Case law

Kulas v. Valdez

159 F.3d 453 · Court of Appeals for the Ninth Circuit · Oct 29, 1998

The Court stated that the limits of qualified immunity should be defined in objective terms, with the reasonableness of an official’s conduct measured by reference to clearly established law. … Because the state of the law was clearly established at the time of Dr. Hoffert’s alleged actions, the principal question before this Court for qualified immunity purposes is whether Dr.

Kelly v. City of Oakland

198 F.3d 779 · Court of Appeals for the Ninth Circuit · Nov 23, 1999

The City, however, is not entitled to qualified immunity for these violations. … Whether a particular federal right was clearly established at a particular time presents a pure question of law which must be resolved de novo on appeal. See Elder v.

Herb Hallman Chevrolet, Inc. v. Nash-Holmes

169 F.3d 636 · Court of Appeals for the Ninth Circuit · Mar 3, 1999

This Court also reviews de novo the district court’s decision to afford public officials qualified or absolute immunity. See Hervey, 65 F.3d at 788 . … A prosecutor may only shield his investigative work with qualified immunity. See Buckley v. Fitzsimmons, 509 U.S. 259, 273 , 113 S.Ct. 2606, 2615 , 125 L.Ed.2d 209 (1993).

Finks v. City of North Las Vegas

135 F. App'x 976 · Court of Appeals for the Ninth Circuit · Jun 22, 2005

Violation of Clearly Established Law Bailey also appeals the district court’s determination that his conduct violated clearly established law. … rights and was governed by clearly established law.

Tom Hudson & Associates, Inc., and Tom Hudson v. City of Chula Vista, Sca Services Inc., and Chula Vista Sanitary Service, Inc.

746 F.2d 1370 · Court of Appeals for the Ninth Circuit · Nov 5, 1984

Thus, to qualify for Parker v. … The State of California has plainly established a “clearly articulated and affirmatively expressed” policy that supports Chula Vista’s grant of an exclusive trash hauling contract to CVSS.

Grant v. City of Long Beach

315 F.3d 1081 · Court of Appeals for the Ninth Circuit · Dec 16, 2002

Qualified Immunity 27 Officers Watson and Bahash also appeal the district court's denial of their request for qualified immunity as a matter of law. We review this issue de novo. See Janes, 279 F.3d at 886 . … When a police officer asserts qualified immunity, we must apply a two-part analysis under Saucier v.

Joseph Olson, Monica Olson, Javier Vargas v. United States

362 F.3d 1236 · Court of Appeals for the Ninth Circuit · Apr 2, 2004

The government bears the burden of establishing that the test is met and that discretionary immunity applies. Miller, 163 F.3d at 594 . … In sum, the government has failed to establish that discretionary immunity applies with respect to either Kirk’s or Var-land’s actions. See Miller, 163 F.3d at 594 .

Lumbreras v. Roberts

156 F. App'x 952 · Court of Appeals for the Ninth Circuit · Dec 7, 2005

The district court granted Defendants’ motion for summary judgment, finding that they were entitled to qualified immunity. On de novo review, Yakutat, Inc. v. … It is not clearly established under Oregon law that BOLI could have permitted Plaintiffs to continue operating under their farm labor license while it investigated the forest license discrepancies.

Armstrong v. Wilson

124 F.3d 1019 · Court of Appeals for the Ninth Circuit · Aug 27, 1997

Murray, 57 F.3d 1340 (4th Cir.1995), cert. denied, — U.S. -, 116 S.Ct. 772 , 133 L.Ed.2d 724 (1996), in which the Fourth Circuit held that prison officials were entitled to qualified immunity because it was not “clearly established … ELEVENTH AMENDMENT IMMUNITY We next address the defendants’ contention that sovereign immunity bars this suit in federal court.

Bennett v. Campbell

564 F.2d 329 · Court of Appeals for the Ninth Circuit · Nov 10, 1977

immunity which might insulate them from liability for damages. … Under this qualified immunity doctrine, 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

Hason v. Medical Board of California

279 F.3d 1167 · Court of Appeals for the Ninth Circuit · Feb 12, 2002

In so holding, the District Court failed to recognize the long-established exception to Eleventh Amendment immunity carved out by Ex Parte Young, 209 U.S. 123 , 28 S.Ct. 441 , 52 L.Ed. 714 (1908). … Hason adequately alleges that he is a qualified individual with a disability. See Love v.

Orff v. United States

358 F.3d 1137 · Court of Appeals for the Ninth Circuit · Feb 18, 2004

The Barcellos judgment does not qualify the farmers for the § 390uu waiver of sovereign immunity, either. … Nor do the farmers qualify for the waiver of sovereign immunity under § 390uu.

