Case law

United States v. Richard Frederick Ross

468 F.2d 1213 · Court of Appeals for the Ninth Circuit · Oct 26, 1972

It is well established that jury pools are not required to be a mirror image of the community. Swain v. Alabama, 1964, 380 U.S. 202, 208 , 85 S.Ct. 824 , 13 L.Ed.2d 759 . … As we observed above, there is no evidence that young people are inhibited from registering to vote, which is all that they need to do to qualify for jury service.

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.

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."

FRUIT GROWERS'SUPPLY CO. v. Commissioner of Int. Rev.

56 F.2d 90 · Court of Appeals for the Ninth Circuit · Mar 7, 1932

Thus, if by statutory requirement all officers of an association must be stockholders, the ownership of a share of stock by a nonprodueer to qualify him as an officer will not destroy the association’s exemption. … If this profit were used for the payment of dividends to the stockholders or members in proportion to their capital stock, it would clearly be income to the corporation.

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.

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.

Robert E. Morgan v. United States of America, (Two Cases)

380 F.2d 686 · Court of Appeals for the Ninth Circuit · Aug 23, 1967

These facts clearly establish that the Form 1040A was “made” in Represa, filed and processed in San Francisco, that the refund check was issued and mailed there. … Michelson’s plea (R.T. pp. 155-185) to determine if he had been given any immunity or reward, or promise of immunity or reward. The court found he had not.

Webb v. Lewis

44 F.3d 1387 · Court of Appeals for the Ninth Circuit · Aug 24, 1994

However, contrary to Swan , the majority establishes a bright-line rule that only language inappropriate for a child of similar age indicates reliability. … Proctor’s gratuitous negative comments about Webb were clearly improper. They had the capacity to color Heather’s following statements.

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.

James Chadam v. Palo Alto Unified Sch. Dist.

666 F. App'x 615 · Court of Appeals for the Ninth Circuit · Nov 15, 2016

Accordingly, the alleged facts do not establish a “direct threat” defense. The district court also erred in concluding that the complaint failed to allege sufficient facts to support the requisite intent. … However, California public school districts are immune from suit under § 1983 because California public school districts are state agencies for Eleventh 5 Amendment purposes

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 .

United States v. Dwain Knigge

832 F.2d 1100 · Court of Appeals for the Ninth Circuit · May 18, 1988

So in this case the statements of Badger and Brownfield are both qualified by the circumstances in which they were made and draw value from the circumstances. … The hearsay rule does not apply to evidence offered “to establish a foundation for later showing, through other admissible evidence that it was false.” Anderson v.

United States v. Garcia

700 F. App'x 639 · Court of Appeals for the Ninth Circuit · Jun 30, 2017

The court did not clearly err in finding that Garcia voluntarily consented to the search of his Nissan. See United States v. … The district court did not clearly err, United States v.

Nicole Bradley v. Gloria Henry, Warden

413 F.3d 961 · Court of Appeals for the Ninth Circuit · Jun 22, 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.

Rural Alaska Community Action Program v. Smith

847 F.2d 535 · Court of Appeals for the Ninth Circuit · May 23, 1988

Appellees contend that Alaska’s interpretation of the statute must be upheld unless it is clearly erroneous. … § 9903 (c). . 45 C.F.R. § 96.50 (1987) provides, in pertinent part: (a) This section applies to any complaint ... that a State has failed to use its allotment under a block grant in accordance with the terms of the act establishing

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).

Ellis v. Newland

23 F. App'x 734 · Court of Appeals for the Ninth Circuit · Nov 26, 2001

The prosecutor’s reason for challenge qualifies as a legitimate reason under Purkett v. Elem, 514 U.S. 765, 769 , 115 S.Ct. 1769 , 131 L.Ed.2d 834 (1995). … It would have only been collaterally probative by casting doubt on Cornish’s credibility, but no direct relevance would be established to this case.

John R. Ulrich, Jr., M.D. v. City and County of San Francisco Laguna Honda Hospital Maria v. Rivero, M.D. Theresa Berta, M.D. Melissa Welch, M.D.

308 F.3d 968 · Court of Appeals for the Ninth Circuit · Oct 11, 2002

Ulrich concedes that he cannot establish municipal liability through this route. … Ulrich clearly argued that the deprivation of his rights was caused in large part by Dr.