Case law

John Doe 1 v. Donald Trump

Court of Appeals for the Ninth Circuit · May 4, 2020

Hawaii clearly allows the President to do what he did here in Proclamation No. 9945. … who “had qualified for entry under established immigration policy.”

United States v. Nobari

Court of Appeals for the Ninth Circuit · Jul 24, 2009

Specifically, clearly established federal law provides that such prosecu- torial conduct “violates a criminal defendant’s due process and equal protection rights.” Bains v. … “Our caselaw, and that of other circuits, establishes that this is an impermissible syllo- gism.” Id.

Getty Oil Company v. Andrus

607 F.2d 253 · Court of Appeals for the Ninth Circuit · Oct 22, 1979

GRI, in response, submitted all the documents required by 43 C.F.R. § 3202 , and other subparts, to show that it was qualified to hold a geothermal lease. … EXHAUSTION OF ADMINISTRATIVE REMEDIES AND WAIVER 10 The doctrines of exhaustion of administrative remedies and waiver are well established and serve fairly obvious purposes.

Humes Electric, Inc. v. National Labor Relations Board

715 F.2d 468 · Court of Appeals for the Ninth Circuit · Sep 7, 1983

The Board concluded that had Humes 8 been resolute in its alleged August 6 decision to discharge Devers on August 7, it clearly would have implemented the discharge prior to August 12. … Not to do so ordinarily will increase the weight of the employer's burden and substantially immunize this increase from appellate review. * Honorable William P.

Brianna Bolden-Hardge v. California State Controller

63 F.4th 1215 · Court of Appeals for the Ninth Circuit · Apr 3, 2023

It is clear that she can seek damages from the Controller’s Office on her Title VII claims because that statute abrogates states’ sovereign immunity. See Fitzpatrick v. Bitzer, 427 U.S. 445, 453 n.9 (1976). … Douds, 339 U.S. 382, 415 (1950) (“Clearly the Constitution permits the requirement of [loyalty] oaths . . . .

Fireman's Fund Insurance v. City of Lodi

271 F.3d 911 · Court of Appeals for the Ninth Circuit · Oct 30, 2001

The district court also held that the defendants sued in their individual capacities are entitled to qualified immunity. Id. at 1107 . … Lodi asserts that the official capacity claims against these three municipal officers were also dismissed by the district court on qualified immunity grounds. That is not the case, however.

Delphine Arrey v. William Barr

916 F.3d 1149 · Court of Appeals for the Ninth Circuit · Feb 26, 2019

BARR as if Arrey experienced “random crimes against women,” which the IJ held did not qualify as persecution on account of a protected ground. … BARR 13 credibility determinations as clearly erroneous and assumed Arrey was credible.

United States v. Sharon K. Crosson

462 F.2d 96 · Court of Appeals for the Ninth Circuit · Jul 28, 1972

Clearly, the restriction on appellant’s First Amendment freedoms is no greater than is essential to the furtherance of the national interest. … For that matter, the transcript of the voir dire clearly establishes that the trial court made every reasonable effort to discover any possible prejudice in the minds of the jurors.

Robert J. Brown v. John F. Darcy, A/K/A Jack Darcy, an Individual Ducommun, Inc., a Corporation

783 F.2d 1389 · Court of Appeals for the Ninth Circuit · Mar 4, 1986

On the other hand, prior decisions of this court have also firmly established the district court’s broad discretion to admit or exclude polygraph evidence at trial. See, e.g., United States v. … The trial record discloses disagreement between the qualified experts.

Arnold G. Dorsey, A.K.A. Engelbert Humperdinck v. National Enquirer, Inc.

952 F.2d 250 · Court of Appeals for the Ninth Circuit · Dec 11, 1991

The California courts have established a standard to determine when this essentially mixed question of law and fact is treated as a question of law. … The article also clearly states that Jetter made the allegation during a family court proceeding.

