Case law

Washington Department of Health v. the Geo Group, Inc.

Court of Appeals for the Ninth Circuit · Oct 23, 2025

These issues are relevant to GEO Group’s asserted defenses of derivative sovereign immunity and the direct-regulation theory of intergovernmental immunity. … Compliance with the relevant federal contract and policy, as well as state law, was clearly possible. See Fla. Lime & Avocado Growers, Inc. v. Paul, 373 U.S. 132, 143 (1963).

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).

Clark v. City of Los Angeles

803 F.2d 987 · Court of Appeals for the Ninth Circuit · Oct 29, 1986

The district court’s finding that plaintiffs were prevailing parties is not clearly erroneous. … Plaintiffs qualify as prevailing parties. II. The Fee Award A. Standard of Review A district court's award of attorney’s fees will not be disturbed absent an abuse of discretion. Harris v.

Gc Micro Corporation v. Defense Logistics Agency

33 F.3d 1109 · Court of Appeals for the Ninth Circuit · Aug 26, 1994

If an adequate factual basis was established, we then review the district court’s decision that the requested documents were properly exempted for clear error. Id. … We hold that the district court clearly erred in granting summary judgment in favor of the DLA. 6 *1116 II.

Perfect 10, Inc. v. Amazon

Court of Appeals for the Ninth Circuit · Dec 3, 2007

Perfect 10 claims that it sent qualifying notices to Google and Google did not act expeditiously to remove the infringing material. … The district court did not clearly err in concluding that Amazon.com lacked a direct financial interest in such activities.

United States v. Louis Joseph Marion Marvin Ives

574 F.2d 1002 · Court of Appeals for the Ninth Circuit · May 10, 1978

outside the standards set by Drope and de Kaplany, which require evaluation of all available pertinent information as a basis for establishing whether doubt of the defendant’s competency is sufficient to warrant a hearing … motion or upon a similar motion in behalf of the accused, or upon its own motion, the court shall cause the accused, whether or not previously admitted to bail, to be examined as to his mental condition by at least one qualified

State of Hawaii v. Donald Trump

878 F.3d 662 · Court of Appeals for the Ninth Circuit · Dec 22, 2017

Although the political branches’ power to exclude aliens is “largely immune from judicial control,” it is not entirely immune; such decisions are still subject to “narrow judicial review.” Fiallo v. … Establishment Clause Claim Plaintiffs argue that the Proclamation also violates the Establishment Clause of the United States Constitution.

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.

Jerry Stanley v. Kevin Chappell

764 F.3d 990 · Court of Appeals for the Ninth Circuit · Aug 13, 2014

CHAPPELL 7 and requiring that the documents in question be revealed does not qualify as an appealable collateral order under Cohen. Id. at 109. … United States District Court, 557 F.2d 650 (9th Cir. 1977), we established five guidelines to guide the inquiry whether mandamus is appropriate in a given case: whether (1) the petitioner has no other adequate means, such

Friend v. Kolodzieczak

65 F.3d 1514 · Court of Appeals for the Ninth Circuit · Sep 19, 1995

The record establishes that without this action defendants would not have developed the policy ultimately adopted in this case. … award analysis are clearly related. .

Lipscomb ex rel. DeFehr v. Simmons

884 F.2d 1242 · Court of Appeals for the Ninth Circuit · Sep 7, 1989

Children who are placed with relatives may qualify for federal assistance through Aid to Dependent Children. … The courts have clearly articulated the “special relationship” principle in cases involving prisoners.

United States v. Juan Castillo, Aka: Luis Hong Rojas, United States of America v. Antonio De La Renta

866 F.2d 1071 · Court of Appeals for the Ninth Circuit · Feb 1, 1989

The district court’s findings were not clearly erroneous. … Hodges, 770 F.2d 1475, 1478 (9th Cir.1985) (questions of credibility are generally immune from appellate review).

Burson v. State of Nev., Dept. of Human Resources, Welfare Div.

42 F.3d 1398 · Court of Appeals for the Ninth Circuit · Dec 6, 1994

II. 11 Burson argues that the individual defendants were not entitled to qualified immunity. Burson admits that if she has no Sec. 1983 claim, this issue is moot. … IV. 13 Finally, Burson argues that the State waived its immunity from suit.

United States v. Ariel Terry-Crespo

356 F.3d 1170 · Court of Appeals for the Ninth Circuit · Jan 29, 2004

We conclude that the district court did not clearly err in doing so. United States v. Morales, 252 F.3d 1070 (9th Cir.2001), is not to the contrary. … Section 166.220(l)(b) criminalizes shooting a firearm in the direction of a “building,” without qualifying it as “inhabited” or otherwise defining it.

Matthew Johnson v. Richard S. Schweiker, 1 Secretary of Health and Human Services

656 F.2d 424 · Court of Appeals for the Ninth Circuit · Sep 14, 1981

The presiding administrative law judge (ALJ) found that Johnson was not disabled and consequently did not qualify as an SSI recipient. … Unless it is clearly established by law or precedent that such factors constitute a disabling impairment, this Administrative Law Judge will hold that they do not.

Gallo Cattle Co. v. California Milk Advisory Board

185 F.3d 969 · Court of Appeals for the Ninth Circuit · Jul 14, 1999

The Agricultural Marketing Agreement Act of 1937 (“AMAA”) was enacted by Congress “to establish and maintain orderly marketing conditions and fair prices for agricultural commodities.” Id. at 2134. … This argument is clearly an admission that the milk producers are regulated to the same extent as, if not more than, the tree fruit growers in Wileman .

Boyd v. Newland

Court of Appeals for the Ninth Circuit · Jun 26, 2006

It also held that Petitioner “clearly did not establish a prima facie case of group discrimination, even under federal precedent.” … NEWLAND transcript does not run counter to clearly established federal law.

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.

Esther Barrows, as an Individual and as of the Last Will of E. A. Barrows, Deceased v. Walter J. Hickel, as Secretary of the Interior of the United States of America, United States of America v. The Estate of E. Arthur Barrows, Deceased

447 F.2d 80 · Court of Appeals for the Ninth Circuit · Sep 27, 1971

The record clearly establishes that the disputed Grout Creek deposit is a 'common varieties' deposit within the meaning of the Act. … But the Secretary did not base his decision on the notionthat the needs of the local market prior to 1955 were satisfied by large established operators.

United States v. John Richard Humphries

636 F.2d 1172 · Court of Appeals for the Ninth Circuit · Feb 6, 1981

Furthermore, just as Humphries is not immune from prosecution because of the initial illegal arrest, so too is he not immune from investigation merely because of the illegal arrest. … Clearly, then, the evidence presented to Judge Davies in the hearing on the Government’s motion did not merely duplicate that heard by Judge Muecke.