Case law

Adrian Miranda v. City of Casa Grande

15 F.4th 1219 · Court of Appeals for the Ninth Circuit · Oct 19, 2021

We identified in that case “a clearly established constitutional due process right not to be subjected to criminal charges on 2 We thus have no occasion to address whether Rush would be entitled to any form … of official immunity under § 1983, an issue that the district court did not reach. 18 MIRANDA V.

Vietnam Veterans of America v. Central Intelligence Agency

811 F.3d 1068 · Court of Appeals for the Ninth Circuit · Jun 30, 2015

We ourselves have explained that we can compel agency action only when the legal obligation is “so clearly set forth that it could traditionally have been enforced through a writ of mandamus.” … The phrase “[vjolunteers are authorized all necessary medical care for injury or disease that is a proximate result of their participation in research,” does not qualify as “the ordering of a ‘precise, definite act ... about

Freddy Curiel v. Amy Miller

830 F.3d 864 · Court of Appeals for the Ninth Circuit · Jul 25, 2016

Further, slight factual differences between cases have been enough for the Court to determine that no “clearly established” law existed on a particular question. See Carey v. … In that case, the Court held that federal courts may not grant relief even though the state courts erroneously applied clearly established Supreme Court law.

Churchill County v. Babbitt

150 F.3d 1072 · Court of Appeals for the Ninth Circuit · Jul 15, 1998

County and City qualify as such local agencies through Nevada statutes which authorize them to prepare and adopt land management plans with environmental standards. See Nev.Rev.Stat. §§ 278.010-278.630. … As the district court recognized in its order, “Plaintiffs’ ease clearly arises under NEPA.

Frank Douglas v. Marvin Anderson, Raymond Hanson, Board of Directors, Hastings College of Law and Hastings Service Foundation, Inc., a Corporation

656 F.2d 528 · Court of Appeals for the Ninth Circuit · Sep 17, 1981

hiring: 2 This may be done by showing (i) that he belongs to a racial minority; (ii) that he applied and was qualified for a job for which the employer was seeking applicants; (iii) that, despite his qualifications, *532 … The record clearly shows that members of the Board of Trustees for the Hastings Service Foundation were dissatisfied with the manner in which Douglas was managing the bookstore.

Angela Valdez v. Robert Ayers

988 F.2d 126 · Court of Appeals for the Ninth Circuit · Mar 10, 1993

Reversal is therefore necessary. 6 Finally, we disagree with appellant that he was entitled to an instruction on qualified immunity. … We have previously held that "[i]f an eighth amendment violation is found, there is not qualified immunity defense available." Albers v.

In Re Lorna Kaye Nys, Debtor, Educational Credit Management Corporation v. Lorna Kaye Nys

446 F.3d 938 · Court of Appeals for the Ninth Circuit · Apr 26, 2006

We express no opinion as to whether Nys has established entitlement to a partial or complete discharge. … Under the test as proposed by ECMC, any decision within the debtor's control could not qualify as an "additional circumstance.”

Andersen v. United States

298 F.3d 804 · Court of Appeals for the Ninth Circuit · Jul 30, 2002

In the circumstances, Plaintiffs fail both parts of DiBella’s test, and they therefore cannot establish the exception to the general rule that motions like theirs are unappealable. … DeMassa I clearly contemplates that grand jury proceedings constitute criminal proceedings for the purpose of determining appealability.

Imperial Sovereign Court of the State of Montana v. Knudsen

Court of Appeals for the Ninth Circuit · Mar 13, 2026

“The standard for issuing a preliminary injunction is well established.” Id. … Rather, they only conclusorily assert that “‘sexually oriented performance’ is clearly defined.”