Gregory Norwood v. Matthew Cate

676 F. App'x 649 · Court of Appeals for the Ninth Circuit · Feb 15, 2017

A prison official is entitled to qualified immunity unless his or her conduct violated a constitutional right that was clearly established at the time of the violation. Pearson v. Callahan, 555 U.S. 223, 232 (2009). … In 2008, prison officials did not violate clearly established law by instituting a temporary lockdown in response to a genuine emergency. See Hayward v. Procunier, 629 F.2d 599, 603 (9th Cir. 1980).

Irons v. Carey

506 F.3d 951 · Court of Appeals for the Ninth Circuit · Nov 6, 2007

In prison, though, "his conduct has been exemplary." [5] Irons says that deprivation of parole for this murderer would violate due process of *953 law under "clearly established" Supreme Court law, unless it was supported … has "clearly established that a parole board's decision" must be supported by "some evidence" in Superintendent v.

Marco Santiago v. Bruce Gage

Court of Appeals for the Ninth Circuit · Jun 11, 2021

Jett, 439 F.3d at 1097. 3 Given this basis for our decision, we need not reach Raelynn’s argument that qualified immunity is “inapplicable outside of contexts where officials are forced to act in exigent … We do note, however, that we have previously considered the appropriateness of qualified immunity in Eighth Amendment cases not involving exigent circumstances. See, e.g., Foster v.

Operating Engineers Local Union No. 3 v. Burroughs

417 F.2d 370 · Court of Appeals for the Ninth Circuit · Oct 1, 1969

The majority opinion surely cannot survive, since it tends to establish almost complete immunity for union members who harass their unions and disrupt union affairs with vexatious lawsuits. … An injunction should never issue unless it is clearly demonstrated that it will benefit the party who seeks it. See, e. g., Simms v. Greene, 161 F.2d 87 (3d Cir. 1947). .

Bialac v. Bialac

712 F.2d 426 · Court of Appeals for the Ninth Circuit · Aug 4, 1983

The right was qualified. James was only given sixty days within which to pay the $460,000 due under the judgment. … Redemption can be had only by satisfying “all” obligations, which clearly implicates the obligations of co-debtors.

Salmon River Concerned Citizens v. Robertson

32 F.3d 1346 · Court of Appeals for the Ninth Circuit · Jul 5, 1994

The party invoking federal jurisdiction bears the burden of establishing these elements. … Furthermore, “an agency must have discretion to rely on the reasonable opinions of its own qualified experts even if ... a court might find contrary views more persuasive.”

L. J. v. Pittsburg Unified School Dist.

Court of Appeals for the Ninth Circuit · Feb 27, 2017

The IEP team agreed with the psychologist that L.J. had no qualifying disabilities. … In sum, the School District clearly violated important procedural safeguards set forth in the IDEA.

United States v. Matthew D. Jones

472 F.3d 1136 · Court of Appeals for the Ninth Circuit · Jan 10, 2007

That was clearly a misrepresentation. … Here, Jones argues that his plea is invalid because he did not understand that the facts to which he stipulated in his plea agreement failed to qualify as wire fraud.

Williams Ex Rel. Estate of Williams v. Clark County Public Administrator

487 F. App'x 413 · Court of Appeals for the Ninth Circuit · Nov 20, 2012

California and Nevada district courts did not abuse their discretion in denying reconsideration of their respective rulings regarding transfer of venue and dismissal for failure to state a claim because Williams failed to establish … Williams’s contentions regarding corruption in the Las Vegas construction industry; the doctrine of qualified immunity; the district court’s alleged bias; and the defendants’ alleged efforts to “silence, neutralize, coerce

Church of Scientology International v. United States Internal Revenue Service

995 F.2d 916 · Court of Appeals for the Ninth Circuit · Jun 9, 1993

If an adequate factual basis *919 supports the district court’s decision, we should review the decision under the clearly erroneous standard. Bowen, 925 F.2d at 1227 ; Church, 611 F.2d at 742. … This court has clearly held that the IRS has the “requisite law enforcement mandate” to qualify as a law enforcement agency. Lems, 823 F.2d at 379 .