Case law

Janet Planells, Antolin Marenco by and Through His Guardian Ad Litem v. San Francisco Unified School District, Board of Education of the San Francisco Unified School District, and Ramon Cortines, Superintendent of Schools, Individually and in His Official Capacity

978 F.2d 715 · Court of Appeals for the Ninth Circuit · Dec 30, 1992

The district court ruled further that the claims against Superintendent Cortines for actions taken in his individual capacity were barred by the doctrine of qualified immunity. … The district court dismissed the claims against Cortines in his individual capacity on qualified immunity grounds. Appellants appealed this ruling.

Ronnie G. Robins v. Mike Harum, Joe Collins as Sheriff of Chelan County Washington, and Chelan County, a Washington Municipal Corporation, Connie Wallis-Robins v. James Harum, Joe Collins as Sheriff of Chelan County Washington, and Chelan County, a Washington Municipal Corporation

773 F.2d 1004 · Court of Appeals for the Ninth Circuit · Oct 3, 1985

Doe, 740 F.2d 322, 326 (5th Cir.1984) ("To hold Parratt applicable to the alleged fourth amendment violation in the present case [unreasonable seizure] would be to write Monroe out of existence, a result clearly not intended … Younger, this court held that conduct which occurs pursuant to an established institutional practice is not subject to the Parratt analysis because it is not random or unauthorized.

Lopez v. Pacific Maritime Ass'n

657 F.3d 762 · Court of Appeals for the Ninth Circuit · Sep 21, 2011

Here, for example, had Plaintiff applied for the first time in 2004, he would qualify for employment despite his status as a recovering addict. … The district court was clearly aware of Lopez’s § 12112(b)(6) argument. Second, although Lopez cited to Watson v.

In Re Samuel G. Bialac, Debtor. Harsh Investment Corp. And Harsh Building Co. v. Samuel G. Bialac, in Re James T. Bialac, Debtor. Harsh Investment Corp. v. James T. Bialac

712 F.2d 426 · Court of Appeals for the Ninth Circuit · Aug 4, 1983

The right was qualified. James was only given sixty days within which to pay the $460,000 due under the judgment. … Redemption can be had only by satisfying "all" obligations, which clearly implicates the obligations of co-debtors.

Abufayad v. Holder

632 F.3d 623 · Court of Appeals for the Ninth Circuit · Feb 16, 2011

He also seeks review of the BIA’s determination that he does not qualify for a grant of protection under the Convention Against Torture (“CAT”) based on his fear of being mistreated upon returning to Palestine as a consequence … III An applicant for admission in a removal proceeding carries the burden to establish that he “is clearly and beyond a doubt entitled to be admitted and is not inadmissible under section 1182 of this title.” 8 U.S.C.

Gilbert Gonzales v. Police Department, City of San Jose, California

901 F.2d 758 · Court of Appeals for the Ninth Circuit · Apr 18, 1990

In 1977, the Department switched from the “Rule of 3” to the “Rule of 10,” a policy change designed to open up more positions to qualified minorities and women candidates. … Gonzales also introduced evidence to establish that the negative information the command staff had about him was false.

Obrey v. Johnson

Court of Appeals for the Ninth Circuit · Mar 3, 2005

He had to establish, by a prepon- 2614 OBREY v. … Nevertheless, none of the testimony that the appellant attempted to offer into evidence so clearly involved delay that was “undue” or a “waste of time” or was cumulative of other evidence that it was excludable.

Edward Ashton v. Kenneth Cory

780 F.2d 816 · Court of Appeals for the Ninth Circuit · Jan 16, 1986

CLVT established a vacation fund for eligible employees. The fund is an “employee welfare benefit plan,” within the meaning of ERISA § 3(1), 29 U.S.C. § 1002 (1) (1982). … Congress, however, was clearly aware that most states have similar statutes, S.Rep. No. 1035, 75th Cong., 1st Sess. 1-2 (1937); H.R.Rep.

United States v. Creighton

52 F. App'x 31 · Court of Appeals for the Ninth Circuit · Dec 2, 2002

In determining that Creighton qualified for an aggravating role adjustment, the District Court stated only that “the more credible evidence supports the probation report.” … “clearly demonstrates acceptance of responsibility for his offense.”

