzales

    166 F. App'x 970 · Court of Appeals for the Ninth Circuit · Feb 15, 2006

    DISCUSSION To qualify for asylum, De Leon was required to show he was unwilling to return to Guatemala “because of persecution or a well-founded fear of persecution on account of ... political opinion.” See Khup v. … Athough the circumstances cited by De Leon may support an inference that the military sought to persecute him, that inference is clearly not “compelled.” See Ramadan v. Gonzales, 427 F.3d 1218, 1223 (9th Cir.2005).

    Cited 0 timesPublished
  • UNITED STATES of America, Plaintiff-Appellee, v. Charles CONNELLY, Defendant-Appellant

    156 F.3d 978 · Court of Appeals for the Ninth Circuit · Sep 18, 1998

    All four checks were written on fraudulently established accounts and were dishonored. … Acceptance of Responsibility “If the defendant clearly demonstrates acceptance of responsibility” for his offense, then he qualifies for, in this case, a two-level downward adjustment in offense level.

    Cited 41 timesPublished
  • United States v. Washington

    853 F.3d 946 · Court of Appeals for the Ninth Circuit · Jun 27, 2016

    Washington’s cross-request for an injunction thus does not qualify as a claim for recoupment and is barred by sovereign immunity. b. … The court’s finding was clearly erroneous, and its approach was an abuse of discretion.

    Cited 1 timesPublished
  • Van Ort v. Estate of Stanewich

    92 F.3d 831 · Court of Appeals for the Ninth Circuit · Aug 6, 1996

    Moreover, section 820 deals with defenses and immunities. … “reserved the issue of public entity immunity for negligent supervision”).

    Cited 209 timesPublished

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