Willard S. Walker v. John O. Hoffman, Russell B. Halliday, Dale L. Farley, Merle Hofferber, W. P. Ronayne, Edward Lewis, Jr., & Does I Through X, 583 F.2d 1073 (9th Cir. 1978). · Go Syfert
Willard S. Walker v. John O. Hoffman, Russell B. Halliday, Dale L. Farley, Merle Hofferber, W. P. Ronayne, Edward Lewis, Jr., & Does I Through X, 583 F.2d 1073 (9th Cir. 1978). Cases Citing This Book View Copy Cite
16 citation events (2 in the last 25 years) across 8 distinct courts.
Strongest positive: Daw Industries, Inc. v. Hanger Orthopedic Group, Inc. (ca9, 2014-02-24)
Top citers, strongest first. 15 distinct citers. How cited ↗
discussed Cited as authority (rule) Daw Industries, Inc. v. Hanger Orthopedic Group, Inc.
9th Cir. · 2014 · confidence medium
“A party opposing a motion for summary judgment simply cannot make a secret of his evidence until the trial, for in doing so he risks the possibility that there will be no trial.” Walker v. Hoffman, 583 F.2d 1073, 1075 (9th Cir.1978) (per curiam).
cited Cited as authority (rule) Chaganti v. 12 Phone International, Inc.
N.D. Cal. · 2007 · confidence medium
Farmilant v. Singapore Airlines, Ltd., 561 F.Supp. 1148, 1151 (N.D.Ill.1983) (Shadur, J.), citing Walker v. Hoffman, 583 F.2d 1073, 1075 (9th Cir.1978).
discussed Cited as authority (rule) Michigan State Podiatry Ass'n v. Blue Cross & Blue Shield of Michigan
E.D. Mich. · 1987 · confidence medium
Walker v. Hoffman, 583 F.2d 1073, 1075 (9th Cir.1978); Martin v. City of New York, 627 F.Supp. 892, 897 (E.D.N.Y.1985); Frankford Hospital v. Blue Cross of Greater Philadelphia, 417 F.Supp. 1104, 1110 (E.D.Pa.1976), aff'd, 554 F.2d 1253 (3d Cir.), cert. denied, 434 U.S. 860 , 98 S.Ct. 186 , 54 L.Ed. 2d 133 (1977).
discussed Cited as authority (rule) Fay Corp. v. Bat Holdings I, Inc.
W.D. Wash. · 1987 · confidence medium
See, e.g., Frederick S. Wyle, P.C. v. Texaco, Inc., 764 F.2d 604, 605 (9th Cir.1985); Walker v. Hoffman, 583 F.2d 1073, 1074 (9th Cir.1978), cert. denied, 439 U.S. 1127 , 99 S.Ct. 1044 , 59 L.Ed.2d 88 (1979); Keene Corp. v. International Fidelity Ins.
discussed Cited as authority (rule) Factofrance Heller v. I.P.M. Precision MacHinery Co.
N.D. Ill. · 1986 · confidence medium
Walker v. Hoffman, 583 F.2d 1073, 1075 (9th Cir.1978) (quoting Donnelly v. Guion, 467 F.2d 290, 293 (2d Cir.1972)) teaches a litigant cannot hold back evidence on a summary judgment motion: The non-movant has an affirmative duty to come forward to meet a properly supported motion for summary judgment: A party opposing a motion for summary judgment simply cannot make a secret of his evidence until the trial, for in doing so he risks the possibility that there will be no trial.
cited Cited as authority (rule) James C. O'Byrne v. Cheker Oil Company and Marathon Oil Company
7th Cir. · 1984 · confidence medium
Walker v. Hoffman, 583 F.2d 1073, 1075 (9th Cir.1978); Donnelly v. Guion, 467 F.2d 290, 293 (2d Cir.1972).
cited Cited as authority (rule) Jack Harris, II v. City of Roseburg, Municipal Corporation, John Miller and Les Bergman
9th Cir. · 1981 · confidence medium
Corp. v. Kirkemo, 533 F.2d 455 , 463-64 (9 Cir. 1976); Walker v. Hoffman, 583 F.2d 1073, 1074-75 (9 Cir. 1978), cert. denied, 439 U.S. 1127 , 99 S.Ct. 1044 , 59 L.Ed.2d 88 (1979). 11 .
discussed Cited as authority (rule) United States v. Joseph F. Kenealy, Anna M. Kenealy, Michael F. Kenealy, Manor Mortgage Co., Inc., and Kenco Realty Company
1st Cir. · 1981 · confidence medium
A summary judgment motion is intended to “smoke out” the facts so that the judge can decide if anything remains to be tried.’ ” Walker v. Hoffman, 583 F.2d 1073, 1075 (9th Cir. 1978) (per curiam), ce rt. denied, 439 U.S. 1127 , 99 S.Ct. 1044 , 59 L.Ed.2d 88 (1979) (quoting Donnelly v. Guion, 467 F.2d 290, 293 (2d Cir. 1972)).
discussed Cited as authority (rule) Vincenty v. Eastern Air Lines