45 Fed. R. Evid. Serv. 1143, 96 Cal. Daily Op. Serv. 8007, 96 Daily Journal D.A.R. 13,300 Johanna Trevino v. Daryl Gates Tom Bradley Tom Reddin Roger Murdock Ed Davis Herbert Boeckmann James Fisk Stephen Gavin Maxwell Greenberg Elbert Hudson Marguerite Justice Emmett McGaughey Salvador Montenegro Barbara Schlei Robert Talcott Reva Tooley Robert Weil Samuel Williams Stephen Yslas Lapd Officers Jerry Brooks Joseph Callian Warren Sirk Richard Spellman Gary Strickland James Tippings Richard Zierenberg Manuel Avila Charles Bennett Brian Davis John Fruge Joseph Freia E.T. Guiza Peter Sanchez Reginald Weaver James Toma C.S. Winston Philip Wixon Gary Zerbey Joel Wachs Joy Picus John Ferraro Zev Yaroslavsky Ruth Galanter Ernani Bernardi Nate Holden Marvin Braude Hal Bernson Michael Woo Joan Flores One Hundred Unknown Named Employees or Officials of the City of Los Angeles, All in Both Their Individual and Official Capacities City of Los Angeles, Johanna Trevino v. Daryl F. Gates, Chief of Police Tom Bradley Tom Reddin Roger Murdock Ed Davis Herbert Boeckmann James Fisk Stephen Gavin Maxwell Greenberg Elbert Hudson Marguerite Justice Emmett McGaughey Salvador Montenegro Barbara L. Schlei Robert Talcott Reva B. Tooley Robert Weil Samuel L. Williams Stephen D. Yslas Jerry Brooks Joseph Callian Warren Eggar David B. Harrison John Helms Michael Sirk Richard Spellman Gary Strickland James Tippings Richard Zierenberg Manuel Avila Charles Bennett Brian Davis John Fruge Joseph Freia E.T. Guiza Peter Sanchez Reginald Weaver James Toma C.S. Winston Philip Wixon Gary Zerbey Joel Wachs Joy Picus John Ferraro Zev Yaroslavsky Ruth Galanter Ernani Bernardi Nate Holden Marvin Braude Hal Bernson Michael Woo Joan Milke Flores One Hundred Unknown Named Employees/officials of the City of Los Angeles, All in Both Their Individual and Official Capacities City of Los Angeles

99 F.3d 911 · Court of Appeals for the Ninth Circuit · Nov 1, 1996

qualified immunity. … Gov.Code § 825(b). 22 Because Trevino failed to demonstrate that the Councilmembers' conduct violated a clearly established constitutional right, we need not address the second prong of the qualified immunity test.

United States v. Tucor International, Inc.

238 F.3d 1171 · Court of Appeals for the Ninth Circuit · Jan 25, 2001

The government’s position in the Tucor prosecution was that the immunity provisions in Section 7 apply only to entities that engage in some common carrier activity, that is, to entities that do qualify as common carriers … But lack of bad faith is already established by the district court’s finding that the government honestly believed that the Section 7 immunities did not apply to Appellants.

Iris Mena v. City Of Simi Valley

354 F.3d 1015 · Court of Appeals for the Ninth Circuit · Jan 14, 2004

To defeat qualified immunity, the panel would then have needed to establish that a reasonable officer would have known about this novel proposition of law. 13 I am unable to imagine the reasonable police officer that the … Mena asserts on either of the above grounds, 2 then I would agree with my colleague Judge Kleinfeld that qualified immunity would be required because no "clearly established" right has been violated. 32 For these reasons

Jose Padilla v. John Yoo

Court of Appeals for the Ninth Circuit · May 2, 2012

YOO tiffs’ RFRA claims on the basis of qualified immunity, hold- ing that RFRA’s application “to the military detention setting” was not clearly established at the time of the alleged viola- tions. Id. at 560. … YOO Yoo is entitled to qualified immunity, however, because it was not clearly established in 2001-03 that the treatment to which Padilla says he was subjected amounted to torture.

Center for Bio-Ethical Reform, Inc. v. Los Angeles County Sheriff Department

Court of Appeals for the Ninth Circuit · Jul 2, 2008

[13] Qualified immunity involves a two-step inquiry: (1) whether the officer’s conduct violated a constitutional right; and (2) whether that right was clearly established when viewed in the context of this case. … As discussed above, Plaintiffs have established that Defendants violated their constitutional rights. We must therefore decide whether those rights were clearly established.

Tomas Armendariz Rosa Armendariz Harry Julian Brown, Jr. Lance A. Bukouskis v. James F. Penman W.R. Holcomb David M. Stachowski Cecil Dillard Kenneth J. Henderson, Tomas Armendariz Rosa C. Armendariz Harry Julian Brown, Jr. Lance A. Bukouskis v. James F. Penman W.R. Holcomb David M. Stachowski Cecil Dillard Kenneth J. Henderson, and Al Boughey Larry Reed, Tomas Armendariz Rosa C. Armendariz v. James F. Penman

31 F.3d 860 · Court of Appeals for the Ninth Circuit · Aug 1, 1994

Clearly Established 44 The plaintiff bears the burden of proving that the constitutional right allegedly violated was clearly established at the time of the alleged misconduct. Baker v. … Plaintiffs have not stated a constitutional claim against Henderson and Nazario, therefore Henderson and Nazario have already established qualified immunity.

Krl v. Aquaro

Court of Appeals for the Ninth Circuit · Jan 16, 2008

If yes, “the next, sequential step is to ask whether the right was clearly estab- lished.” Id. … Although our prior decision granted Riebe qualified immu- nity, it denied qualified immunity for Hall.

Graves v. City of Coeur D'Alene

339 F.3d 828 · Court of Appeals for the Ninth Circuit · Aug 1, 2003

Whether a right is “clearly established” for purposes of qualified immunity is an inquiry that “must be undertaken in light of the specific context of the case, not as a broad general proposition.” … clearly established.