Case law
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Court of Appeals for the Ninth Circuit · Jul 12, 2018
An offense qualifies as a “crime of violence” if it is covered by either clause. … We do not view the reasoning of Beckles as “clearly irreconcilable” with our prior circuit authority, and we therefore remain bound by that authority. See Miller v.
Cited 0 timesPublishedCourt of Appeals for the Ninth Circuit · Aug 10, 2006
Placer County, 405 F.3d 778, 782 (9th Cir.), amended by 418 F.3d 966 (9th Cir. 2005) (refusing to grant an officer qualified immunity because “[t]he plaintiffs’ established civil rights were violated by presentation of [a … Particularity is the requirement that the warrant must clearly state what is sought.
Cited 0 timesPublishedOsu Student Alliance v. Ed Ray
Court of Appeals for the Ninth Circuit · Oct 23, 2012
Clearly there was no urgency and no rea- son to junk the bins instead of directing plaintiffs to remove them. … RAY (hence, the qualified immunity defense), but they do intend to take the violative action. Thus, before Iqbal, fixing the mental state requirement for a particular constitutional provision was most often unnecessary.
Cited 0 timesPublished656 F.2d 1267 · Court of Appeals for the Ninth Circuit · Sep 14, 1981
was not clearly erroneous. … Rather, the civil service examination, as required by the City charter, ranks the applicants so that only the best qualified are hired.
Cited 2 timesPublishedMark J. Abrams v. City Of Rancho Palos Verdes
354 F.3d 1094 · Court of Appeals for the Ninth Circuit · Jan 15, 2004
that: 8 Every person who, under color of any statute, ordinance, regulation, custom, or usage ... subjects, or causes to be subjected, any citizen of the United States... to the deprivation of any rights, privileges, or immunities … The underlying statute established an elaborate procedural scheme and provided the reviewing court with authority to grant appropriate relief. 25 This court held that the rights granting statute's "complex provisions ...
Cited 2 timesPublishedMichael P. v. Department of Education
656 F.3d 1057 · Court of Appeals for the Ninth Circuit · Sep 8, 2011
But what does that establish? Hawaii’s statewide system existed long before the federal statute and regulations were amended in 2004 and 2006, so it obviously wasn’t set up to evade those enactments. … His conclusions that Courtney did not show a need for special education and services, Haw.Code R. § 8-56-15, and that she did not qualify for special education under the specific learning disability category, Haw.Code R.
Cited 19 timesPublished820 F.3d 1049 · Court of Appeals for the Ninth Circuit · Apr 20, 2016
In our first step, we consider whether the alleged crime is sufficiently “serious” to establish an important governmental interest. See United States v. … This second step requires measuring any mitigating circumstances against the established government interest. See, e.g., United States v.
Cited 12 timesPublishedUnited States v. Pascual Dionicio Jeronimo
398 F.3d 1149 · Court of Appeals for the Ninth Circuit · Feb 23, 2005
Rule 11 was amended in December of 2002. 2 There are a few well-established exceptions to appeal waivers under our case law. … Previously, Jeronimo was convicted of Assault II, which qualifies as a "crime of violence," see id. § 4B1.2(a), and "Delivery of a Controlled Substance," which qualifies as a "controlled substance offense," see id. § 4B1.2
Overruled on other grounds by United States v. Jacobo Castillo, 496 F.3d 947 (2007)Cited 265 timesPublished316 F. App'x 558 · Court of Appeals for the Ninth Circuit · Nov 18, 2008
Claiborne, 765 F.2d 784, 798 (9th Cir.1985) (reliance on a qualified tax accountant must be in good faith), abrogated on other grounds by Ross v. Oklahoma, 487 U.S. 81 , 108 S.Ct. 2273 , 101 L.Ed.2d 80 (1988). … Creasia’s contention that the district court impermissibly shifted the burden to Creasia to prove his innocence fails because it was his burden to establish that the indictment against him should be dismissed for lack of
Cited 0 timesPublishedNelson Andrade-Garcia v. Loretta E. Lynch
820 F.3d 1076 · Court of Appeals for the Ninth Circuit · Apr 29, 2016
The Supreme Court has “long recognized the power to expel or exclude aliens as a fundamental sovereign attribute exercised by the Government’s political departments largely immune from judicial control.” Fiallo v. … Gonzales, 443 F.3d 1069, 1082 (9th Cir. 2006) (“[I]mmigration officials clearly have the authority to deny parole to unadmitted aliens if they can advance a facially legitimate and bona fide reason for doing so.”
