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  • Lambert v. Richard

    59 F.3d 134 · Court of Appeals for the Ninth Circuit · Jul 10, 1995

    protected, Richard and Ream were not entitled to qualified immunity. … When the law is clearly established, public officials are immune only when they objectively could have believed that their conduct was lawful. Act Up/Portland v. Bagley, 988 F.2d 868, 871 (9th Cir.1993).

    Cited 7 timesPublished
  • Bryan v. MacPherson

    608 F.3d 614 · Court of Appeals for the Ninth Circuit · Jun 18, 2010

    Did Officer MacPherson Violate Bryan’s Clearly Established Rights? … Two other panels have recently, in cases involving different circumstances, concluded that the law regarding tasers is not sufficiently clearly established to warrant denying officers qualified immunity. Mattos v.

    Cited 14 timesPublished
  • Ward v. Gates

    52 F. App'x 341 · Court of Appeals for the Ninth Circuit · Nov 26, 2002

    immunity against money damages unless a reasonable officer would have known that they violated clearly established law. … Qualified immunity “requires a two-part analysis: 1) Was the law governing the official’s conduct clearly established? 2) Under that law, could a reasonable officer have believed the conduct was lawful?” Act Up!

    Cited 3 timesPublished
  • Way v. County of Venture

    Court of Appeals for the Ninth Circuit · Apr 19, 2006

    It denied qualified immunity to Brooks and Hanson on the basis of Giles v. … I therefore concur with the majority in finding that the officers are entitled to qualified immunity.

    Cited 0 timesPublished
  • Stivers v. Pierce

    71 F.3d 732 · Court of Appeals for the Ninth Circuit · Dec 1, 1995

    The qualified immunity doctrine shields government officials from liability, if “a reasonable government official could have believed that his conduct was lawful, in light of clearly established law and the information he … If the law prohibiting the conduct was clearly established and a reasonable official could not have believed his conduct lawful, then the official is not immune.

    Cited 121 timesPublished
  • Burlington Northern & Santa Fe Railway Co. v. Vaughn

    509 F.3d 1085 · Court of Appeals for the Ninth Circuit · Dec 7, 2007

    As with absolute, qualified, and Eleventh Amendment immunity, tribal sovereign immunity “is an immunity from suit rather than a mere defense to liability; and ... it is effectively lost if a case is erroneously permitted … Clearly it has done so.

    Cited 68 timesPublished
  • Advanced Building & Fabricatio v. Curtis Ayers

    Court of Appeals for the Ninth Circuit · Mar 13, 2019

    DISCUSSION To survive a claim of qualified immunity, the plaintiff must show: “(1) that the right was violated; and (2) that the right was clearly established at the time of the alleged misconduct.” Isayeva v. … Moreover, this right was “clearly established” following the Court’s opinion in Wilson in 1999.

    Cited 0 timesPublished
  • Grenning v. Key

    Court of Appeals for the Ninth Circuit · Aug 26, 2026

    “Government officials enjoy qualified immunity from suit under § 1983 unless their conduct violates clearly established law.” Zorn v. Linton, 146 S. Ct. 926, 930 (2026). … Assuming a constitutional violation here, Wise and Key are entitled to qualified immunity on the “clearly established” prong.

    Cited 0 timesPublished
  • Fuller v. County of Orange

    276 F. App'x 675 · Court of Appeals for the Ninth Circuit · May 2, 2008

    Because the facts, viewed in the light most favorable to Fuller, establish a constitutional violation, we turn to whether the individual Defendants are entitled to qualified immunity. … The individual Defendants are not eligible for qualified immunity under California law because California denies qualified immunity to officers who use excessive force. See Robinson v.

    Cited 2 timesPublished
  • Pellegrino v. United States

    73 F.3d 934 · Court of Appeals for the Ninth Circuit · Jan 10, 1996

    In Mitchell , the Court held that qualified immunity is not a mere defense but rather an immunity from suit which would be lost if the case erroneously went to trial; therefore, denial of qualified immunity is an appropriate … A determination of qualified immunity turns “on the resolution of the essentially legal question whether the conduct of which the plaintiff complains violated clearly established law.” Id. at 526 , 105 S.Ct. at 2815 .

