Case law
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281 F.3d 1014 · Court of Appeals for the Ninth Circuit · Feb 26, 2002
In contrast to qualified immunity, absolute immunity does not require the official to have acted reasonably or in accordance with clearly established law. … immunity question whether the official's alleged conduct violated clearly established law, which is an "essentially legal question."
Cited 0 timesPublishedDetrice 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 timesPublished575 F.3d 891 · Court of Appeals for the Ninth Circuit · Aug 4, 2009
We leave to the district court to address in the first instance any claims of qualified immunity that may be asserted by any of the Officers with regard to the roadblock. 2. … It held that, even if the stop was determined to be unlawful and to taint the probable cause for the arrest, this principle was not clearly established law at the time of the arrest.
Cited 29 timesPublishedMcSherry 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 timesPublishedKirstin Johnson v. Kierstie Barr
Court of Appeals for the Ninth Circuit · Aug 18, 2023
the law did not clearly establish that probable cause was lacking. … BARR clearly establish that probable cause was lacking. This reasonable officer standard for qualified immunity differs from the prudent person standard guiding our probable cause for arrest analysis.
Cited 0 timesPublished121 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 timesPublishedCourt 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 timesPublishedTekle 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 timesPublishedElizabeth Cornel v. State of Hawaii
37 F.4th 527 · Court of Appeals for the Ninth Circuit · Jun 10, 2022
Cornel’s state law claims fail because Hawai‘i is immune from liability for her intentional tort claims and Cornel failed to establish negligence. 4 CORNEL V. … As a state official, Kauahi is entitled to qualified immunity from a claim for damages unless Cornel raises a genuine issue of fact showing (1) a violation of a constitutional right that (2) was clearly established at the
Cited 86 timesPublished383 F.3d 1058 · Court of Appeals for the Ninth Circuit · Sep 21, 2004
The Law Was Not Clearly Established That Officers Needed Probable Cause 74 An officer is immune from § 1983 liability if the constitutional violation upon which the claim is based was not "clearly established" at the time … immunity if their actions were not clearly established to be a constitutional violation on March 18, 1999.
Cited 0 timesPublishedDemont R.D. Conner v. Theodore Sakai
994 F.2d 1408 · Court of Appeals for the Ninth Circuit · Jun 2, 1993
Under the doctrine of qualified immunity, the issue is whether the right infringed was clearly established at the time of the defendant’s complained-of action, and whether a reasonable official could have believed that his … The right to call witnesses at a disciplinary hearing has been clearly established since Wolff v. McDonnell was decided in 1974.
Cited 9 timesPublished72 F. App'x 642 · Court of Appeals for the Ninth Circuit · Aug 5, 2003
rights; and (2) those rights were clearly established. … Huntley cannot be held liable for Houtz’ conduct; to survive Huntley’s claim to qualified immunity Stinnett must point to something that Huntley personally did to violate his clearly established federal rights.
Cited 0 timesPublishedKenneth J. Haugen v. Rochelle Brosseau, Puyallup Police Department the City of Puyallup
339 F.3d 857 · Court of Appeals for the Ninth Circuit · Aug 4, 2003
It held that, even if the shooting constituted excessive force under the Fourth Amendment, Brosseau had not violated a clearly established right and was therefore protected by qualified immunity. … She is not entitled to immunity if the Fourth Amendment right at issue was clearly established. See id.
Reversed on other grounds by Brosseau v. Haugen, 543 U.S. 194 (2004)Cited 42 timesPublished79 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 timesPublishedSam 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 timesPublishedCourt of Appeals for the Ninth Circuit · Feb 4, 2008
If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.” Id. at 200-01. … Even if a reasonable jury might conclude the officer lacked probable cause, the arrest was not contrary to any clearly established law, so the officer was entitled to qualified immunity from a jury trial.
Cited 0 timesPublished75 F.3d 1311 · Court of Appeals for the Ninth Circuit · Feb 7, 1996
immunity because their actions did not violate any clearly established federal constitutional or statutory rights. … The defendants are entitled to qualified immunity only "insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Harlow v.
Cited 1 timesPublishedPervaiz Chaudhry v. Tomas Aragon
68 F.4th 1161 · Court of Appeals for the Ninth Circuit · May 23, 2023
or absolute immunity.” … They wanted it specified clearly.
Cited 51 timesPublishedShoshone-Bannock Tribes v. Fish & Game Commission
42 F.3d 1278 · Court of Appeals for the Ninth Circuit · Dec 16, 1994
Id. 44 State officials are entitled to qualified immunity if their conduct did "not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Harlow v. … Where the defendant raises the affirmative defense of qualified immunity, the initial burden is upon the plaintiff to show that the rights were clearly established, after which the defendant bears the burden of proving that
Cited 8 timesPublishedAlexander v. City And County Of San Francisco
29 F.3d 1355 · Court of Appeals for the Ninth Circuit · Jul 8, 1994
Qualified immunity 39 Defendants argue that they are entitled to summary judgment based on qualified immunity. … Kitsap County, 931 F.2d 624, 627 (9th Cir.1991) (citations omitted). 42 Defendants argue that they are entitled to qualified immunity because Quade had "no clearly established constitutional or statutory right ... not to
Abrogated by County of Los Angeles v. Mendez, 137 S. Ct. 1539 (2017)Cited 101 timesPublished
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