Case law

United States v. Thomas Tanke

743 F.3d 1296 · Court of Appeals for the Ninth Circuit · Mar 3, 2014

Thus, before proceeds of the fraud have been obtained, a mailing need only in some way further the scheme, as mailings designed to avoid detection or responsibility clearly do. … Such line-drawing immunity is inconsistent with our case law. See United States 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

Salmeron v. United States

724 F.2d 1357 · Court of Appeals for the Ninth Circuit · Dec 28, 1983

It has long been established that the court in which a minor's claims are being litigated has a duty to protect the minor's interests. See, e.g., Thompson v. … Nor do we address the issue of what effect, if any, the doctrines of absolute and qualified immunity might have on the claims against the various government officials in this case.

Sauer v. United States Department of Education

668 F.3d 644 · Court of Appeals for the Ninth Circuit · Feb 3, 2012

Here, the Act does not clearly require participating states to sue federal agencies that refuse to comply with an arbitration award, and therefore we cannot say that a state licensing agency participating in the Randolph-Sheppard … Specifically, we held that the state licensing agency had waived its sovereign immunity by agreeing to participate in the Randolph-Sheppard program and that the arbitration panel was authorized to award compensatory damages

Victor Herrera-Diaz, a Minor, by and Through His Guardian, Janet Mary Herrera-Diaz v. United States of America, Department of the Navy

845 F.2d 1534 · Court of Appeals for the Ninth Circuit · May 4, 1988

Our court rejected Davis’s argument that the action should not accrue until he had reason to believe that the United States had been negligent in approving the particular batch of the vaccine from which he had been immunized … As in Kubrick , the plaintiff in Davis clearly was armed with the critical facts about his injury and could reasonably be expected to inquire about whether and whom to sue. Davis, 642 F.2d at 331 .

Marvin Horne v. Agri

Court of Appeals for the Ninth Circuit · Jul 25, 2011

Certainly, that government action is authorized does not immunize it from a takings claim; indeed, the Takings Clause presupposes that the government has taken lawfully. … See 7 U.S.C. § 608c(14)(B) (immunizing from civil pen- alty any handler who “in good faith and not for delay” files and prosecutes a qualifying administrative petition).

Hurley v. State of Oregon

27 F.3d 392 · Court of Appeals for the Ninth Circuit · Jun 17, 1994

However, under no circumstances can an amount established for one pay period only qualify as salary under the "regularly received each pay period" standard. 14 Here, the "predetermined amount" (i.e., the amount that was " … The evidence clearly shows that the penalties were in fact disciplinary reductions. First, the Manual permitted the police to impose "economic sanctions" for violations of rules.

United States v. Xochitl Cisneros-Rodriguez

813 F.3d 748 · Court of Appeals for the Ninth Circuit · Dec 23, 2015

Congress’s purpose in establishing the U-visa was to protect “[a]ll women and children who are victims of [qualifying] crimes,” not merely those who have information or assistance to provide regarding high-profile crimes. … The reply brief repeats this argument, stating the district court “credited Agent Linares’ testimony” and relied on “clearly erroneous factual findings” in concluding Agent Linares properly advised Cisneros of her rights.

United States v. Buenaventura Castillo-Basa

483 F.3d 890 · Court of Appeals for the Ninth Circuit · Apr 24, 2007

Dis. op. at 906 (emphasis removed). 15 Our ruling establishes no such automatic immunity. … Such a rehashing of evidence previously presented would clearly be prohibited by the collateral estoppel doctrine.”

William Francis Rupp v. Harley O. Teets, as Warden of the California State Prison at San Quentin, California

235 F.2d 674 · Court of Appeals for the Ninth Circuit · Nov 5, 1956

It appears to have had clearly in mind the distinctions laid down in the Wells case and announced that it would rule accordingly. 3 The court admitted m evidence, as a part of the testimony of qualified experts, the records … On occasions the doctors insisted upon qualifying their answers to such a degree that they were not responsive, and those answers were stricken by the court.

