Case law

Brewer v. Lewis

989 F.2d 1021 · Court of Appeals for the Ninth Circuit · Mar 2, 1993

Arkansas, 495 U.S. 149 , 110 S.Ct. 1717 , 109 L.Ed.2d 135 (1990), that the "burden is on the 'next friend' clearly to establish the propriety of his status and thereby justify the jurisdiction of the court." … Brewer failed to clearly establish her standing, because the record shows that she did not provide the meaningful evidence which Whitmore and Baal demand.

Mendoza v. Carey

Court of Appeals for the Ninth Circuit · Jun 7, 2006

established by the Supreme Court. … Espitia8 that there is no right clearly established by a Supreme Court decision to access to a law library at all, let alone one in Spanish.

Robert Lee Korte v. United States

260 F.2d 633 · Court of Appeals for the Ninth Circuit · Jan 12, 1959

First, an examination of the Act leaves no doubt that those classes *636 of citizens entitled to exemption from service have been clearly, precisely and affirmatively set forth in the Act in the various subdivisions of Sec … In response to a question as to whether it was the intent of the bill to give those persons a chance to fight if qualified, Mr.

Sofie Karasek v. University of California

956 F.3d 1093 · Court of Appeals for the Ninth Circuit · Apr 20, 2020

Rather, “the recipient must merely respond . . . in a manner that is not clearly unreasonable.” Id. at 649. … All we must decide is whether UC’s conduct qualifies as deliberate indifference under that standard. Meritor is inapposite, and the DCL does not control our inquiry here. See Gebser, 524 U.S. at 291–92.

Larez v. City of Los Angeles

946 F.2d 630 · Court of Appeals for the Ninth Circuit · Sep 27, 1991

“In many cases, the complaint will not clearly specify whether officials are sued personally, in their official capacity, or both. … Fourth, Gates requested, and received, jury instructions on qualified immunity. Such an immunity is only a defense in an individual capacity suit. Graham, 473 U.S. at 166-67 , 105 S.Ct. at 3105-06 .

Margarita Vejo v. Portland Public Schools

Court of Appeals for the Ninth Circuit · Jun 6, 2018

Because Vejo has failed to show an equal protection violation, Callin is entitled to qualified immunity. See Pearson v. Callahan, 555 U.S. 223, 232 (2009). … Roberta Cooper The district court also erred in denying Defendants’ motion for summary judgment on the basis of qualified immunity as to Cooper.

Mccalden v. California Library Association

955 F.2d 1214 · Court of Appeals for the Ninth Circuit · Jan 24, 1992

Nor does the fact that appellees were politically motivated immunize them from liability if they in fact engaged in threats of violence. … allegations clearly link the alleged threat to an intent to disrupt [the plaintiff's] exhibit and program."

United States v. Hernandez-Garcia

97 F. App'x 119 · Court of Appeals for the Ninth Circuit · May 3, 2004

Therefore, it does not categorically qualify as a crime of violence. … Hernandez-Garcia’s plea agreement to the § 2800.2 charge establishes that he was convicted of behavior which qualifies as a crime of violence.

Barker v. Fleming

Court of Appeals for the Ninth Circuit · Sep 7, 2005

FLEMING cantly, the text refers to “a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law.” Id. (emphasis added). … “CONTRARY TO CLEARLY ESTABLISHED FEDERAL LAW” [1] Supreme Court holdings at the time of the state court’s last reasoned decision are the source of clearly established Federal law for the purposes of AEDPA.

16 Fair empl.prac.cas. 396, 15 Empl. Prac. Dec. P 8046 Van Davis v. County of Los Angeles, Etc., Van Davis v. County of Los Angeles, Etc.

566 F.2d 1334 · Court of Appeals for the Ninth Circuit · Jan 30, 1978

The primary controversy in Washington involved the validity of a qualifying test— “Test 21” — administered to persons seeking employment with the D.C. Metropolitan Police Department. … The language used by the Court clearly indicates that Part II of the opinion was directed solely toward claims of unconstitutional employment discrimination.

Helen Phillips v. Alaska Hotel And Restaurant Employees Pension Fund

944 F.2d 509 · Court of Appeals for the Ninth Circuit · Dec 6, 1991

When this lawsuit was initiated in 1986, 2.67 percent of the Fund's 58,042 participants had qualified for benefits. … It simply granted full vesting from the date of judgment to those class members who qualified under the new rules.

