Case law

Smith v. Elkins

19 F.3d 29 · Court of Appeals for the Ninth Circuit · Mar 2, 1994

We remanded the case to determine the issue of qualified immunity. After remand, the prison replaced Rule 46 with Rule 63, which clearly proscribes praying aloud in a foreign language. … Qualified immunity. 4 We review de novo the district court's finding of qualified immunity. Hamilton v.

Leavitt v. Arave

371 F.3d 663 · Court of Appeals for the Ninth Circuit · Jun 14, 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 since Teague came out.”). But cf.

Ilseng v. United States

120 F.2d 823 · Court of Appeals for the Ninth Circuit · Jun 13, 1941

Udell, who qualified as mining experts. Mr. Balling inspected the mines in 1938 and was questioned as to their condition as he found them in comparison with the referred to statements. … While we hold that the books and records were properly admitted into evidence and were clearly applicable to the case of Ilseng Sr. it is just as clearly evident that they must actually be connected with the other appellants

The Rath Packing Company, a Corporation, Counter-Defendant and v. M. H. Becker, as Director of the County of Los Angeles Department of Weights and Measures, and Cross-Appellant, C. B. Christensen, as Director of Agriculture of the State of California, Intervenor, and Cross-Appellant. The Rath Packing Company, a Corporation, and v. Joseph W. Jones, as Director of the County of Riverside Department of Weights and Measures, and Cross-Appellant

530 F.2d 1295 · Court of Appeals for the Ninth Circuit · Apr 19, 1976

It is settled that Chandler's judicial immunity defense arises under federal law. Howard v. Lyons, 360 U.S. 593 , 79 S.Ct. 1331 , 3 L.Ed.2d 1454 (1959). A verdict for O'Bryan was returned in the state court. … Chandler then filed a declaratory judgment action in federal court seeking to have the state libel judgment enjoined and expunged, alleging his federal judicial immunity claim.

De Groot v. United States

78 F.2d 244 · Court of Appeals for the Ninth Circuit · Jun 17, 1935

to establish the crime for which he is indicted. … This is clearly suggestive that the jury need apply the doctrine of reasonable doubt only to the degree of the offense and not to the issue of self-defense.

Patelco Credit Union v. Sahni

262 F.3d 897 · Court of Appeals for the Ninth Circuit · Aug 27, 2001

She concluded as a matter of law that § 1106(b) admits of no exceptions; therefore, “disclosure of prohibited transactions will not immunize a defendant from liability.” … A district court abuses its discretion in imposing sanctions when it bases its decision on an erroneous view of the law or on a clearly erroneous assessment of the evidence. Weissman v.

Chet L. Parker and Lois M. Parker v. Title and Trust Company, a Corporation Paul Winans, Ethel Winans, Ross M. Winans, Audubon Winans and Linnaeous Winans, Walter Stegmann v. Title and Trust Company, a Corporation Paul Winans, Ethel Winans, Ross M. Winans, Audubon Winans and Linnaeous Winans

233 F.2d 505 · Court of Appeals for the Ninth Circuit · May 4, 1956

Tettelbaum, 61 Or. 144 , 120 P. 373 , the statement of the rule that "`negligence, in order to bar equitable relief, in case of mutual mistake, clearly established, must be so gross and inexcusable as to amount to a positive … This is the clearly defined and well established rule upon the subject, in courts of equity, both in England and America.'"

96 Cal. Daily Op. Serv. 1943, 96 Daily Journal D.A.R. 3309 Sergio Augusto Gomez-Saballos Rosa Virginia Martinez De Gomez Waskar Augusto Gomez Martinez Jorge Francisco Gomez Martinez Jennyfer Del Socorro Gomez Martinez v. Immigration and Naturalization Service

79 F.3d 912 · Court of Appeals for the Ninth Circuit · Mar 22, 1996

To those imprisoned, he clearly represented the person in charge of their political incarceration. The prisoners represented an organized political force in opposition to the political views of the Sandinistas. … This remand is necessary to determine whether Gomez-Saballos will qualify for benefits attendant only to a grant of asylum. See, e.g., Artiga Turcios v.

97 Cal. Daily Op. Serv. 3936, 97 Daily Journal D.A.R. 6806 Harbinder Dhariwal Singh v. Janet Reno, Attorney General Thomas J. Schiltgen, District Director of Immigration and Naturalization Service, San Francisco, California Immigration and Naturalization Service

113 F.3d 1512 · Court of Appeals for the Ninth Circuit · May 27, 1997

Dec. at 753 . 10 Singh's few established connections to the United States, despite over two and a half years of legal permanent resident status, clearly and convincingly demonstrate his lack of an intent to reside in the … The evidence clearly shows a visitor who spent a sporadic amount of time in the United States until he could establish a permanent residence in this country "at some indefinite time in the possibly distant future."

