Case law

Jerry Vierra v. James Nuti, Jr.

659 F. App'x 420 · Court of Appeals for the Ninth Circuit · Aug 18, 2016

immunity. … Taking the facts alleged in the complaint to be true, Nuti is not entitled to qualified immunity on this claim. See Lee v.

United States v. Hubert Hall Irvin, Jr.

450 F.2d 968 · Court of Appeals for the Ninth Circuit · Oct 8, 1971

The fact that appellant did not cooperate with his attorney does not establish that he was unable to assist in his own defense. … These letters clearly establish that even though the initial hearing might be viewed as "perfunctory", the judge's finding was correct and his failure to order a psychiatric examination was harmless under Rule 52(a), F.R.Crim.P

Hunt-Wesson Foods, Inc. v. Ragu Foods, Inc. And Chesebrough-Pond's, Inc.

627 F.2d 919 · Court of Appeals for the Ninth Circuit · Sep 29, 1980

Such clearly exclusionary behavior, even though it poses no immediate measurable danger to the market, presents the potential for mischief. … Kiernan made detailed statements, based on his personal knowledge and supported by documentary evidence, explaining that the introductory discounts were equally available to any qualified purchaser in any market.

Earl v. Thompson

103 F.3d 138 · Court of Appeals for the Ninth Circuit · Nov 20, 1996

See id. at 1300-01. 5 Here, the record indicates that defendants are entitled to qualified immunity because Earl failed to demonstrate that he had a clearly established right to receive a pre-segregation hearing at the time

Manuel Diaz Arteaga v. Immigration and Naturalization Service

836 F.2d 1227 · Court of Appeals for the Ninth Circuit · Apr 6, 1988

This court has said that “our case law quite clearly establishes that the legal difference between ‘clear probability’ and ‘well-founded fear’ must be respected.” Rebollo-Jovel v. INS, 794 F.2d 441, 444 (9th Cir.1986). … Clearly, forced recruitment into the war against the government is politically motivated. Cf. id. (possible retribution for unpaid financial debt not political). 9 .

United States v. Maria Ferro

681 F.3d 1105 · Court of Appeals for the Ninth Circuit · Jun 11, 2012

While the parties disputed whether Maria even qualified as an owner under the statute,6 the dis- trict court assumed without deciding that Maria was an owner of the property under the statute but that she nonetheless was … Maria contends that she is an innocent owner and therefore that the property is entirely immune from civil forfeiture.

Schad v. Ryan

595 F.3d 907 · Court of Appeals for the Ninth Circuit · Sep 11, 2009

Through this impeachment, the defense established Duncan had a motivation to testify falsely. … We held that the court’s imposition of a nexus requirement was contrary to the clearly established rule set forth in Eddings. Id.

Alcazar v. Corp. of the Catholic Archbishop

627 F.3d 1288 · Court of Appeals for the Ninth Circuit · Mar 16, 2010

We have never clearly announced a test to determine whether an employee is a “minister” under the ministerial exception. In Bollard, Elvig, and Werft, we assumed the plain- tiffs were ministers. In EEOC v. … Rosas’s claim is thus barred by the Free Exercise Clause and the Establishment Clause of the First Amendment. AFFIRMED.

Lear Siegler, Inc. v. Lehman

842 F.2d 1102 · Court of Appeals for the Ninth Circuit · Mar 23, 1988

See Barry, 825 F.2d at 1334 . *1119 The federal government and state governments have been found culpable of bad faith conduct where they have acted (or failed to act) in disregard of clearly established statutory or constitutional … Patterson, 493 F.2d 598, 606 (5th Cir.1974) (defense of suit for violation of clearly-established voting rights law justified attorneys fee award).

Grisham v. Philip Morris U.S.A.

403 F.3d 631 · Court of Appeals for the Ninth Circuit · Mar 28, 2005

With respect to the immunity statute, we found it telling that in Naegele v. R.J. … court decisions have routinely relied on our decision in Soliman to dismiss tobacco lawsuits with claims similar to those made by Cannata and Grisham,12 Cali- fornia state courts in at least one other case have just as clearly

Andrew Gainer v. City of Troutdale

Court of Appeals for the Ninth Circuit · Mar 15, 2018

In 2013, however, when the events of this case took place, it was not clearly established that arriving at a suspect’s home to conduct a probable cause arrest if he agreed to step outside violated federal law. … Gainer would voluntarily exit his house so that a probable cause arrest could be made” did not violate clearly established law in 2013, the defendants are entitled to qualified immunity on this claim. See Tolan v.

