Case law

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.

C-Y Development Co. v. City of Redlands

703 F.2d 375 · Court of Appeals for the Ninth Circuit · Mar 8, 1983

In February 1979, the Redlands city council adopted Ordinance 1680, 1 which established a competitive point-rating system that evaluates applications in four categories: “Consistency With Zone,” “Relationship of Project to … A district court should abstain only in the “exceptional circumstances where the order to the parties to repair to the state court would clearly serve an important countervailing interest.” County of Allegheny v.

Jess H. Nicholas, Jr. v. Secretary of the Department of Interior and the United States of America

385 F.2d 177 · Court of Appeals for the Ninth Circuit · Nov 14, 1967

In his complaint, as amended, filed in the District Court, appellant alleges in substance that notwithstanding the fact that he had fulfilled all the requirements necessary to qualify for a patent, the Secretary, by arbitrary … Thus, even viewing the record in the light most favorable to appellant, the record clearly establishes that appellant failed to cultivate the number of acres required by 43 U.S.C. § 164 .

Robert Lumpkin v. Sigh

Court of Appeals for the Ninth Circuit · Jun 11, 2020

Nor did the district court clearly err in its factual findings. See Anderson v. … Contrary to Lumpkin’s contention, the district court’s denial of summary judgment on the ground of qualified immunity did not preclude it from later resolving the case in defendants’ favor after a bench trial.

S.D. Myers, Inc. v. City and County of San Francisco and San Francisco Human Rights Commission

253 F.3d 461 · Court of Appeals for the Ninth Circuit · Jun 14, 2001

Minnesota reasoned that the registration requirements constituted the injury to the Church and that this injury could not be redressed unless the Unification Church both qualified for the religious organization exemption … and prevailed on its Establishment Clause claim.

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

Seattle School District, No. 1, a Municipal Corporation v. B.S., as Parent of A.S., a Minor, and Office of the Superintendent of Public Instruction, of the State of Washington Department of Social & Health Services Economic & Medical Service

82 F.3d 1493 · Court of Appeals for the Ninth Circuit · May 10, 1996

William Sack, whom the district court found to be well-qualified but not as familiar with A.S. as the parent's experts. … Jefferson County Bd. of Educ., 705 F.2d 800, 803 (6th Cir.1983) ("The concept of education under the Act clearly embodies both academic instruction and a broad range of associated services traditionally grouped under the

Moss J. Witt, an American Citizen of Choctaw Indian Descent v. The United States of America the Secretary of Interior the U. S. Commissioner of Indian Affairs the Attorney General of the United States, Jackie Laverne Jarman, a Cherokee Indian Citizen v. The United States of America

681 F.2d 1144 · Court of Appeals for the Ninth Circuit · Jul 20, 1982

. § 345 to establish rights to allotments. 2 4 In Witt's district court action, it was undisputed that he could not qualify for an eligibility certificate. … Our mandate in Pence I does not require the BLM to hold hearings when the applicant fails to state facts which would establish eligibility for an allotment. See Pence v.

Sofie Karasek v. University of California

948 F.3d 1150 · Court of Appeals for the Ninth Circuit · Jan 30, 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.

Equal Employment Opportunity Commission v. General Telephone Co. of Northwest, Inc.

599 F.2d 322 · Court of Appeals for the Ninth Circuit · Jun 27, 1979

There is no indication in the statute itself that the Commission must qualify as a class representative when it sues on behalf of a class. … The Court in the majority opinion clearly recognizes a distinction between actions instituted by the EEOC and private class actions by complainants. . See also EEOC v.

Wilson v. Nevada

666 F.2d 378 · Court of Appeals for the Ninth Circuit · Jan 22, 1982

In Grossberg , plaintiffs, who were graduating high school students and their parents, sought to enjoin the reading of an invocation and benediction at a high school graduation ceremony, claiming violations of the Establishment … graduate from high school or take and pass the G.E.D. certification test (or those who fail to graduate or fail to obtain G.E.D. certification), could assert the identical position asserted by Wilson, i.e., that they are qualified

Chicken Ranch Rancheria v. State of California

42 F.4th 1024 · Court of Appeals for the Ninth Circuit · Jul 28, 2022

and establish tort claims commissions. … The dissent qualifies this with an “absent more,” but the “more” it refers to is “procedural bad faith.” Dissent at 71, 78.

Jennie Beltran v. Michael Astrue

Court of Appeals for the Ninth Circuit · Nov 14, 2012

Although, in Walker, we never established what number of jobs qualifies as “very rare” or generally unavailable, a comparison to other cases shows that this case fits comfortably under Walker’s purview. 8 … In short, when compared to other cases, 135 regional surveillance monitor jobs qualifies as a “very rare” number.

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.

Labor/Community Strategy Center v. Los Angeles County Metropolitan Transportation Authority

564 F.3d 1115 · Court of Appeals for the Ninth Circuit · May 5, 2009

First, BRU must establish that a "significant change either in factual conditions or in the law" occurred after execution of the decree. See Asarco, 430 F.3d at 979 . … The failure of substantial compliance with the terms of a consent decree can qualify as a significant change in circumstances *1121 that would justify the decree's temporal extension.

Mark Rogers v. James Dzurenda

25 F.4th 1171 · Court of Appeals for the Ninth Circuit · Feb 14, 2022

But the fact that Rogers killed the victims, even if clearly established, does not establish that evidence of “his sanity was overwhelming.” … established, does not establish that evidence of ‘his sanity was overwhelming.’”

Fisher v. City of San Jose

558 F.3d 1069 · Court of Appeals for the Ninth Circuit · Mar 11, 2009

Newland, 263 F.3d 1022, 1032 (9th Cir.2001) (“It is clearly established Federal law that the warrant-less search of a dwelling must be supported by probable cause and the existence of exigent circumstances.” … Such analytical parsing makes little sense and is contrary to clearly established law. In fact, the dissent’s reasoning is itself inconsistent.

Anh Tuyet Thai v. Andrew Saul

Court of Appeals for the Ninth Circuit · Feb 19, 2020

Because it was clearly established at the time of the incident that, absent a warrant or exigent circumstances, a law enforcement officer could not enter a person’s home without consent, these claims against Villasenor … and Sanchez cannot be dismissed at this stage of the proceedings on qualified-immunity 3 grounds.

Regents of the University of California v. Donna E. Shalala, Secretary, Health & Human Services Provider Reimbursement Review Board

82 F.3d 291 · Court of Appeals for the Ninth Circuit · Apr 17, 1996

In Salfi , the Supreme Court approved of a per se rule defining the length of marriage needed to qualify for social security benefits “which sweeps more broadly than the evils with which they seek to deal.” 422 U.S. at 784 … “A district court’s factual findings on jurisdictional issues must be accepted unless they are clearly erroneous.” Reebok Int;l, Ltd. v. Marnatech Enter., Inc., 970 F.2d 552 , 554 (9th Cir.1992) (quotations omitted).

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.”