    Cited 11 timesPublished
  • 96 Cal. Daily Op. Serv. 1656, 96 Daily Journal D.A.R. 2810 Terry F. Newell v. Frank Sauser Lou Easter Sharon Starr, Sgt., Disciplinary Committee Chairperson Tom Reimer, Sgt. Robert Hartzler, Officer of the Spring Creek Correctional Center in Their Individual and Official Capacities

    79 F.3d 115 · Court of Appeals for the Ninth Circuit · Mar 11, 1996

    Bagley, 988 F.2d 868, 871 (9th Cir.1993). 6 The qualified immunity doctrine protects government officials from liability for civil damages "insofar as their conduct does not violate clearly established statutory or constitutional … Analysis of a claim of qualified immunity entails three steps: "(1) the identification of the specific right allegedly violated; (2) the determination of whether that right was so 'clearly established' as to alert a reasonable

    Cited 0 timesPublished
  • Detrice Garmon v. County of Los Angeles

    828 F.3d 837 · Court of Appeals for the Ninth Circuit · Jul 5, 2016

    The panel held that the prosecutor was absolutely immune for issuing the subpoena and for using the plaintiff’s medical information at trial. She was entitled to qualified immunity, at most, for her declaration. … In determining whether actions of government officials are entitled to absolute immunity, or only subject to qualified immunity, we focus on “the nature of the function performed.” Buckley v.

    Cited 253 timesPublished
  • McSherry v. City of Long Beach

    423 F.3d 1015 · Court of Appeals for the Ninth Circuit · Sep 8, 2005

    Pre-trial dismissal on qualified immunity grounds is inappropriate if the plaintiff establishes that material issues of fact exist. LaLonde v. … "[T]here is a clearly established constitutional due process right not to be subjected to criminal charges on the basis of false evidence that was deliberately fabricated by the government."

    Cited 42 timesPublished
  • Anthony Reed v. Doug Lieurance

    863 F.3d 1196 · Court of Appeals for the Ninth Circuit · Jul 24, 2017

    “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … The Court also notes that even if Deputy Lieurance were entitled to qualified immunity on Reed’s Fourth Amendment claim, Montana courts do not afford defendants qualified immunity for claimed state constitutional violations

    Cited 130 timesPublished
  • Edgerly v. City and County of San Francisco

    Court of Appeals for the Ninth Circuit · Jul 16, 2007

    Katz, 533 U.S. 194 (2001), police officers are entitled to qualified immunity from § 1983 claims unless (1) their alleged conduct violated a con- stitutional right, and (2) that right was clearly established. … Also, because no reasonable officer could have believed, in light of clearly established law, that the search as described by Edgerly was constitutional, the Officers are not entitled to qualified immunity for the search.

    Cited 0 timesPublished
  • Sam Friedenberg v. Lane County

    68 F.4th 1113 · Court of Appeals for the Ninth Circuit · May 19, 2023

    LANE COUNTY center to remove a case when the United States fails to inform the state court whether the FTCA remedy is available. 42 U.S.C. § 233(l)(2) (establishing that if an action qualifying for immunity under § 233 … The statute, however, clearly establishes that procedural objections become ripe when a defendant files the notice of removal.

    Cited 30 timesPublished
  • Burdette v. Butte County

    121 F. App'x 701 · Court of Appeals for the Ninth Circuit · Jan 28, 2005

    We review the district court’s decision to grant summary judgment on grounds of qualified immunity de novo. … In ruling on qualified immunity, we must consider whether, “taken in the light most favorable to the party asserting the injury, [] the facts alleged show the officer’s conduct violated a constitutional right” that is clearly

    Cited 2 timesPublished
  • Tennison v. Sanders

    Court of Appeals for the Ninth Circuit · Dec 8, 2008

    The Inspectors moved for summary judgment on the basis of absolute and qualified immunity. … If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.

    Cited 0 timesPublished
  • Tekle Ex Rel. Tekle v. United States

    511 F.3d 839 · Court of Appeals for the Ninth Circuit · Dec 3, 2007

    "[I]n the absence of binding precedent, we `look to whatever decisional law is available to ascertain whether the law is clearly established for qualified immunity purposes, including decisions of state courts, other circuits … As stated above, the UNITED STATES shall not be shielded in qualified immunity from liability for civil damages when the conduct of its agents violates clearly established or constitutional rights of which a reasonable person

    Cited 138 timesPublished
  • 97 Cal. Daily Op. Serv. 2114, 97 Cal. Daily Op. Serv. 3975, 97 Daily Journal D.A.R. 3919 Keith Somers v. Otis Thurman, Warden John Ratelle, Warden C. Lovvorn H. Castango J. Volletti Jesse Miles Unknown Martinez Unk. Booke Unk. Porter Unk. Brown, and Brenda Cash Unk. Walls Unk. Shabazz Unk. Wheat Unk. Gomez Unk. Ferguson Unk. Johnson Unk. Rivera

    109 F.3d 614 · Court of Appeals for the Ninth Circuit · May 28, 1997

    If it was not clearly established, the official is entitled to immunity from suit. (2) If the law was clearly established, we proceed to ask if under that law, a reasonable official could have believed the conduct was lawful … Therefore, an official is denied qualified immunity only if the law was clearly established and a reasonable official could not have believed the conduct was lawful. 9 We are concerned in this case only with the first inquiry

    Cited 0 timesPublished

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