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84 F.3d 1162 · Court of Appeals for the Ninth Circuit · May 28, 1996
Bryant, 502 U.S. 224, 226 , 112 S.Ct. 534, 536 , 116 L.Ed.2d 589 (1991) (qualified immunity protects officials from liability if a reasonable officer could have believed his actions were lawful in light of clearly established … Second, we determine whether the law governing the official's conduct is clearly enough established to alert a reasonable officer to its constitutional parameters.
Overruled on other grounds by George Acri v. Varian Associates, Inc., 114 F.3d 999 (1997)Cited 3 timesPublished288 F.3d 1145 · Court of Appeals for the Ninth Circuit · May 3, 2002
That claim, therefore, is not precluded by the DLIR’s sovereign immunity. … The district court granted summary judgment in favor of Thomas in Vinson's § 1983 action on the ground that she was entitled to qualified immunity. We do not reach the qualified immunity issue.
Cited 445 timesPublished8 F. App'x 663 · Court of Appeals for the Ninth Circuit · Apr 18, 2001
Because the government did not waive sovereign immunity, the district court properly dismissed the Kriegs’ claims against defendants in them official capacities. See id. … Because the collection of taxes does not violate any clearly established right, the district court properly concluded that the defendants are entitled to qualified immunity. See Wages v.
Cited 1 timesPublished220 F. App'x 670 · Court of Appeals for the Ninth Circuit · Feb 14, 2007
Aholelei contends that the district court erred in granting summary judgment on sovereign immunity, mootness, and qualified immunity grounds. 1 We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm in part, vacate … Because we are remanding the qualified immunity question, Aholelei’s motion to take judicial notice is denied.
Cited 10 timesPublished392 F.3d 1006 · Court of Appeals for the Ninth Circuit · Dec 13, 2004
On September 16, 2002, the district court found that Perez was not entitled to summary judgment on the basis of qualified immunity. … of qualified immunity.
Cited 20 timesPublished270 F. App'x 575 · Court of Appeals for the Ninth Circuit · Mar 17, 2008
Because it was clearly established at the time Defendants acted that the First Amendment prohibits intentional actions that deter or chill protected speech, we conclude that the Defendants have not demonstrated that they … are entitled to qualified immunity.
Cited 1 timesPublishedSheryl Neill v. City of Concord
53 F.3d 339 · Court of Appeals for the Ninth Circuit · Apr 20, 1995
Id. 17 The test for determining whether a law enforcement officer is qualifiedly immune from liability for Fourth Amendment violations has two parts: "(1) Was the law governing the official's conduct clearly established? … ARREST 23 Neill does not dispute that the law governing arrest is clearly established.
Cited 0 timesPublishedMichael Grabowski v. Arizona Board of Regents
69 F.4th 1110 · Court of Appeals for the Ninth Circuit · Jun 13, 2023
immunity. … We begin our qualified immunity analysis, as we may, “by considering whether there is a violation of clearly established law without determining whether a constitutional violation occurred.” Krainski v. Nevada ex rel.
Cited 26 timesPublished861 F.2d 1102 · Court of Appeals for the Ninth Circuit · Nov 9, 1988
or, alternatively, qualified immunity. … We hold that Walnut's rights were not so clearly established. 35 In rejecting Porter's and Flandrick's claim of qualified immunity, the district court found that Walnut's rights were "clearly established" by the district
Cited 0 timesPublished22 F. App'x 905 · Court of Appeals for the Ninth Circuit · Dec 28, 2001
The school district officials are entitled to qualified immunity because their conduct toward Duncan was reasonable under the circumstances known to officials at the time, and in light of clearly established law. … Accordingly, we affirm the district court’s grant of summary judgment based on qualified immunity. AFFIRMED.
Cited 0 timesPublishedJairo Cervantes Ramirez v. Shelly Zimmerman
Court of Appeals for the Ninth Circuit · Nov 3, 2021
Qualified immunity also shields the officer Defendants from any theories under the First Amendment because Plaintiffs have not cited, nor have we found, any clearly established law that is on point. See Sharp v. … County of Orange, 871 F.3d 901, 909 (9th Cir. 2017) (holding that qualified immunity shields officer Defendants from claims arising out of their police work unless their conduct violated “clearly established” federal law
Cited 0 timesUnpublished27 F.3d 1432 · Court of Appeals for the Ninth Circuit · Jun 27, 1994
An officer is not entitled to qualified immunity on the grounds that the law is not clearly established every time a novel method is used to inflict injury. … 's first question dictates our decision on qualified immunity, and not only when we decide that the law is not clearly established.
Cited 0 timesPublished661 F.2d 729 · Court of Appeals for the Ninth Circuit · Nov 2, 1981
only a qualified immunity for acts performed in good faith. … A ruling barring judicial review or establishing absolute immunity is an extreme measure.
Reversed on other grounds by Chappell v. Wallace, 462 U.S. 296 (1983)Cited 37 timesPublished177 F. App'x 581 · Court of Appeals for the Ninth Circuit · Apr 17, 2006
Even if this evidence was not sufficient to establish probable cause, however, the district court properly granted qualified immunity under the second prong of Saucier. B. … Clearly Established Constitutional Right The relevant, dispositive inquiry in determining whether a right is clearly established is whether it would be clear to a reasonable officer that his or her conduct was unlawful in
Cited 0 timesPublished177 F. App'x 581 · Court of Appeals for the Ninth Circuit · Apr 17, 2006
Even if this evidence was not sufficient to establish probable cause, however, the district court properly granted qualified immunity under the second prong of Saucier. B. … Clearly Established Constitutional Right The relevant, dispositive inquiry in determining whether a right is clearly established is whether it would be clear to a reasonable officer that his or her conduct was unlawful in
Cited 0 timesPublished129 F.3d 505 · Court of Appeals for the Ninth Circuit · Nov 13, 1997
On the Bivens action, the district court ruled that the federal agents were entitled to qualified immunity because there was, at the time of this episode, no clearly established law protecting individuals from the commercial … Regardless of whether a constitutional violation has occurred, the federal appellees are, of course, entitled to qualified immunity if they could reasonably have believed that their conduct violated no clearly established
Reversed on other grounds by Hanlon v. Berger, 526 U.S. 808 (1999)Cited 32 timesPublished406 F.3d 1110 · Court of Appeals for the Ninth Circuit · May 5, 2005
established law, the deputies are entitled to qualified immunity. … IV It follows that the deputies are entitled to qualified immunity.
Cited 81 timesPublished630 F.3d 805 · Court of Appeals for the Ninth Circuit · Nov 30, 2010
We nonetheless concluded that Offi- cer MacPherson was entitled to qualified immunity from Bryan’s 42 U.S.C. § 1983 suit, because this principle was not clearly established in 2005 when Officer MacPherson deployed his dart … established, and thus holds that Officer MacPherson is entitled to qualified immunity.
Cited 1 timesPublishedWhatsapp Inc. v. Nso Group Technologies Ltd.
17 F.4th 930 · Court of Appeals for the Ninth Circuit · Nov 8, 2021
Ed. 287 (1812), is credited with establishing foreign sovereign immunity in American law. See Opati v. Republic of Sudan, 140 S. … In defining what qualifies as a “foreign state,” the FSIA necessarily defines the scope of foreign sovereign immunity.
Cited 9 timesPublished
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