Case law

Mena v. City of Simi Valley

156 F. App'x 24 · Court of Appeals for the Ninth Circuit · Nov 23, 2005

On July 25, 2001, Defendants filed a motion to alter or amend the judgment based on qualified immunity. The district court denied their motion. … established.

Whatsapp 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.

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.

Hasmik Chinaryan v. City of Los Angeles

113 F.4th 888 · Court of Appeals for the Ninth Circuit · Aug 14, 2024

CITY OF LOS ANGELES 3 entitled to qualified immunity. It was clearly established in Washington v. Lambert, 98 F.3d 1181 (9th Cir. 1996), and Green v. … The court ruled that they were entitled to qualified immunity on the § 1983 claims because it was not clearly established that their conduct violated plaintiffs’ Fourth Amendment rights. 5 The court ruled that plaintiffs

Lso, Ltd. v. Jay Stroh

205 F.3d 1146 · Court of Appeals for the Ninth Circuit · Mar 6, 2000

Discussion 44 State officials are entitled to qualified immunity in performing discretionary functions if their conduct did "not violate clearly established statutory or constitutional rights of which a reasonable person … Once the defense of qualified immunity is raised by the defendant, the plaintiff bears the burden of showing that the rights allegedly violated were "clearly established." See Shoshone-Bannock Tribes v.

11 Fair empl.prac.cas. 161, 10 Empl. Prac. Dec. P 10,325 Barbara R. Hutchison, Cross-Appellant v. Lake Oswego School District No. 7, Cross-Appellees

519 F.2d 961 · Court of Appeals for the Ninth Circuit · Sep 10, 1975

IMMUNITY OF INDIVIDUAL SCHOOL BOARD MEMBERS Finally, the individual members of the school board contend that they are protected by a qualified “good-faith” immunity from liability for damages. … capacities and are therefore entitled to qualified immunity from the payment of damages.

Frederick v. Morse

Court of Appeals for the Ninth Circuit · Mar 9, 2006

We next must determine whether the violated right was clearly established. … immunity test, Frederick’s right was clearly established

Browne v. Gossett

259 F. App'x 928 · Court of Appeals for the Ninth Circuit · Dec 13, 2007

From the scanty and incomplete record Plaintiffs have provided on appeal, we cannot conclude that the district court’s factual determination was clearly erroneous. … V Given that the state defendants did not violate the Plaintiffs’ constitutional rights, the district court correctly concluded that defendants Gossett, Salas, and Lucas were entitled to qualified immunity from suit.

Easton v. Fallman

81 F. App'x 942 · Court of Appeals for the Ninth Circuit · Nov 21, 2003

A public official is entitled to qualified immunity unless: (1) plaintiff alleged facts that show a constitutional violation, and (2) it was clearly established at the time that the official’s conduct was unlawful. … The result is that the law was not clearly established, so even if Easton’s allegations were sufficient to support a claim of constitutional violation, the State Defendants were properly entitled to qualified immunity, in

Phillips v. Hust

507 F.3d 1171 · Court of Appeals for the Ninth Circuit · Sep 14, 2007

SMITH and IKUTA, Circuit Judges: All I can add to Judge O’Scannlain’s bulls-eye dissent is my utter astonishment that we’re leaving an opinion on the books that not only denies the prison librarian qualified immunity but … How the prison librarian violated any of his rights, let alone his clearly established rights, is a mystery that repeated readings of the majority opinion do not dispel.

Lolli v. County of Orange

351 F.3d 410 · Court of Appeals for the Ninth Circuit · Nov 21, 2003

qualified immunity in their summary judgment motion or in *414 their opposition to the motion for reconsideration. … Qualified Immunity Because of the factual disputes that Lol-li has identified, the individual officers whose grants of summary judgment we have reversed also are not entitled to summary judgment based upon qualified immunity

Wallace v. Chappell

661 F.2d 729 · Court of Appeals for the Ninth Circuit · Nov 2, 1981

hold that only qualified immunity applies. … only a qualified immunity for acts performed in good faith.

Bowman v. Dozier

73 F. App'x 219 · Court of Appeals for the Ninth Circuit · Aug 5, 2003

If no constitutional right is violated there is “no necessity for further inquiries concerning qualified immunity.” Id. … Therefore, under the first prong of Saucier’s qualified immunity analysis, there was no constitutional violation. Saucier, 533 U.S. at 201.

Chaney v. Lehman

225 F. App'x 708 · Court of Appeals for the Ninth Circuit · Mar 22, 2007

Lehman, the former Secretary of the DOC, after concluding that the action was barred under qualified immunity. We affirm. … Accordingly, we conclude that the district court correctly determined that inmates have no clearly established right to a hearing prior to being denied release to community custody status in lieu of earned release time.

Ryan v. Bilby

764 F.2d 1325 · Court of Appeals for the Ninth Circuit · Jul 3, 1985

And he granted summary judgment to the IRS agents, finding that they enjoyed absolute immunity from lawsuits alleging common-law torts and qualified immunity from Ryan's allegations of constitutional torts. 2 5 On appeal, … And the agents are immune from liability for constitutional torts "insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known."

Butler v. San Diego District Attorney's Office

370 F.3d 956 · Court of Appeals for the Ninth Circuit · Jun 4, 2004

See Mitchell, 472 U.S. at 526 , 105 S.Ct. 2806 (“Unless the plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal [pursuant to Rule … The Supreme Court has clearly, and repeatedly, admonished that official immunity is immunity from suit rather than merely immunity from liability. See, e.g., Saucier v.

Hayes v. Ayers

632 F.3d 500 · Court of Appeals for the Ninth Circuit · Jan 7, 2011

He contends that the state court’s denial of his change of venue motion in the face of prejudicial media coverage denied him due process in contravention of clearly established Supreme Court precedent. … established by the Supreme Court.

Mark H. Ex Rel. Michelle H. v. Lemahieu

513 F.3d 922 · Court of Appeals for the Ninth Circuit · Jan 17, 2008

Additionally, Congress has clearly stated its intent to preserve all remedies under § 504 for acts that also violate the IDEA. … The Agency also argued that all of the claims in the complaint were barred by sovereign immunity.

Karam v. City of Burbank

352 F.3d 1188 · Court of Appeals for the Ninth Circuit · Dec 8, 2003

Bogan, 320 F.3d 1023, 1028 (9th Cir.2003) (prosecutor “performing investigatory or administrative functions” entitled to only qualified immunity). … 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.

Ted Bradford v. Joseph Scherschligt

803 F.3d 382 · Court of Appeals for the Ninth Circuit · Sep 25, 2015

The district court did not reach Detective Scherschligt’s alternative argument regarding qualified immunity. … Qualified Immunity. Detective Scherschligt asks us to affirm, in the alternative, on the basis that he is entitled to qualified immunity.