Concepcion S. Wabol v. Victorino Villacrusis

908 F.2d 411 · Court of Appeals for the Ninth Circuit · Jul 9, 1990

Although NMI may clearly determine whether a federal court or a newly established appellate court may entertain appeals from a local trial court, Congress has expressly established that NMI is not authorized to make such … analysis, but it is of only minimal relevance to the threshold question of the validity of the Congressional waiver of equal protection restraints in sections 501(b) and 805. 20 A restriction need not be precisely tailored to qualify

Gene McLenithan, Jr. v. Max Williams

Court of Appeals for the Ninth Circuit · Jun 26, 2018

Defendants-Appellees claim they are entitled to qualified immunity on the remaining claims, but we need not reach that issue in the first instance. … Because we reverse that ruling, we reverse the district court’s qualified immunity ruling as well.

Doe Ex Rel. Doe v. Kamehameha Schools

470 F.3d 827 · Court of Appeals for the Ninth Circuit · Dec 5, 2006

- sions to any qualified candidate. … policy is to open admissions to any qualified candidate.

Eric Duarte v. Martyn Bevan

359 F. App'x 883 · Court of Appeals for the Ninth Circuit · Dec 22, 2009

The district court properly entered summary judgment because Duarte failed to establish the existence of a genuine issue of fact that either defendants Gill or Bevan acted with deliberate indifference by requiring him to … Therefore, the district court properly held that Bevan was entitled to qualified immunity. See Saucier v. Katz, 533 U.S. 194, 201 (2001). AFFIRMED. 3

United States v. Rachelle L. Miller

991 F.2d 552 · Court of Appeals for the Ninth Circuit · Apr 15, 1993

First, the district court’s departure based on Miller’s family circumstances was not clearly erroneous. … This is a finding of fact which is not clearly erroneous.

Rene Lemus-Escobar v. Pamela Bondi

Court of Appeals for the Ninth Circuit · Nov 10, 2025

The BIA’s determination here—that certain evidence is not “new”—clearly constitutes a decision that a particular set of facts does not meet a legal standard. … Neither Kucana nor any other intervening case is clearly irreconcilable with Fernandez’s holding that we lack jurisdiction over this category of denials.

Stead v. Curtis

205 F. 439 · Court of Appeals for the Ninth Circuit · May 5, 1913

In view of the decisions we *443 have cited to the contrary, this proposition is clearly untenable. … Ed. 1110 , are quite as favorable to the appellants’ contention as auy that can be found; hut clearly they are inconclusive upon the precise point here under consideration.

Tyrrell v. United States

200 F.2d 8 · Court of Appeals for the Ninth Circuit · Mar 9, 1953

to his local draft board certifying over the signature of the “Dean,” that Robert Russell Tyrrell was registered and enrolled as a full-time student minister in such seminary and that he was earnestly pursuing studies to qualify … established to the satisfaction of the local board without any discrimination because of creed or religious affiliations. 4 We find no such discrimination in the record before us, nor does it appear therefrom that the Board

Boise Cascade Corporation, Composite Can Division v. Secretary of Labor and Occupational Safety and Health Review Commission

694 F.2d 584 · Court of Appeals for the Ninth Circuit · Dec 10, 1982

Clearly the Secretary’s reliance on this testimony is misplaced. … Qualified workers were allowed to bid for operator positions, which were awarded on the basis of seniority.

Lapadat v. Bondi

Court of Appeals for the Ninth Circuit · Jul 31, 2025

To meet prong one and establish a qualifying harm, a petitioner does not need to also prove prong three—whether the persecution was motivated on account of a protected ground. In Gormley v. … Such pernicious maltreatment clearly satisfies the past-persecution criteria established in our caselaw. See Ahmed v.

Moore v. Local Union 569 of the International Brotherhood of Electrical Workers

989 F.2d 1534 · Court of Appeals for the Ninth Circuit · Apr 1, 1993

An out-of-work member of the Local may qualify for placement into either or both of these agreements’ referral systems merely by marking the appropriate place on a sign-in book maintained at the Local’s offices. … The plain language of section 101(a)(3) indicates clearly that it is concerned only with an-increase in dues.