Case law

96 Cal. Daily Op. Serv. 4264, 96 Daily Journal D.A.R. 6885 the Crow Tribe of Indians Crow Tribal Gaming Commission Absaloka Casino Enterprise, Inc. Clara Nomee Gavin Jefferson Henrietta Pretty on Top Leon Pretty Weasel Tyrone Ten Bear and Steven Stevens v. Marc Racicot, Individually and as Governor of the State of Montana Janet Jessup, Individually and in Her Capacity as Administrator of the Montana Gambling Control Division Joseph Mazurek, Individually and in His Capacity as Attorney General for the State of Montana Deanne Sandholm, Individually and in Her Capacity as Assistant Attorney General for the State of Montana Montana Gambling Control Division and the State of Montana

87 F.3d 1039 · Court of Appeals for the Ninth Circuit · Jun 14, 1996

Her conduct was objectively reasonable and she is entitled to qualified immunity. See Malley v. Briggs, 475 U.S. 335, 341 , 106 S.Ct. 1092, 1096 , 89 L.Ed.2d 271 (1986). 43 D. … Thus, the Crow have failed to establish the necessary predicate for a Due Process claim--the existence of a property or liberty interest.

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.

Aurora Vasquez v. County of Santa Clara

Court of Appeals for the Ninth Circuit · Feb 27, 2020

Because we conclude that Vasquez failed to raise a material 2 Because the district court did not reach the issue of qualified immunity, we need not address it. … See Gordon, 888 F.3d at 1125 (“The district court did not reach [the qualified immunity] issue.

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.

Martin Allen Johnson v. United States Bureau of Prisons United States of America

12 F.3d 1106 · Court of Appeals for the Ninth Circuit · Dec 15, 1993

He alleged that when he was transferred to FCI Tucson from June 1991 to August 1992, prison officials denied him a vegetarian diet. 5 The district court entered summary judgment for Warden Crabtree based on qualified immunity … Corrothers, 827 F.2d 599, 602 (9th Cir.1987). 11 Even if a violation occurred, Warden Crabtree has qualified immunity because his conduct did "not violate clearly established statutory or constitutional rights of which a

Budnick v. Town of Carefree

518 F.3d 1109 · Court of Appeals for the Ninth Circuit · Mar 11, 2008

We hold that potential RAC residents do not presently qualify as disabled under the FHAA simply because some of them will become disabled as they age. … While the RAC was residential in some respects, when viewed as a whole, it was clearly a for-profit endeav- or with commercial elements.

Parks v. Watson

716 F.2d 646 · Court of Appeals for the Ninth Circuit · Sep 22, 1983

Antitrust Immunity 83 The City argues that even if the district court erred in concluding that Klamath lacked standing, the judgment should be affirmed on the ground that the City is immune from antitrust liability under … Doe, 457 U.S. at 215-16 , 102 S.Ct. at 2394 , and clearly it has done so in this case.

Kennewick Irrigation District v. United States of America, Kennewick Irrigation District Burlington Northern Railroad Company National Railroad Passenger Corporation v. United States of America, Kennewick Irrigation District v. United States

880 F.2d 1018 · Court of Appeals for the Ninth Circuit · Oct 23, 1989

The FTCA contains several exceptions, however, to this broad waiver of sovereign immunity. Berkovitz v. … Having held that we must remand the question, we "Clearly a decision to use the cheapest and easiest method in contravention of safety standards could not be a protected discretionary function, any more than the decision

United States v. Thaeeb Bay

748 F.2d 1344 · Court of Appeals for the Ninth Circuit · Mar 1, 1985

. *1346 Because the court would have allowed Bay to present the clearly relevant evidence of his tattoos only at the price of forgoing his Fifth Amendment right not to testify, we must apply the constitutional error standard … To do so would run counter to the established practice of trial courts and trial counsel: evidence submitted without objection is properly in the ease.

Horphag Research Ltd. v. Pellegrini

337 F.3d 1036 · Court of Appeals for the Ninth Circuit · May 9, 2003

To establish a trademark infringement claim under the Lanham Act, 15 U.S.C. §§ 1051-1127 (1999), a plaintiff must establish that the defendant is using a mark “confusingly similar” to the protectable trademark of the plaintiff … Therefore, Garcia’s use of the trademark plainly does not qualify for the classic fair use analysis.