Keith v. Volpe

833 F.2d 850 · Court of Appeals for the Ninth Circuit · Dec 3, 1987

XIV, § 5, to remove state eleventh amendment immunity from section 1988 attorney fee awards. Maher v. Gagne, 448 U.S. 122, 132 , 100 S.Ct. 2570, 2576 , 65 L.Ed.2d 653 (1980); Hutto v. … By calculating the number of hours reasonably expended by the Center and the reasonable hourly rate for the work done, and by clearly articulating the manner in which it made its determination, the district court satisfied

Friedman Brothers Investment Company v. Lewis

676 F.2d 1317 · Court of Appeals for the Ninth Circuit · May 12, 1982

UMTA's decision that the bus yard qualified for a categorical exclusion is "final" in that it is the culmination of the agency's administrative procedures and will not be reconsidered at any later date. 10 In Aberdeen & Rockfish … It would seem that the acquisition grant-the product of a five-year planning effort by the cities of Torrance and Gardena and UMTA-was such a proposal, clearly establishing the agency's intentions to proceed with construction

Nina Gorio Julio Gorio v. Sherman Block Roy Brown Daniel McCann Ronald Zega

972 F.2d 1339 · Court of Appeals for the Ninth Circuit · Aug 5, 1992

light of clearly established law and the information he possessed. … Standing alone, however, I instruct you that these facts do not establish the defense of qualified immunity. 51 Under California law Mr.

Tayo Daramola v. Oracle America, Inc.

92 F.4th 833 · Court of Appeals for the Ninth Circuit · Feb 6, 2024

[or] (2) to file, cause to be filed, testify, participate in, or otherwise assist in a [qualifying] proceeding . . . . 18 U.S.C. § 1514A(a). … Nor has Daramola established sufficient relevant conduct that occurred in California.

United States v. Lesester D. McDougherty AKA Lester Johnson

920 F.2d 569 · Court of Appeals for the Ninth Circuit · Nov 28, 1990

Clearly then, robbery as defined in California falls under 18 U.S.C. 16(b) as a felony that “by its nature, involves a substantial risk” that physical force may be used. 5 III. … Section 851 applies when the government seeks to obtain the increased statutory penalties provided in 21 U.S.C. §§ 841-858 , based upon certain qualifying prior convictions.

Washington, Department of Ecology v. United States Environmental Protection Agency

752 F.2d 1465 · Court of Appeals for the Ninth Circuit · Feb 6, 1985

If a state chooses not to set up its own program, or if the Administrator decides that the state does not qualify for *1467 authorization, EPA continues to administer the federal program in that state. … This contention, if accepted, would reverse the fundamental principle that the established jurisdictional relationships between Indian tribes and the states remain intact unless Congress clearly expresses its desire to change

Roy L. Rogers v. Larry Bearley

103 F.3d 140 · Court of Appeals for the Ninth Circuit · Dec 10, 1996

Magistrate Judge Erickson granted summary judgment to Rogers on the issue of liability and denied Officer Bearley's claim of qualified immunity. The jury awarded Rogers $3000 in damages. Bearley timely appeals. … II. 7 This court reviews de novo a denial of qualified immunity. Bearley is entitled to qualified immunity unless he knew or should have known that his conduct would violate Rogers's federal constitutional rights.

Soderback v. Siler

610 F.2d 643 · Court of Appeals for the Ninth Circuit · Dec 6, 1979

Roth, 408 U.S. 564 , 92 S.Ct. 2701 , 33 L.Ed.2d 548 (1972), it is well established that one who claims a *646 deprivation of “liberty" must demonstrate that the action complained of imposed “a stigma or other disability that … Clearly these charges involved the kind of “stigma” that is referred to in Roth . However, Soderback’s licenses were not denied on grounds to which any stigma is attached and he does not so contend.

Pedro Aguirre Barbosa v. William Barr

Court of Appeals for the Ninth Circuit · Jun 6, 2019

And we have clearly held that “imputed wealthy Americans” are not a discrete class of persons recognized as a particular social group. Ramirez- Munoz v. Lynch, 816 F.3d 1226, 1229 (9th Cir. 2016). … The Supreme Court has recognized that “the failure of ‘persistent efforts . . . to establish a standard’ can provide evidence of vagueness.” Johnson v. United States, 135 S.

Liza Brown v. Susan E. Poole

337 F.3d 1155 · Court of Appeals for the Ninth Circuit · Aug 4, 2003

PROSECUTOR: Now other than what I have told you right now in court today at this moment, [have] there been any other promises made to you of lesser sentence, probation, reward, immunity, anything else, in order to have you … Santobello clearly established the requisite legal principles long ago, and the state court’s decision did not reasonably apply them. C.

United States v. Gonzalez-Aparicio

648 F.3d 749 · Court of Appeals for the Ninth Circuit · Nov 16, 2011

However there is an exception to this general principle: “ ‘[W]here the law at the time of trial was settled and clearly contrary to the law at the time of appeal[,] 20178 UNITED STATES v. … As a result, his conviction does not qualify as a “crime of violence” under the modified cate- gorical approach.