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

Jose Arteaga-Ruiz v. United States

705 F. App'x 597 · Court of Appeals for the Ninth Circuit · Dec 1, 2017

Under this exception, the United States retains its sovereign immunity for acts that were (1) discretionary and (2) based on considerations of public policy. Berkovitz v. … We are troubled by the facts of this case, especially given how much of the information needed to establish that Arteaga- Ruiz was a citizen was in the possession of the agents.

Phillips v. Ornoski

Court of Appeals for the Ninth Circuit · May 25, 2012

Colman’s Immunity Agreement The principal undisclosed benefit that Colman received for her testimony flowed from an immunity agreement struck between Minier and her trial lawyer, Cassandra Dunn, on Col- man’s behalf. … ORNOSKI [12] That such an offer was extended was indisputably evi- dence “favorable to the accused . . . because it is impeaching,” and was clearly subject to the duty of disclosure established in Brady.

Ann E. Waters v. John W. Gardner, Secretary of Health, Education and Welfare of the United States of America

452 F.2d 855 · Court of Appeals for the Ninth Circuit · Dec 17, 1971

that her potential difficulty in obtaining new employment established the presence of compensable disability. … Appellant’s contention that the 1967 amendments do not apply to her case is clearly incorrect.

Nena W. RODRIGUEZ, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee

876 F.2d 759 · Court of Appeals for the Ninth Circuit · May 30, 1989

DISCUSSION I For Rodriguez to qualify for Social Security disability benefits, she must establish that her physical impairments prevent her from engaging in substantial gainful activity. 42 U.S.C. § 423 (d)(1)(A) (Supp. 1988 … As we have already discussed, and as our case law clearly establishes, this is not sufficient.

Detrich v. Ryan

677 F.3d 958 · Court of Appeals for the Ninth Circuit · May 2, 2012

However, we can also consider circuit precedent in assessing what constitutes “clearly established” Supreme Court law and whether the state court applied that law unreasonably. Clark v. … See Terry Williams, 529 U.S. at 391 , 120 S.Ct. 1495 (“It is past question that the rule set forth in Strickland qualifies as ‘clearly established Federal law, as determined by the Supreme Court of the United States.’”).

Maria Rodriguez-Tornes v. Merrick Garland

993 F.3d 743 · Court of Appeals for the Ninth Circuit · Apr 5, 2021

“To establish the necessary  ROGRIGUEZ TORNES V. … Like the Third Circuit, we have “little doubt that feminism qualifies as a political opinion within the meaning of the relevant statutes.” Fatin v.

United States v. SDI Future Health, Inc.

568 F.3d 684 · Court of Appeals for the Ninth Circuit · Jun 1, 2009

Its wrongs are not his wrongs; its immunity is not his immunity. Hill v. United States, 374 F.2d 871, 873 (9th Cir.1967) (quoting Lagow v. United States, 159 F.2d 245, 246 (2d Cir.1946) (per curiam)). 6 . … United States, 875 F.2d 747, 751 (9th Cir. 1989) ("[T]o qualify ... the government must make the required showing in obtaining the search warrant.”); see also United States v.

Poolaw v. Bishop

67 F.3d 830 · Court of Appeals for the Ninth Circuit · Oct 4, 1995

Thus, "the Act's mandate for a free appropriate public education qualifies and limits its mandate for education in the regular classroom." … This finding is adequately supported by the record and we conclude that it is not clearly erroneous.

Sabil M. Mujahid, AKA Terry Smith v. Tera Harper, Chairman Jeffrey Tom, Chairperson Allan Anduha, Lt., Chairperson

19 F.3d 28 · Court of Appeals for the Ninth Circuit · Feb 1, 1994

We agree. 20 Government officials who perform discretionary functions are entitled to immunity from damages suits when "their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Gillespie, 932 F.2d 816, 818 (9th Cir.1991) (noting that qualified immunity does not bar actions for declaratory or injunctive relief).