D.P.R. · 1981 · confidence medium
A summary motion is intended to “smoke out” the facts so that the judge can decide if anything remains to be tried.’ ” Walker v. Hoffman, 583 F.2d 1073, 1075 (9th Cir. 1978) (per curiam) cert. denied 439 U.S. 1127 , 99 S.Ct. 1044 , 59 L.Ed.2d 88 , cited with approval in U. S. v. Kenealy, supra.
discussed Cited "see" Conway Corp. v. Ahlemeyer
N.D. Ill. · 1991 · signal: see · confidence high
See Walker v. Hoffman, 583 F.2d 1073, 1075 (9th Cir.1978), quoting Donnelly v. Guion, 467 F.2d 290, 293 (2d Cir.1972): The non-movant has an affirmative duty to come forward to meet a properly supported motion for summary judgment: A party opposing a motion for summary judgment simply cannot make a secret of his evidence until the trial, for in doing so he risks the possibility that there will be no trial.
discussed Cited "see" American Floral Services, Inc. v. Florists' Transworld Delivery Ass'n
N.D. Ill. · 1986 · signal: see · confidence high
See Walker v. Hoffman, 583 F.2d 1073, 1075 (9th Cir.1978), quoting Donnelly v. Guion, 467 F.2d 290, 293 (2d Cir.1972): The non-movant has an affirmative duty to come forward to meet a properly supported motion for summary judgment: A party opposing a motion for summary judgment simply cannot make a secret of his evidence until the trial, for in doing so he risks the possibility that there will be no trial.
discussed Cited "see" Refrigeration Sales Co. v. Mitchell-Jackson, Inc.
N.D. Ill. · 1983 · signal: see · confidence high
See Walker v. Hoffman, 583 F.2d 1073, 1075 (9th Cir.1978), quoting Donnelly v. Guion, 467 F.2d 290, 293 (2d Cir.1972): The non-movant has an affirmative duty to come forward to meet a properly supported motion for summary judgment: A party opposing a motion for summary judgment simply cannot make a secret of his evidence until the trial, for in doing so he risks the possibility that there will be no trial.
discussed Cited "see" Clay v. Director, Juvenile Division, Illinois Department of Corrections
N.D. Ill. · 1983 · signal: see · confidence high
See Walker v. Hoffman, 583 F.2d 1073, 1075 (9th Cir.1978), quoting Donnelly v. Guion, 467 F.2d 290, 293 (2d Cir.1972): The non-movant has an affirmative duty to come forward to meet a properly supported motion for summary judgment: A party opposing a motion for summary judgment simply cannot make a secret of his evidence until the trial, for in doing so he risks the possibility that there will be no trial.
cited Cited "see" Farmilant v. Singapore Airlines, Ltd.
N.D. Ill. · 1983 · signal: see · confidence high
See Walker v. Hoffman, 583 F.2d 1073, 1075 (9th Cir.1978) (quoting Donnelly v. Guion, 467 F.2d 290, 293 (2d Cir.1972)), cert. denied, 439 U.S. 1127 , 99 S.Ct. 1044 , 59 L.Ed.2d 88 (1979).
discussed Cited "see" Keene Corp. v. International Fidelity Insurance
N.D. Ill. · 1983 · signal: see · confidence high
See Walker v. Hoffman, 583 F.2d 1073, 1075 (9th Cir.1978), quoting Donnelly v. Guion, 467 F.2d 290, 293 (2d Cir.1972): *666 The non-movant has an affirmative duty to come forward to meet a properly supported motion for summary judgment: A party opposing a motion for summary judgment simply cannot make a secret of his evidence until the trial, for in doing so he risks the possibility that there will be no trial.
Retrieving the full opinion text from the archive…
Willard S. WALKER, Plaintiff-Appellant,
v.
John O. HOFFMAN, Russell B. Halliday, Dale L. Farley, Merle Hofferber, W. P. Ronayne, Edward Lewis, Jr., and Does I Through X, Defendants-Appellees
77-2694.
Court of Appeals for the Ninth Circuit.
Jun 23, 1978.
583 F.2d 1073
William B. Murray (argued), Portland, Or., for plaintiff-appellant., William B. Borgeson, Asst. U. S. Atty. (argued), Portland, Or., for defendants-ap-pellees.
Hug, Per Curiam, Smith, Wallace.
Cited by 16 opinions  |  Published
PER CURIAM:

