Case law
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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 timesPublishedJohn 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 timesPublishedParamount 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 timesPublishedCourt 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 timesPublishedUnited 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 timesPublishedFrederick 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 timesUnpublishedCourt 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 timesPublishedJeffrey 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 timesPublishedABC 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 timesPublishedHood 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 timesPublished787 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 timesPublishedCharles 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 timesPublishedMemorial 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 timesPublishedTheme 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 timesPublishedCourt 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 timesPublished398 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 timesPublished166 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 timesPublishedUNITED 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 timesPublished853 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 timesPublishedVan 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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