Case law

Cinthia Ann Powers v. Plumas Unified School District

192 F.3d 1260 · Court of Appeals for the Ninth Circuit · Oct 21, 1999

dog sniff searches were not "clearly established" at the time of the search at issue. … "Government officials are given qualified immunity from civil liability under S 1983 `insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have

Brad Hufford v. James Mcenaney

249 F.3d 1142 · Court of Appeals for the Ninth Circuit · May 22, 2001

immunity, we have jurisdiction over the purely legal question of whether Hufford has established a claim supported by clearly established law. … Hufford, as the party seeking to deprive the defendants of qualified immunity, bears the burden of proving that the rights he claims were "clearly established" at the time they were allegedly violated.

Gausvik v. Perez

392 F.3d 1006 · Court of Appeals for the Ninth Circuit · Nov 18, 2004

of qualified immunity. … We hold that Perez was entitled to a defense of qualified immunity on all constitutional claims.

Douglas Gregory v. John J. Thompson

500 F.2d 59 · Court of Appeals for the Ninth Circuit · Aug 14, 1974

I For Gregory’s claim to be cognizable under the Civil Rights Act, he must establish that Judge Thompson was acting under color of state law and in so doing deprived him of some right, privilege, or immunity guaranteed by … Ronan, Judge Thompson should be able to claim a qualified immunity which would insulate him from civil liability if he acted in good faith even while using excessive force. See also Scheuer v.

Bat Rentals, Inc., a Nevada Corporation v. United States of America and State of Nevada, John Deere Industrial Equipment Co., Intervenor

479 F.2d 43 · Court of Appeals for the Ninth Circuit · Apr 12, 1973

In this case John Deere was the low bidder, and also, according to the Government, the only qualified bidder. … It is well established that when a sovereign surrenders its immunity from suit by statute, such a statute must be strictly construed against the surrender of such immunity. In Mann v.

Raymond D. JACKSON, Plaintiff-Appellee, v. Duncan A. McINTOSH; David Victorino, Defendants-Appellants

81 F.3d 112 · Court of Appeals for the Ninth Circuit · Apr 11, 1996

The doctors moved for summary judgment on the ground of qualified immunity. The district court denied the motion. The doctors appeal. … ANALYSIS The doctors contend that they are entitled to qualified immunity because there was no clearly established law requiring them to provide a kidney transplant to a prisoner on dialysis.

Tekele v. United States

457 F.3d 1088 · Court of Appeals for the Ninth Circuit · Aug 10, 2006

“[I]n the absence of binding prece- dent, 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 … Fitzgerald, 457 U.S. 800, 818 (1982) (Holding that govern- ment officials are entitled to qualified immunity in performing their dis- cretionary functions unless their actions “violate clearly established statutory or constitutional

Barnard v. Las Vegas Metropolitan Police Department

310 F. App'x 990 · Court of Appeals for the Ninth Circuit · Feb 4, 2009

Even assuming a constitutional violation, however, we conclude that the officers were entitled to qualified immunity because the right was not clearly estab *992 lished at the time of the alleged violation. … Because a reasonable officer would not have viewed Charles’ arrest as unlawful at the time, the officers in this case are entitled to qualified immunity on the mistaken arrest claim because the law was not clearly established

Robert L. Arnsberg, and Cross-Appellant v. United States of America, and Cross-Appellee

757 F.2d 971 · Court of Appeals for the Ninth Circuit · Apr 9, 1985

We reject Arnsberg’s first argument without even reaching the question whether the agents are protected by any qualified immunity, see Harlow v. … Under the established facts, the agents are insulated from liability by a qualified immunity because “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would

Kathleen Espinosa v. City and County of San Francisco

Court of Appeals for the Ninth Circuit · Mar 9, 2010

For qualified immu- nity, we determine whether the facts show that (1) the officer’s conduct violated a constitutional right; and (2) the right which was violated was clearly established at the time of the violation. … If the officers violated such a right, but it was not clearly established, then they are entitled to immunity. Id.

Hitoshi Yoshikawa v. Troy Seguirant

74 F. 4th 1042 · Court of Appeals for the Ninth Circuit · Jul 25, 2023

Russell, 59 F.4th 449, 453 (9th Cir. 2023) (“Wilkie establishes that, in an interlocutory appeal from a denial of qualified immunity, we necessarily have jurisdiction to decide whether an underlying Bivens cause of action … issues, the district court will presumably again deny qualified immunity, and we will then be confronted with a new appeal-as-of-right challenging the denial of qualified immunity.

