Case law

Neal-Lomax v. Las Vegas Metropolitan Police Department

371 F. App'x 752 · Court of Appeals for the Ninth Circuit · Mar 17, 2010

Rutherford, 272 F.3d 1272, 1285 (9th Cir. 2001) (emphasis in original), especially as it was employed for Lomax’s benefit and resulted from the paramedics’ request, he is entitled to qualified immunity. … Accordingly, we affirm the grant of summary judgment in favor of defendants Rader and LVMPD. 3  Because defendant LVMPD has not established that this appeal “was frivolous

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.

Mt. Graham Red Squirrel v. Espy

986 F.2d 1568 · Court of Appeals for the Ninth Circuit · Mar 3, 1993

A site was chosen and the lower control area established immediately adjacent to the lower study area. … These findings do not appear to be clearly erroneous. 7 C 50 Baseline Monitoring.

Luzvisaminda Ablang v. Janet Reno, Attorney General

52 F.3d 801 · Court of Appeals for the Ninth Circuit · Apr 14, 1995

constitutionality of 8 U.S.C. § 1101 (b)(1)(D), a statute which excluded natural fathers and their illegitimate children from the special preference immigration status granted by the Immigration and Nationality Act to aliens who qualify … Clearly, an illegitimate child cannot claim citizenship via jus sanguinis until her parentage is established.

Deck v. Jenkins

814 F.3d 954 · Court of Appeals for the Ninth Circuit · Sep 29, 2014

If anything, clearly established Supreme Court precedent supports the CCA’s application. … The dissent suggests that we treat Parker itself as "clearly established Federal law.”

Herbert E. Kelly, Sr. v. Kenneth Guinn, Superintendent of Schools, Clark County School District

456 F.2d 100 · Court of Appeals for the Ninth Circuit · Apr 3, 1972

The burden rested upon plaintiffs, as appellants, to establish that the district court exceeded its broad discretion in approving the particular plan involved here, and clearly plaintiffs did not sustain that burden. … within the limitations of the available pool of qualified applicants.

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.

Patel v. Penman

103 F.3d 868 · Court of Appeals for the Ninth Circuit · Dec 26, 1996

On December 2, 1992, the district court granted summary judgment on defendants’ motion to all individual defendants (on the basis of qualified immunity and the inapplicability of Art. … To establish a violation of substantive due process in this context, a plaintiff is ordinarily required to prove that a challenged government action was “clearly arbitrary and unreasonable, having no substantial relation

David Khalaj v. United States

Court of Appeals for the Ninth Circuit · Sep 15, 2021

But Congress did not waive sovereign immunity for all torts. … But even viewed in the light most favorable to Plaintiffs, the officers’ actions here were clearly “susceptible to policy analysis.” Gaubert, 499 U.S. at 325. 7

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.”

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

Jones v. Reagan

748 F.2d 1331 · Court of Appeals for the Ninth Circuit · Dec 4, 1984

The same facts establish the seamen’s rights to cure. … Congress’ gratuitous provision of free medical care did not give the seamen a “vested right” to the benefits immune from repeal.

United States v. Aaron A. Rutledge Anthony Rutledge, AKA "Tony" Rutledge, Star-Beachboys, Inc.

437 F.3d 917 · Court of Appeals for the Ninth Circuit · Feb 14, 2006

Unity House’s Assets Do Not Qualify as “Proceeds’’ of Rutledge’s Mail or Wire Fraud. … Those third parties, however, would have to meet the requirements of 21 U.S.C. § 853 (n) to establish their superior right to the assets. 9 .

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.

Clark v. Calderon

Court of Appeals for the Ninth Circuit · Mar 16, 2006

If those had been the facts, the Court wrote, the arson would not have qualified as a special circumstance. … In Webster, we implicitly — but clearly — rejected the State’s suggested application of McSherry to special circumstance statutes.

Mora-Meraz v. Thomas

601 F.3d 933 · Court of Appeals for the Ninth Circuit · Apr 14, 2010

Once dependence or substance abuse has been established, an individual can enter one of the stages of remission if none of the symptoms listed above are present for one month. Id. at 195. … But the Bureau is properly concerned with enrolling inmates who genuinely qualify for the therapy and its attending incentive to successfully complete the RDAP.

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."

Martin Stivers Mary Chase Ernsberger Chamar, Inc. v. Richard Pierce George D. Wendell Denise Conrad Gary T. Robey Brian McKay Robert J. Rodefer Individually and as Members of the Nevada State Private Investigators Licensing Board Nevada State Private Investigators Licensing Board and Does 1-20, and Carol Widmer-Hanna Bill Bertram, Martin Stivers v. Richard Pierce George D. Wendell Denise Conrad Gary T. Robey Brian McKay Robert J. Rodefer Individually and as Members of the Nevada State Private Investigators Licensing Board Nevada State Private Investigators Licensing Board and Does 1-10, and Carol Widmer-Hanna Bill Bertram

131 F.3d 148 · Court of Appeals for the Ninth Circuit · Nov 21, 1997

Each contends that there was insufficient evidence to support a finding of liability, that each enjoyed qualified immunity, and that the damages were excessive. … We concluded that there were triable issues on liability, and that the defendants, were the jury to find that they were actually biased, did not enjoy qualified immunity.

Thomas Anderson v. Charles Warner County of Mendocino County of Mendocino Sheriff's Department

451 F.3d 1063 · Court of Appeals for the Ninth Circuit · Jun 26, 2006

“It is firmly established that a defendant in a § 1983 suit acts under color of state law when he abuses the position given to him by the State.” Atkins, 487 U.S. at 49-50 , 108 S.Ct. 2250 . … If Warner had been a janitor in the county jail, his statement that he was a “cop” would not have been enough to render his conduct under color of law, for the term “cop” would have been a clearly inaccurate characterization

Parks School of Business, Inc., Dba Parks College, a New Mexico Corporation v. Fife Symington Roy A. Nicholson Sally Hein

51 F.3d 1480 · Court of Appeals for the Ninth Circuit · Apr 11, 1995

Clearly, the HEA was enacted to benefit students. See 20 U.S.C. §§ 1070 (a), 1071(a)(1). … The first two exceptions clearly do not apply.