Case law

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.

Carrie Gregory v. State of Montana

118 F.4th 1069 · Court of Appeals for the Ninth Circuit · Sep 27, 2024

On May 26, 2020, Flaherty reviewed the cellphone recording and concluded that the quality was too poor to clearly make out what was depicted. … The video footage at issue in this case thus readily qualifies as “electronically stored 16 GREGORY V. STATE OF MONTANA information” within the meaning of the Federal Rules of Civil Procedure.

Pearson v. Muntz

639 F.3d 1185 · Court of Appeals for the Ninth Circuit · Oct 26, 2010

MUNTZ 17601 was not “clearly established Federal law,” and that a state- ment of reasons and an opportunity to be heard was all that was required under Supreme Court precedent. … MUNTZ 17603 In the parole context, the “clearly established Federal law, as determined by the Supreme Court” is Greenholtz.

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.

United States v. Ralph H. Washington

782 F.2d 807 · Court of Appeals for the Ninth Circuit · Feb 11, 1986

As we have said, a defendant’s Sixth Amendment right to retain counsel of his choice is a qualified one. … It clearly establishes probable cause to believe that Washington was a user of cocaine. What is much less clear, however, is whether the affidavit adequately indicates that he was a seller of cocaine.

Bennie Brown v. Mike Stoffel Joseph Malcolm

141 F.3d 1174 · Court of Appeals for the Ninth Circuit · Mar 2, 1998

Quasi-prosecutorial immunity therefore attaches to Parole Agent Stoffel. … Nor is Malcolm entitled to qualified immunity because the parolee's right to confront adverse witnesses, unless the hearing officers make a finding that the witness fears for her or his safety, was clearly established at

Roe v. Anderson

134 F.3d 1400 · Court of Appeals for the Ninth Circuit · Jan 28, 1998

plaintiffs' probability of success on the merits. 1. 6 Section 11450.03 of the California Welfare and Institutions Code, enacted in 1992, provides that "families that have resided in this state for less than 12 months" and who qualify … Bernalillo County Assessor, 472 U.S. 612, 623 , 105 S.Ct. 2862, 2868 , 86 L.Ed.2d 487 (1985) ("The State may not favor established residents over new residents."); Zobel v.

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.”

Sverre Tynning v. City of Desert Hot Springs Louis R. Fortin

958 F.2d 378 · Court of Appeals for the Ninth Circuit · Mar 27, 1992

In light of our conclusion that the officer is entitled to qualified immunity, we need not address the lawfulness of the entry. 5 As the Supreme Court has noted, qualified immunity may even shield an official who acts without … The critical inquiry is whether a reasonable officer could have believed the entry to be lawful in light of clearly established law and the information he possessed. Anderson v. Creighton, 483 U.S. 635, 641 (1987).

United States v. Jazzmin Dailey

941 F.3d 1183 · Court of Appeals for the Ninth Circuit · Nov 4, 2019

SORNA did not create new substantive criminal law but instead “establish[ed] a comprehensive national system for the registration” of “sex offenders and offenders against children.” 34 U.S.C. § 20901. … The court clearly directed Dailey to register as a sex offender under SORNA.

Arizona State Board for Charter Schools v. U.S. Department of Education

Court of Appeals for the Ninth Circuit · Sep 25, 2006

A natural reading establishes that only “non- profit institutional day or residential school[s]” are eligible for federal funding under the ESEA and the IDEA. … [4] A closer inspection confirms this interpretation as the legislative history lacks any indication that Congress intended, through these amendments, to obviate the earlier- established “nonprofit” qualifier.

13 Fair empl.prac.cas. 1625, 14 Fair empl.prac.cas. 1233, 12 Empl. Prac. Dec. P 11,257, 14 Empl. Prac. Dec. P 7502 Marie Manhart v. City of Los Angeles, Department of Water and Power, a Body Corporate and Politic

553 F.2d 581 · Court of Appeals for the Ninth Circuit · May 5, 1977

It denied the motion of the Board members in their individual capacities to dismiss the § 1983 claim, holding that they are "persons," and that they are not immune from suit under § 1983. … For example, widows' benefits are paid automatically; but a widower qualifies only if he is disabled or if he was actually supported by his deceased wife.

Addrisi v. The Equitable Life Assurance Society Of The United States

503 F.2d 725 · Court of Appeals for the Ninth Circuit · Sep 30, 1974

Addrisi's allegations establish that Equitable is qualified and does actively engage in the business of life insurance within the State of California as well as all other sister states. … Its purpose was stated quite clearly in its first section; Congress declared that 'the continued regulation and taxation by the several states of the business of insurance is in the public interest.' . . . 15 U.S.C. 1011.

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.

Hernandez De Anderson v. Gonzales

497 F.3d 927 · Court of Appeals for the Ninth Circuit · Aug 9, 2007

Because Petitioner’s 1981 attempted voluntary manslaughter conviction qualifies as an aggravated felony, she is not eligible for cancellation of removal. See 8 U.S.C. § 1101 (a)(43)(F), (U); United States v. … Gonzales, 469 F.3d 1319, 1327-28 (9th Cir.2006) (finding no impermissible retroactive effect in the denial of pre-IIRI-RA relief because the petitioner had not been in the United States long enough to qualify for the relief

George Young, Jr. v. State of Hawaii

896 F.3d 1044 · Court of Appeals for the Ninth Circuit · Jul 24, 2018

STATE OF HAWAII by sovereign immunity. … Oklahoma, for example, established strict limits on public carry. See Will T.

Peter Lee v. City of Los Angeles

908 F.3d 1175 · Court of Appeals for the Ninth Circuit · Nov 19, 2018

The record does not clearly show that the two aforementioned Commissioners had concerns specifically about racial line drawing, as opposed to the overall proposal put forth by Ellison. … The Court’s analysis drew on “political principles already firmly established in the States,” as reflected in numerous state constitutions that had historically embraced just such a privilege for their own legislators.

Martinez v. City of Stockton, Cal.

12 F.3d 1107 · Court of Appeals for the Ninth Circuit · Nov 19, 1993

Martinez correctly notes that the proper standard for qualified immunity is an objective one: qualified immunity "is available to government officials if they could reasonably have thought that their actions were lawful in … light of the clearly established law and the information they possessed."

United States v. Karl Anthony Mowat, United States of America v. Francis N. Kauhane, Jr. And Charles K. Warrington, Jr., United States of America v. Rae Mei-Ling Chang, United States of America v. Walter Ritte, Jr. And Richard Sawyer, Jr.

582 F.2d 1194 · Court of Appeals for the Ninth Circuit · Sep 28, 1978

All of that points clearly to notice as required. … Nor are we persuaded that the land was immune from transfer and use by the Navy because it assertedly was held in public trust before the 1898 agreement.

Paulson v. Dean Witter Reynolds, Inc.

905 F.2d 1251 · Court of Appeals for the Ninth Circuit · Jun 6, 1990

The parties clearly expressed their intention to arbitrate “[a]ny controversy” arising between them concerning the Options Trading Agreements. … Although our decision to overrule Wilko establishes a new principle of law for arbitration agreements under the Securities Act, this ruling furthers the purposes and effect of the Arbitration Act without undermining those