Case law

Estate of Marilyn Marie Conners, by Its Administrator, Howard Meredith Howard Meredith Lillian Beatty, Individuals, as Sole Heirs of Marilyn Marie Conners, Plaintiffs v. Dennis M. O'COnnOr Thaddeus Kostrubala

8 F.3d 26 · Court of Appeals for the Ninth Circuit · Oct 4, 1993

This court previously rejected the defendants' claim of qualified immunity because a genuine issue of material fact existed regarding whether they had violated Conners's clearly established rights to personal security and … In essence, therefore, Kostrubala's claim of qualified immunity is subsumed by his claim that the jury's verdict is not supported by the evidence.

Skokomish Indian Tribe v. United States

332 F.3d 551 · Court of Appeals for the Ninth Circuit · Jun 3, 2003

Therefore, the Tribe challenges the “construction, maintenance, or operation” of the Project and the United States is immune from that challenge. … Moreover, in 1948, the Tribe filed a quiet title action to establish title to a strip of tidelands adjoining the Tribe’s reservation on the Hood Canal. France, 320 F.2d at 206 .

Celia Mazzei v. Cir

Court of Appeals for the Ninth Circuit · Jun 2, 2021

Appellants established a FSC under since-repealed provisions of Internal Revenue Code §§ 921–927 (the FSC statute). … S qualifies as a DISC for its taxable year. S has no employees on its payroll.

Santiago v. Rumsfeld

Court of Appeals for the Ninth Circuit · Sep 27, 2005

In so providing, the contract was reflecting well-established rules of law applicable to enlistment contracts. See Winters v. … The congressionally-authorized suspension of the separation laws qualifies as a “change” in the law within the meaning of this clause.

United States v. Gamboa-Cardenas

508 F.3d 491 · Court of Appeals for the Ninth Circuit · Nov 8, 2007

Section 3E1.1 of the sentencing guidelines states, “If a defendant clearly demonstrates acceptance of responsibility for his offense,” the district court will apply a two-level reduction. … In “rare situations,” however, a defendant can qualify for this downward adjustment even after going to trial and being-convicted. Id.

Honorable Bruce W. Dodds v. American Broadcasting Company, Inc., a Delaware Corporation

145 F.3d 1053 · Court of Appeals for the Ninth Circuit · May 27, 1998

Although Judge Dodds was not specifically identified as such, he was clearly the subject of Hart’s statement. … Here, however, as we have explained, there are no such subsidiary statements that qualify.

James Endy v. County of Los Angeles

Court of Appeals for the Ninth Circuit · Mar 27, 2018

The district court properly dismissed the social workers because they are entitled to qualified immunity for Endy’s due process claims. … See Ashcroft v. al-Kidd, 563 U.S. 731, 741 (2011) (“A Government official’s conduct violates clearly established law when, at the time of the challenged conduct, the contours of a right are sufficiently clear that every

Crystal Sweet v. Ruiz

Court of Appeals for the Ninth Circuit · Jul 6, 2022

Likewise, she has not established as a matter of law that she suffered a violation of her Eighth Amendment rights. See Somers v. Thurman, 109 F.3d 614, 622–23 (9th Cir. 1997); cf. Bearchild v. … Also, because we affirm the district court’s summary judgment, we need not address Defendants’ additional arguments regarding qualified immunity and Eleventh Amendment immunity.

David Luther Ghent v. Jeanne S. Woodford, Warden, of California State Prison at San Quentin

279 F.3d 1121 · Court of Appeals for the Ninth Circuit · Mar 11, 2002

Rather, it clearly included his opinion as to Ghent’s mental state at the *1130 time of the murder. He testified that “Mr. … Shoor’s testimony was introduced to immunize the jury against this crucial defense evidence. Indeed, Dr. Shoor’s testimony went to the heart of Ghent’s defense.

Viktor Yaroslavovich Sagaydak Nataliya Bogdanivna Sagaydak v. Alberto Gonzales, Attorney General

405 F.3d 1035 · Court of Appeals for the Ninth Circuit · May 4, 2005

Ashcroft, 374 F.3d 765, 770 (9th Cir.2004) (“He must establish that the political opinion would motivate his potential persecutors.”)- Viktor’s status as a government employee clearly suffices to show an imputed political … Viktor also has established that his troubles with Hidro arose on account of that actual or imputed political opinion.