Qi Cui v. Mukasey

538 F.3d 1289 · Court of Appeals for the Ninth Circuit · Aug 19, 2008

DISCUSSION For almost all types of relief from removal, a fingerprint check is required to establish that the applicant has not been convicted of particular classes of crimes, and that she is not otherwise inadmissible or … If, instead, the IJ had decided that Cui did not qualify for relief after hearing the merits of her claims, he could have denied relief immediately.

29 Fair empl.prac.cas. 1473, 30 Empl. Prac. Dec. P 33,064 the Officers for Justice, and Jesse J. Byrd v. The Civil Service Commission of the City and County of San Francisco, United States of America v. The City and County of San Francisco

688 F.2d 615 · Court of Appeals for the Ninth Circuit · Sep 21, 1982

At this stage of the proceedings, that is clearly his burden to carry. … Although the question remained open in this circuit for a short while, our recent decisions clearly establish that proof of intent is required for employment discrimination claims brought pursuant to 42 U.S.C. § 1981 .

Leavitt v. Arave

383 F.3d 809 · Court of Appeals for the Ninth Circuit · Sep 7, 2004

However, we have held that “circuit court holdings suffice to create a ‘clearly established’ rule of law under Teague.” Belmontes v. Woodford, 350 F.3d 861, 884 (9th Cir.2003) (citing Bell). … Sanchez-Cervantes, 282 F.3d 664 , 669 n. 23 (9th Cir.2002) (“[T]he Supreme Court has not found any rule to qualify under the second exception *826 since Teague came out.”). But cf.

Nicole Bradley v. Gloria Henry, Warden

428 F.3d 811 · Court of Appeals for the Ninth Circuit · Oct 17, 2005

established federal law as declared by the United States Supreme Court, 28 U.S.C. § 2254 (d); Lockyer v. … The judge was also influenced by the fact that Andrian was court-appointed, had the assistance of well-qualified staff, and was prepared to try the case when set.

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

844 F.2d 1379 · Court of Appeals for the Ninth Circuit · Apr 22, 1988

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).

Gonzales v. Battelle Energy Alliance, LLC

Court of Appeals for the Ninth Circuit · Apr 16, 2026

The advanced readiness standard includes a one-mile run with a qualifying time of 8 minutes 30 seconds, and, from a prone position, a 40-yard dash in 8.0 seconds or less. Id. § 1046.16(d)(3). … BATTELLE ENERGY ALLIANCE, LLC claims that require review of “whether the plaintiff’s continued access to classified information was clearly consistent with national security”).

United States v. Ortiz-Hernandez

427 F.3d 567 · Court of Appeals for the Ninth Circuit · Oct 26, 2005

under formal arrest, the evidence was insufficient to establish probable cause. … The Supreme Court has clearly articulated the rule: When it comes to identity evidence, no distinction between criminal and civil proceedings shall be made.

Rendish v. City of Tacoma

123 F.3d 1216 · Court of Appeals for the Ninth Circuit · Aug 20, 1997

We will reverse for abuse of discretion if the decision is premised on an erroneous legal standard or clearly erroneous finding of fact, or if the court misapplied the law on the underlying issues. Id. DISCUSSION I. … In holding that the Petition Clause does not provide absolute immunity for a defendant’s libel which was expressed in letters to the President, the Court explained: The Petition Clause ... was inspired by the same ideals

Ronald L. Durkin, Trustee of the Benchmark Irrevocable Trust v. Shea & Gould Sheldon Camhy, Ronald L. Durkin v. Milberg, Weiss, Bershad, Hynes & Lerach

92 F.3d 1510 · Court of Appeals for the Ninth Circuit · Aug 19, 1996

Vitalink Communications Corp., 17 F.3d 1553, 1557-58 (3d Cir.), cert. denied, 513 U.S. 986 , 115 S.Ct. 480 , 130 L.Ed.2d 393 (1994), but here Durkin is clearly not bringing a subsequent derivative action. … (adopting district court's opinion), cert. denied, 454 U.S. 1126 , 102 S.Ct. 976 , 71 L.Ed.2d 113 (1981), is misplaced because Valerio is clearly distinguishable.