Community House, Inc. v. City of Boise, Idaho

468 F.3d 1118 · Court of Appeals for the Ninth Circuit · Nov 8, 2006

The district court “necessarily abuses its discretion when it bases its decision on an erroneous legal standard or on clearly erroneous findings of fact.” Rucker v. … To establish such a prima facie case, the plaintiffs must show (1) that they are members of a protected class, (2) that applied for and were qualified for shelter at Community House, (3) that they were rejected, and (4) that

United States v. Al Nasser

555 F.3d 722 · Court of Appeals for the Ninth Circuit · Feb 4, 2009

That testimony established an issue of fact as to whether the Border Patrol agents did or did not tell A1 Nasser to stop. … The district court’s choice of one of the two plausible accounts was not clearly erroneous. 19 B. A Voluntary Stop Is Not a Seizure.

Burlington Northern Santa Fe Railway Co. v. International Brotherhood of Teamsters

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

As established above, the Norris-LaGuardia Act’s jurisdictional bar is applicable only if a case “involv[es] or grow[s] out of a labor dispute.” … Labor policy clearly does not require, however, that a union have freedom to impose direct restraints on competition among those who employ its members.

United States v. Occidental Life Insurance Company of California, a California Corporation

385 F.2d 1 · Court of Appeals for the Ninth Circuit · Oct 26, 1967

In contrast, insurance companies which did not qualify as life insurance companies were not entitled to the reserve and other policy liability deduction. … The context of the use of the term in section 832 is clearly distinguishable from that in section 806.

United States v. Hemant Patel, Raoji Patel, Bridgewater Development Co., and Pacific Food Beverages, Inc.

762 F.2d 784 · Court of Appeals for the Ninth Circuit · Jun 28, 1985

Nonetheless, since the court did not take such notice, and did instruct the jury of its duty to find the fact, we examine and conclude that the fact was established. 8 . … The defense theory was that the importation was not unlawful because appellants properly qualified the coffee as a product of Guam, and therefore, Headnote 3(a) exempted the coffee from any ICA quota.

Woolard v. Thurmond

Court of Appeals for the Ninth Circuit · Sep 11, 2025

The panel held that a public school’s curriculum qualifies as government speech and therefore is not subject to scrutiny under the Free Speech Clause. 4 WOOLARD V. … California does not extend governmental immunity to charter schools, see Wells v.

Nile T. Deland v. Old Republic Life Insurance Company

758 F.2d 1331 · Court of Appeals for the Ninth Circuit · Apr 24, 1985

The pretrial memoranda filed by both parties establish that the language of the policy and the representations of the insurer were virtually undisputed. … First, the correspondence was clearly relevant under Fed.R.Evid. 402 with respect to DeLand’s reasonable expectation of coverage and his claim that Old Republic had denied coverage in bad faith.

Jessie Aromin Deloso v. John Ashcroft, Attorney General

378 F.3d 907 · Court of Appeals for the Ninth Circuit · Aug 2, 2004

An applicant may also qualify for asylum by actually showing a well-founded fear of future persecution, again on account of a protected ground. 8 C.F.R. § 208.13 (b)(2). … First, Deloso clearly established that he had a political opinion and that his persecutors would have been aware of it. See Sangha, 103 F.3d at 1488 .

Esther Josephine Bunuan Agbuya v. Immigration and Naturalization Service

241 F.3d 1224 · Court of Appeals for the Ninth Circuit · Mar 12, 2001

Evidence of past persecution alone can establish a well-founded fear. See id. Establishing past persecution triggers a rebuttable presumption of a well-founded fear of future persecution. … We believe that the record clearly establishes that while Agbu-ya’s initial threats by Benguet miners were economically motivated, the NPA’s later involvement on behalf of its laborers and in furtherance of its own egalitarian

Oregon Coast Scenic Railroad v. Oregon Department of State Lands

841 F.3d 1069 · Court of Appeals for the Ninth Circuit · Nov 23, 2016

In this context, “[a]n abuse of discretion will be found if the district court based its decision ‘on an erroneous legal standard or clearly erroneous finding of fact.’” … Because the repair work also qualifies as “transportation by rail carrier,” as discussed above, we conclude that it falls within the Board’s jurisdiction under 49 U.S.C. § 10501(a).

William Bown v. Brent Reinke

Court of Appeals for the Ninth Circuit · May 8, 2018

Therefore, Seigert is not protected by qualified immunity. 5. … Therefore, these Defendants are protected by qualified immunity.