Cited 3 timesPublishedCalifornia Pharmacists Assoc. v. David Maxwell -Jolly
Court of Appeals for the Ninth Circuit · Apr 6, 2009
A district court abuses its discre- tion in denying a request for a preliminary injunction if it “base[s] its decision on an erroneous legal standard or clearly erroneous findings of fact.” Id. (citation omitted). … The Supreme Court “repeatedly has recognized that such [direct economic] injuries establish the threshold require- ments” of Article III standing. . . .
Cited 0 timesPublishedUnited States v. Venancio Rojas-Pedroza
716 F.3d 1253 · Court of Appeals for the Ninth Circuit · May 28, 2013
“In rare situations a defendant may clearly demonstrate an acceptance of responsibility for 32 UNITED STATES V . … Rojas argues that the district court clearly erred in finding that this part of his trial strategy weighed against acceptance of responsibility.
Overruled on other grounds by United States v. Praxedis Portillo-Gonzalez, 80 F.4th 910 (2023)Cited 82 timesPublishedDavid D. MINIER, Plaintiff-Appellant, v. CENTRAL INTELLIGENCE AGENCY, Defendant-Appellee
88 F.3d 796 · Court of Appeals for the Ninth Circuit · Jul 8, 1996
The CIA contends that the requested information is exempted under 50 U.S.C. §§ 403-3 (c)(5) 7 and 403g. 8 Both statutes clearly identify the types of material to be withheld under their scope as required by 5 U.S.C. § 552 … (b)(3), and therefore qualify as FOIA exemptions.
Cited 120 timesPublishedCourt of Appeals for the Ninth Circuit · Dec 15, 2020
We also agree with the district court that even assuming such a violation, Officers Hilton and Smith are entitled to qualified immunity because Tate has not identified case law or otherwise shown that there was a “clearly … established” right of which a reasonable person would have known.
Cited 0 timesUnpublishedM. D. Rutledge v. Electric Hose & Rubber Company
511 F.2d 668 · Court of Appeals for the Ninth Circuit · Mar 3, 1975
Clearly no abuse of judicial discretion occurred in the denial of the Rule 6(b) motion. … The record fully supports that conclusion, and the proffered former testimony clearly does not qualify for admission in evidence under § 1291(a)(2).
Cited 141 timesPublishedUnited States v. Carl Martin Brandenfels
522 F.2d 1259 · Court of Appeals for the Ninth Circuit · Aug 13, 1975
He testified that Grove had previously told him that he (Grove) had established a $1,000,000 line of credit for Brandenfels through a concern called Western Investors. … As a consequence, Chambers is clearly distinguishable from this case.
Cited 13 timesPublished596 F.3d 620 · Court of Appeals for the Ninth Circuit · Feb 25, 2010
, or 2) extends or fails to extend a clearly established legal principle to a new context in a way that is objectively unreasonable.” … When evaluated against clearly established Supreme Court precedent, the Miranda warnings were constitutionally deficient. At a minimum, Doody was never clearly and reasonably informed that he had the right to counsel.
Vacated on other grounds by Ryan v. Doody, 178 L. Ed. 2d 282 (2010)Cited 18 timesPublishedCourt of Appeals for the Ninth Circuit · Aug 23, 2022
immunity, because it would not have been clear to every reasonable prison official that enacting a policy that established a review process that may delay receipt of publications would violate clearly established law. … al-Kidd, 563 U.S. 731, 735 (2011) (explaining two-part test for qualified immunity); Crofton v.
Cited 0 timesUnpublishedFed. Sec. L. Rep. P 97,588 Securities and Exchange Commission v. Stephen Murphy
626 F.2d 633 · Court of Appeals for the Ninth Circuit · Sep 26, 1980
Murphy merely stated that Intertie relied on ISC to qualify the investors, but he did not produce evidence suggesting that ISC actually took any such steps. … The critical question, however, is not whether a court may issue a permanent injunction on summary judgment without hearing testimonial evidence, but whether the SEC, as the moving party here, clearly established the absence
Cited 329 timesPublished
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