Dino Kyzar v. Charles L. Ryan

430 F. App'x 630 · Court of Appeals for the Ninth Circuit · May 4, 2011

Neither the state’s requirement that Kyzar share peremptory challenges with Long, nor the empaneling of a death-qualified jury, violated any clearly established right to a fair trial. See Stilson v. … Thus, clearly established rights were not offended by the state court’s determination, singly, or overall.

Robert Alton Harris v. R. Pulley, Warden of the California State Prison at San Quentin, California

885 F.2d 1354 · Court of Appeals for the Ninth Circuit · Sep 28, 1989

The Court in McCree stated that even though “ ‘death qualification’ in fact produces juries somewhat more ‘conviction prone’ than ‘non-death-qualified’ juries_the Constitution does not prohibit the States from ‘death qualifying … Miller is clearly distinguishable from the circumstances presented in the instant matter.

Mario Gonzalez-Rivera v. Immigration & Naturalization Service

22 F.3d 1441 · Court of Appeals for the Ninth Circuit · Apr 28, 1994

CHOY, Circuit Judge, dissenting in part: The majority rejects the INS’ claim that Gonzalez failed to establish a prima facie violation of the Fourth Amendment under United States v. … Not clearly proceeding under the rubric of either prong, my colleagues then equate egregiousness with bad faith transgressions of the Fourth Amendment whose fruits would impermissibly compromise judicial integrity upon their

Delaware Valley Surgical Supply Inc. v. Johnson & Johnson

Court of Appeals for the Ninth Circuit · Apr 30, 2008

However, Supreme Court jurisprudence has been neither vague nor ambiguous in establishing the direct purchaser rule. … The direct purchaser rule is a clearly established tenet of antitrust law and this case falls within its mandate. 4678 DELAWARE VALLEY v. JOHNSON & JOHNSON C.

United States v. Peter Ward Pace

454 F.2d 351 · Court of Appeals for the Ninth Circuit · Jan 10, 1972

On May 21, 1969, Pace reported to the Armed Forces Examining and Entrance station, was given a physical inspection and found qualified, but refused to submit to induction. This prosecution followed. … In our opinion, that implicit finding is not clearly erroneous. Affirmed. 1 .

Maxwell v. Roe

606 F.3d 561 · Court of Appeals for the Ninth Circuit · May 20, 2010

For purposes of § 2254(d)(1), clearly established federal law consists of the holdings of the Supreme Court at the time of the state court decision; however, “circuit court precedent may be ‘persuasive’ in determining what … established law in Pate and Drope

State of Nevada, States of Wisconsin, Mississippi and Utah, Intervenors v. John Herrington, Secretary of the Department of Energy, Department of Ecology of the State of Washington v. John Herrington, Secretary of the Department of Energy

827 F.2d 1394 · Court of Appeals for the Ninth Circuit · Sep 17, 1987

States with potentially acceptable repository sites qualify for grants from the generator-fed Fund to cover their participation costs for specified activities. … The Act has the stated purposes of (1) establishing a schedule for the siting, construction, and operation of repositories that will assure adequate protection from the hazards of radioactive waste, (2) establishing federal

William J. Wineberg, and the Estate of Janet R. Wineberg, Deceased, William J. Wineberg v. Commissioner of Internal Revenue

326 F.2d 157 · Court of Appeals for the Ninth Circuit · Feb 20, 1964

trade or business of selling timber, and clearly distinguish the Starke 5 and other cases relied upon by petitioners. … However, the Tax Court found that none of the disputed sales, the gain from which it held to be ordinary income, qualified under Section 117(k) (2).

William Joseph Quinn v. Glen Robinson, United States Marshal for the Northern District of California

783 F.2d 776 · Court of Appeals for the Ninth Circuit · Feb 18, 1986

clearly erroneous. … But see id. at 1321 n. 11 (courts consider subjective fear in determining whether alien qualifies for grant of asylum).