Elbert B. POPPELL, Plaintiff-Appellee, v. CITY OF SAN DIEGO; Sharren Carr; Chris Larson; Donald Albright, Defendants-Appellants

149 F.3d 951 · Court of Appeals for the Ninth Circuit · Jul 10, 1998

Because this particular and well-defined right has been clearly established since at least 1981, Carr cannot defeat it with a claim of qualified immunity. … The district court considered and rejected her claim of qualified immunity.

Golden State Transit Corporation v. City of Los Angeles

726 F.2d 1430 · Court of Appeals for the Ninth Circuit · Feb 28, 1984

The final question is whether the City must show active state supervision to qualify for Parker immunity. We hold that it does not. In California Retail Liquor Dealers Association v. … Other circuits, however, have held that cities need not satisfy the second part of the Midcal test to establish Parker immunity when they perform a traditional municipal function under a clearly established and affirmatively

Deane v. Plumas County

74 F. App'x 715 · Court of Appeals for the Ninth Circuit · Jul 25, 2003

Therefore, defendants did not knowingly violate Deane’s clearly established constitutional rights, and are entitled to qualified immunity. 2 For the foregoing reasons, we affirm the district court. AFFIRMED. … Thus, defendants are entitled to qualified immunity from this action. .

Marullo v. City of Hermosa Beach

317 F. App'x 626 · Court of Appeals for the Ninth Circuit · Nov 7, 2008

If we find a violation of a constitutional right, we must then ask whether that right is clearly established. Saucier, 533 U.S. at 201, 121 S.Ct. at 2156. … The officers were entitled to qualified immunity on this claim. (5) Finally, Marullo asserts that the district court erred when it granted Saylor, Jones and Sellan qualified immunity on his conspiracy claim.

Daniel Vance v. Jay Barrett E.K. McDaniel Becky Messick Robert Miller Michael Scheel, Timothy H. Johnson v. Ron Angelone Jay Barrett E.K. McDaniel Becky Messick Robert Miller Michael Scheel

345 F.3d 1083 · Court of Appeals for the Ninth Circuit · Sep 30, 2003

when deciding whether the prison officials are entitled to qualified immunity: "(1) Was the law governing the state official's conduct clearly established? … In 1995, we held that our law regarding retaliation against inmates was clearly established for qualified immunity purposes, see Schroeder v.

Miller v. Gammie

292 F.3d 982 · Court of Appeals for the Ninth Circuit · Jun 6, 2002

By way of analogy to qualified immunity cases, if the district court had denied the motion to dismiss on absolute immunity grounds and this court affirmed, a motion for summary judgment on immunity grounds could nonetheless … Id. at 526 , 105 S.Ct. 2806 (recognizing that “[ujnless the plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement

Stoot v. City of Everett

Court of Appeals for the Ninth Circuit · Aug 13, 2009

We nonetheless affirm the district court’s grant of summary judgment to defendants on the Fourth Amendment claim on the basis of qualified immunity, as the pertinent law was not clearly established at the time of the violations … QUALIFIED IMMUNITY Even if Jensen did violate Paul’s Fourth Amendment rights by seizing him without probable cause, Jensen may still be entitled to qualified immunity if his conduct “ ‘[did] not vio- late clearly established

Galvin v. Hay

361 F.3d 1134 · Court of Appeals for the Ninth Circuit · Mar 18, 2004

DISCUSSION * Qualified Immunity 10 Qualified immunity analysis proceeds in two stages. We must first inquire whether the plaintiffs have established a constitutional violation. … alternatives" in the absence of an audience was not clearly established in March 1997. 59 The defendants are therefore entitled to qualified immunity on the plaintiffs' First Amendment Bivens cause of action.

Headwaters Forest Defense v. the County of Humboldt

240 F.3d 1185 · Court of Appeals for the Ninth Circuit · Jan 31, 2001

Qualified Immunity 81 " `The doctrine of qualified immunity protects government officials performing discretionary functions . . . from liability for civil damages insofar as their conduct does not violate clearly established … The determination whether an official is entitled to qualified immunity involves a two-step analysis: "1) Was the law governing the official's conduct clearly established?