Willard S. Walker appeals from a judgment of the United States District Court for the District of Oregon, Robert C. Bello-ni, Judge, granting summary judgment for the appellees, employees of the U.S. Forest Service. Walker alleges that the appellees conspired to and did deprive him of his constitutional rights to prospect and mine public domain land open to mineral entry,[*1074] and to maintain structures necessary for such mining. Walker further maintains that the destruction of his cabin and confiscation of his personal property were unlawful, exceeding the authority of the forestry officials. Accordingly, he seeks monetary damages pursuant to rights granted by the fifth amendment to the U.S. Constitution and 42 U.S.C. § 1985(3).

The district court adopted the findings of the United States Magistrate, who determined that the appellees’ claim of qualified immunity was supported by substantial undisputed evidence. We concur with these findings of fact and law, and affirm the district court’s grant of summary judgment for the appellees.

Facts

Appellant Walker was the claimant of a mining lode claim on U.S. Forest Service lands. In an attempt to eliminate unauthorized use of such property, the Forest Service conducted mineral examinations of the claim during the years 1967-68, finding that the claim was being used improperly as a summer home, and not for mining. The appellant was notified of this finding and was offered a “special use” permit which authorized temporary occupancy of the cabin located on the claim site.

In 1970, the Department of the Interior formally contested the validity of appellant’s claim. Appellant failed to answer the Department’s complaint, and the mining claim was declared null and void by the Bureau of Land Management. The appellant did not appeal, and the decision became final on April 1, 1971.

Appellant then recorded a “placer claim,” which covered approximately the same territory as the previously invalidated lode claim. A number of structures, including a cabin and tool shed, stood on this property.

Following the April 1 decision by the Bureau of Land Management, the Forest Service maintained that the presence of the appellant’s cabin and personal property on the claim site was unlawful under the terms of 36 C.F.R. § 261.11. It move to eliminate these structures following procedures mandated by the Forest Service Manual § 2811.-52. In December, 1972, the appellant was ordered to remove the disputed structures and other property by May 1, 1973. Notice of intention to impound property pursuant to 36 C.F.R. § 261.16(c) was delivered to appellant on October 2, 1973.

The appellant did not remove his property, nor did he accept the special use permit offered by the Forest Service. Following the receipt of advice from the Regional Attorney that appellant’s placer claim did not authorize continued occupancy of the disputed site, forestry officials confiscated and sold appellant’s personal property, and burned his cabin and sheds. This civil rights action followed.

Discussion

In reviewing the district court’s grant of summary judgment for the appellees, we must determine whether the parties presented any triable issues of fact, and, if no such issues exist, whether the appellees were entitled to a judgment as a matter of law. Mutual Fund Investors, Inc. v. Putnam Management Co., 553 F.2d 620 (9th Cir. 1977); 6 Moore’s Federal Practice UK 56.04[1], 56.15[1],

In the instant action, forestry officials argue that they are entitled to prevail by virtue of the qualified immunity established in Scheuer v. Rhodes, 416 U.S. 232, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974) and explicated in Wood v. Strickland, 420 U.S. 308, 95 S.Ct. 992, 43 L.Ed.2d 214 (1975). This court has indicated that “a government officer performing acts in the course of official conduct is insulated from damage suits only if (1) at the time and in light of all the circumstances there existed reasonable grounds for the belief that the action was appropriate and (2) the officer acted in good faith.” Midwest Growers Co-op Corp. v. Kirkemo, 533 F.2d 455 (9th Cir. 1976); Mark v. Groff, 521 F.2d 1376 (9th Cir. 1975).

The standard here is both objective and subjective. In order to qualify for immunity, an officer must have reasonable, objective grounds for thinking his actions[*1075] lawful, and must act subjectively in good faith. In the case at bar, forestry officials submitted affidavits and supporting documents which demonstrate that they followed normal procedures in terminating the appellant’s occupancy of the claim site. The lode claim was declared invalid after a proceeding before the Bureau of Land Management, and appellees consulted the Regional Attorney to determine the legal effect of the appellant’s notice of placer claim. In short, the appellees have demonstrated both that they had reasonable grounds for believing their actions to be lawful, and that they acted in good faith.

In his amended complaint and accompanying affidavit, the appellant does aver that he was “harassed” by forestry officials. [App. at 65, 70] But this amounts to nothing more than an unsupported conclusory allegation insufficient to generate a “genuine issue” as to the good faith of the appel-lees.

The non-movant has an affirmative duty to come forward to meet a properly supported motion for summary judgment:

A party opposing a motion for summary judgment simply cannot make a secret of his evidence until the trial, for in doing so he risks the possibility that there will be no trial. A summary'judgment motion is intended to “smoke out” the facts so that the judge can decide if anything remains to be tried.

[Donnelly v. Guion, 467 F.2d 290, 293 (2d Cir. 1972)]

See also, Mutual Fund Investors, Inc. v. Putnam Management Co., supra, 553 F.2d at 624-25; ALW, Inc. v. United Air Lines, 510 F.2d 52 (9th Cir. 1975); 6 Moore’s Federal Practice H 56.15[2]; 10 Wright & Miller, Federal Practice and Procedure § 2739. The appellant has failed to meet this requirement.

The appellees have satisfied their burden of demonstrating that there is no genuine issue of fact disputed in this case, and summary judgment was therefore appropriately granted.

Affirmed.