Case law

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.

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.

Catholic League for Religious & Civil Rights v. City & County of San Francisco

567 F.3d 595 · Court of Appeals for the Ninth Circuit · Jun 3, 2009

in need,” and continues throughout the text, which explains that “[s]ame-sex couples are just as qualified to be parents as are heterosexual couples.” … League's Establishment Clause claim.

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.

Load, Inc. v. Commissioner of Internal Revenue

559 F.3d 909 · Court of Appeals for the Ninth Circuit · Mar 4, 2009

Accordingly, the costs in question do not qualify for the section 1.263A-1(e)(3)(iii)(I), Income Tax Regs. exception from inventory for on-site storage costs. … The evidence establishes that the $243,350 in question con- stitutes lot lease payments, the $16,684 in question constitutes 2698 LOAD, INC. v.

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."

Burlington Northern Santa Fe Railway Company v. International Brotherhood Of Teamsters Local 174

170 F.3d 897 · Court of Appeals for the Ninth Circuit · Mar 16, 1999

Labor policy clearly does not require, however, that a union have freedom to impose direct restraints on competition among those who employ its members. … However, the Court stated that the manner by which Local 100 sought to achieve this goal was not immunized from the antitrust laws by the nonstatutory exemption.

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.

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

Oscar Chavez Solis v. Loretta E. Lynch

803 F.3d 1004 · Court of Appeals for the Ninth Circuit · Oct 6, 2015

The petitioner may simply “rely on the statutory language to establish the statute as overly inclusive.” Vidal, 504 F.3d at 1082. … Wallace thus clearly shows a defendant can be prosecuted and convicted under California’s child pornography laws based on the “lewd or lascivious sexual act” prong of § 311.4(d)’s definition of “sexual conduct.”

Balen v. Holland America Inc

Court of Appeals for the Ninth Circuit · Oct 2, 2009

HOLLAND AMERICA LINE 14217 installments for deployment costs, including travel expenses incurred by HAL, in qualifying these seafarers to work over- seas. … The record clearly establishes that the parties’ agree- ment arises out of a legal relationship that is commercial.

Carl Basil Angelo Hill v. United States Immigration and Naturalization Service, Lesbian/gay Freedom Day Committee, Inc. v. United States Immigration and Naturalization Service

714 F.2d 1470 · Court of Appeals for the Ninth Circuit · Sep 7, 1983

Medical examinations are to be made by at least one qualified medical officer of the United States Public Health Service or by a qualified civil surgeon. 35 H.R.Rep. … Rather, the medical examination is to be made by "at least one qualified medical officer".

Terry Smith v. Merrill L. Elkins, Chairman

953 F.2d 1388 · Court of Appeals for the Ninth Circuit · Jan 22, 1992

Thus, the defendants cannot assert the defense of qualified immunity based on uncertainty in the law or the law's application to this case. 13 Nevertheless, the defendants may still be entitled to qualified immunity. … Thus, if a reasonable official would have thought that Smith was not praying but rather was simply communicating with humans regarding earthly subjects, the defendants would be entitled to qualified immunity.

Casebeer v. Commissioner

909 F.2d 1360 · Court of Appeals for the Ninth Circuit · Aug 6, 1990

These facts, however, do not establish that Sturm did not need deductions to shelter income. … This finding was not clearly erroneous.

National Labor Relations Board v. Swinerton

202 F.2d 511 · Court of Appeals for the Ninth Circuit · Feb 17, 1953

An employer charged with discrimination in regard to hire cannot hide behind an alleged misinterpretation of a labor contract which clearly states that the employer is to have complete freedom of employment. … Millwrights’ membership, and that since *516 there was a finding of a discriminatory hiring policy “it rested upon the tortfeasor to disentangle the consequences .for which it was chargeable from thosé from which it was immune

Maricopa-Stanfield Irrigation And Drainage District v. United States

158 F.3d 428 · Court of Appeals for the Ninth Circuit · Oct 14, 1998

The amici underestimate the breadth of the SCAT Act's waiver of sovereign immunity. … Second, the districts must demonstrate that Congress clearly foreclosed its own prerogative to order that water reallocated in subsequent legislation.