The Arc of California v. Toby Douglas

757 F.3d 975 · Court of Appeals for the Ninth Circuit · Jun 30, 2014

California established under its Lanterman Act, Cal. Welf. & Inst. … United States exercised pendent jurisdiction over the district court’s denial of a motion to dismiss for failure to state a claim because that issue, like the qualified-immunity appeal over which we had primary jurisdiction

United States v. Redlightning

624 F.3d 1090 · Court of Appeals for the Ninth Circuit · Oct 25, 2010

Breen “is not qualified as an expert in these areas.” … Breen was not qualified to testify about the effects of a police interrogation but was qualified to testify about Redlightning’s mental con- dition due to his PTSD.

Mark Schwartz v. Clark County

Court of Appeals for the Ninth Circuit · Aug 26, 2019

The district court did not err in concluding that Schwartz’s supervisor, Jacqueline Holloway, was entitled to qualified immunity on Schwartz’s § 1983 claim, because Schwartz failed to carry his burden of showing that it … is clearly established that a county official violates an employee’s constitutional rights by manipulating job titles to affect the seniority of an employee for purpose of layoff decisions that are alleged to discriminate

Rodger M. Cripe Brad J. Martin James P. O'Keefe Thomas F. Palmer Vince Fearheiley Brian J. Arvin v. City of San Jose San Jose Police Officers Association, Brian J. Arvin Mercedes Helen Phillips v. City of San Jose San Jose Police Officers Association

261 F.3d 877 · Court of Appeals for the Ninth Circuit · Aug 17, 2001

The issue in this case is whether the City can establish a valid business necessity defense. … The statute clearly requires that qualified disabled persons be allowed to compete for and accept the available "positions" that they seek to obtain not simply that such qualified persons be given other"positions" that are

United States v. Ryan Michell

65 F.4th 411 · Court of Appeals for the Ninth Circuit · Feb 15, 2023

However, this contention contravenes clearly established Supreme Court and Ninth Circuit authority. 1 When an appellate court conducts plain-error review of a Rehaif error, any “argument that plain-error 1 Michell does … For all he knew as a layman, his maximum exposure was limited to “a mitigated sentence of one year,” which might not be a qualifying felon- in-possession predicate.

Klamath-Lake Pharmaceutical Association v. Klamath Medical Service Bureau

701 F.2d 1276 · Court of Appeals for the Ninth Circuit · Apr 1, 1983

At the same time, however, antitrust litigation, if made immune from summary judgment, could become an anticompetitive activity itself. … We did state that the "most obvious reason for rejecting a claim of immunity is the absence of any state law regulating the challenged activity." Id. at 452.

The Greyhound Corporation v. United States of America, Greyhound Lines, Inc. v. United States of America, United States of America v. Greyhound Lines, Inc., the Greyhound Corporation and Greyhound Lines, Inc., Plaintiffs-Cross-Appellants v. United States of America, Defendant-Cross-Appellee

495 F.2d 863 · Court of Appeals for the Ninth Circuit · Apr 11, 1974

Therefore, the criteria established in Public Service, while not absolutely controlling, is of great importance in arriving at our ultimate conclusion on whether the findings of the district court are clearly erroneous. … The nine criteria established in Public Service are outlined in the footnote. 3 16 Greyhound's own guidelines in distinguishing between its intercity runs and 'local' operations, established long before the decision in Public

United States v. Bertan-Manguia

Court of Appeals for the Ninth Circuit · Jun 6, 2007

which can, 5 Under Washington Revised Code section 9A.44.060(1), a person is guilty of third-degree rape if he engaged in sexual intercourse: “(a) [w]here the victim did not consent . . . and such lack of consent was clearly … The Oregon second-degree sexual abuse statute does not establish as a required element such communicative or suggestive acts. See also United States v.

Rosehedge Corporation v. Millie Sterett

274 F.2d 786 · Court of Appeals for the Ninth Circuit · Jan 28, 1960

As so ordered (and subject to the qualifying phrase, “upon such terms as the court shall hereafter approve”), it was a sale “free and clear of the liens set forth in the petition.” … The nature of the sale is dependent upon the intent of the parties, and this remains to be established factually.

Flores v. Meese

934 F.2d 991 · Court of Appeals for the Ninth Circuit · Sep 7, 1990

Such matters are so exclusively entrusted to the political branches of government as to be largely immune from judicial inquiry or interference." Id. at 588-89 , 72 S.Ct. at 518-19. … Hardwick clearly demonstrates that, in the area of substantive due process, the list of "fundamental rights" is to be construed narrowly.