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  • Rawlins v. Stewart

    10 F. App'x 446 · Court of Appeals for the Ninth Circuit · Mar 23, 2001

    Rawlins has alleged violation of his clearly established right, but if a reasonable official would not have understood that his actions violated the clearly established right, the official is protected from liability. … “The qualified immunity standard gives ample room for mistaken judgments by protecting all but the plainly incompetent or those who knowingly violate the law.” Thompson v.

    Cited 0 timesPublished
  • Gonzalez v. City of Federal Way

    299 F. App'x 708 · Court of Appeals for the Ninth Circuit · Nov 6, 2008

    Taking all of Gonzalez’s allegations as true, Swanson did not violate clearly established law when he stopped and ultimately arrested Gonzalez. … Swanson, therefore, was entitled to have the issue of qualified immunity determined prior to discovery being conducted, Mitchell v.

    Cited 5 timesPublished
  • 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

    Cited 0 timesPublished
  • 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.

    Cited 34 timesPublished
  • 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

    Cited 37 timesPublished
  • 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.

    Cited 0 timesPublished
  • 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.

    Cited 0 timesPublished
  • 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.

    Cited 155 timesPublished
  • 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?

    Cited 3 timesPublished
  • Hale v. Norton

    476 F.3d 694 · Court of Appeals for the Ninth Circuit · Feb 5, 2007

    complains violated clearly estab- lished law. … Like qualified immunity, the Hales’ claim turns on an “essentially legal question,” and that claim is “effectively lost” if the NPS conducts the NEPA analysis. If the Hales HALE v.

    Cited 11 timesPublished
  • 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. .

    Cited 0 timesPublished
  • Jonathon Castro v. County of Los Angeles

    833 F.3d 1060 · Court of Appeals for the Ninth Circuit · Aug 15, 2016

    Qualified Immunity Qualified immunity shields government actors from civil liability under 42 U.S.C. § 1983 if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … Therefore, qualified immunity does not bar the claim against them.

    Cited 2,328 timesPublished
  • No. 92-16008

    24 F.3d 249 · Court of Appeals for the Ninth Circuit · Apr 21, 1994

    immunity. … of the defense of qualified immunity. 11 To determine whether a defendant is entitled to the defense of qualified immunity, we must determine (1) whether the plaintiff has specifically identified the right allegedly violated

    Cited 0 timesPublished
  • 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

    Cited 4 timesPublished
  • 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

    Cited 140 timesPublished
  • Price v. State Of Hawaii

    921 F.2d 950 · Court of Appeals for the Ninth Circuit · Dec 26, 1990

    We also review issues of the eleventh amendment and qualified immunity de novo. Di Martini v. Ferrin, 889 F.2d 922, 925-26 (1989) (qualified immunity), amended, 906 F.2d 465 (9th Cir.1990). … immunity if their conduct "does not violate clearly established statutory or constitutional rights of which a reasonable person would have known."

    Cited 10 timesPublished
  • Theresa Karam,plaintiff-Appellant v. City of Burbank, a Municipality Burbank Police Department Miranda, Burbank Police Officer 7734 Sindle, Burbank Police Officer 7942 Gordon Bowers, Burbank Police Captain David Newsham, Chief of Police Burbank City Attorney Gina Oh Eric Hovatter Juli Scott Stacy Murphy Robert Ovrom, 11681 Theresa Karam,plaintiff-Appellant v. City of Burbank, a Municipality Gordon Bowers, Burbank Police Captain David Newsham, Chief of Police Eric Hovatter Juli Scott Matt Miranda, Burbank Police Officer 7734 Stacy Murphy Robert Ovrom Shane Sindle, Burbank Police Officer 7942, and Burbank Police Department Burbank City Attorney Gina Oh

    340 F.3d 884 · Court of Appeals for the Ninth Circuit · Aug 20, 2003

    Brogan, 320 F.3d 1023 , 1028 (9th Cir.2003) (prosecutor "performing investigatory or administrative functions" entitled to only qualified immunity). … Code § 815.2 2 The Evans court held that the federal agents were entitled to qualified immunity, however, because the law on what constituted a seizure in such circumstances had not been clearly established.

    Cited 2 timesPublished
  • Sherol Diruzza v. County Of Tehama

    206 F.3d 1304 · Court of Appeals for the Ninth Circuit · Mar 21, 2000

    The district court further held, in the alternative, that individual defendants Heard and Floyd were entitled to qualified immunity because they had not violated a clearly established right. … Id. 37 For purposes of determining qualified immunity, the law must be clearly established at the time of the defendant's acts. In this case, the alleged retaliation occurred in 1995.

    Cited 0 timesPublished
  • Jaramillo v. Curry

    35 F. App'x 588 · Court of Appeals for the Ninth Circuit · May 23, 2002

    The threshold question under a qualified immunity analysis is whether the facts alleged show the officer’s conduct violated a constitutional right. Saucier v. … immunity- AFFIRMED.

    Cited 0 timesPublished
  • Tabarez v. Butler

    340 F. App'x 369 · Court of Appeals for the Ninth Circuit · Jul 9, 2009

    In Mitchell , the Supreme Court emphasized that “the appealable issue is a purely legal one: whether the facts alleged ... support a claim of violation of clearly established law.” … As a result, the magistrate did not reach the defense of qualified immunity with respect to Tabarez’s claim against Rios.

    Cited 0 timesPublished

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