Jessica Tavares v. Gene Whitehouse

851 F.3d 863 · Court of Appeals for the Ninth Circuit · Mar 14, 2017

Though narrow, this claim for relief is firmly established. See Boe v. … The majority opinion extends Jeffredo from disenrollment decisions to temporary exclusion orders because, according to the majority, the latter are merely “another expression of [the tribe’s] sovereign immunity to determine

Schuenke v. Sampsell

226 F.2d 804 · Court of Appeals for the Ninth Circuit · May 10, 1955

A review of the facts indicates clearly the position occupied by Miller with reference to the bankrupt estate. The review of the record highlights this situation. … It is established to protect the courts themselves from suspicion of chicanery. But it is said that the status quo cannot be established, and the innocent will suffer.

Estate of Henry Barabin v. Astenjohnson, Inc.

740 F.3d 457 · Court of Appeals for the Ninth Circuit · Jan 15, 2014

Cohen was not qualified to testify as an expert and that his theory was not the product of scientific methodology. Asten-Johnson and Scapa argued that Dr. … Nevertheless, Rule 702 “clearly contemplates some degree of regulation of the subjects and theories about which an expert may testify.” Daubert, 509 U.S. at 589 , 113 S.Ct. 2786 (emphasis added).

State of California, Department of Education v. William J. Bennett, Secretary of Education, United States Department of Education

833 F.2d 827 · Court of Appeals for the Ninth Circuit · Dec 2, 1987

has interpreted these regulations to require a conference as a whole to be “directly related” to Title I issues and to have as its “primary purpose” the dissemination of technical information regarding Title I in order to qualify … In order to strengthen and expand parental involvement in Title I programs, Congress mandated the establishment of parent advisory councils. 20 U.S.C. § 2735 (a).

United States v. Lynda L. Transfiguracion, United States of America v. Thuy Dao

442 F.3d 1222 · Court of Appeals for the Ninth Circuit · Apr 5, 2006

The defendant understands that to establish a violation of importation of 100 grams of methamphetamine, the government must prove each of the following elements beyond a reasonable doubt: First: defendant knowingly[ 3 ] brought … Further, if the government had intended the “other non-violent offenses” phrase to refer only to uncharged offenses, we would expect to find the phrase qualified accordingly — e.g., by the addition of “but not charged.”

Nunez v. City Of Los Angeles

147 F.3d 867 · Court of Appeals for the Ninth Circuit · Jun 5, 1998

Individual applicants for a promotion must still establish qualification. … Group preferences, which merely establish group goals, do not suffice.

Le v. Astrue

Court of Appeals for the Ninth Circuit · Mar 10, 2009

Nevertheless, we must consider whether Le’s notice of appeal is deficient in complying with the filing and content procedures established by Rule 3 of the Federal Rules of Appellate Procedure, because a deficiency may present … immunity.

Beyene v. Coleman Security Services, Inc.

854 F.2d 1179 · Court of Appeals for the Ninth Circuit · Aug 19, 1988

In deciding such a motion to dismiss, the district court is to resolve factual disputes, and its findings are then subject to review under the clearly erroneous standard. Id. at 369 . … These facts must be proved through the testimony of the custodian of the records or other qualified witness, though not necessarily the declarant.” United States v.

Washington State Building and Construction Trades Council, Afl-Cio v. The Honorable John C. Spellman, Governor of the State of Washington, United States of America v. State of Washington, Washington State Building and Construction Trades Council, Afl-Cio v. The Honorable John C. Spellman, and Don't Waste Washington Legal Defense Foundation, Intervenor-Defendant-Appellant. United States of America v. State of Washington, and Don't Waste Washington Legal Defense Foundation, Intervenor-Defendant-Appellant

684 F.2d 627 · Court of Appeals for the Ninth Circuit · Aug 17, 1982

The Act permits the establishment and operation of regional disposal facilities through interstate compacts. … That legislative effort is clearly impermissible under the Commerce Clause of the Constitution." Id. at 629, 98 S.Ct. at 2538.

Adams v. Howerton

673 F.2d 1036 · Court of Appeals for the Ninth Circuit · Feb 25, 1982

The second is whether that state-approved marriage qualifies under the Act. Both steps are required. E.g., United States v. Sacco, 428 F.2d 264, 270 (9th Cir.) … No. 748, 89th Cong., 1st Sess., reprinted in, (1965) U.S.Code Cong. & Ad.News 3328, 3343, clearly express an intent to exclude homosexuals. See Boutilier v.