Case law

Aurora Regino v. Kelly Staley

133 F.4th 951 · Court of Appeals for the Ninth Circuit · Apr 4, 2025

“Qualified immunity attaches when an official’s conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” White v. … In the qualified immunity context, a right is considered clearly established when it is “sufficiently clear that every reasonable official would have understood that what he is doing violates that right.”

Bryan v. MacPherson

630 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.

ESTATE OF

846 F.2d 1205 · Court of Appeals for the Ninth Circuit · May 17, 1988

And unless the individual defendants personally acted in a manner that clearly violated the murder victim's constitutional rights, these defendants are clothed with qualified immunity under Harlow v. … Schwartzman to establish the existence of a factual question on the violation of clearly established rights. A psychiatrist at Napa State Hospital for more than seven years, Dr.

Gausvik v. Perez

392 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.

Lorrie's Travel & Tours, Inc. v. SFO Airporter, Inc.

753 F.2d 790 · Court of Appeals for the Ninth Circuit · Feb 15, 1985

To establish that the state’s policy is clearly articulated and affirmatively expressed, the Airporter must show that there is a state policy to displace competition and that the legislature contemplated the kind of municipal … We also reject Lorrie’s contention that the City must show active state supervision of the City’s regulation of ground transportation to qualify for the state action immunity.

Carter v. O'malley

269 F. App'x 752 · Court of Appeals for the Ninth Circuit · Mar 12, 2008

Katz, 533 U.S. 194 , 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001), it correctly determined that defendants were entitled to qualified immunity. … established.”

Hamilton v. Jackson

104 F. App'x 693 · Court of Appeals for the Ninth Circuit · Aug 16, 2004

We have *694 jurisdiction under 28 U.S.C. § 1291 to consider a denial of qualified immunity. See Jeffers v. Gomez, 267 F.3d 895, 903 (9th Cir.2001). We review de novo, Billington v. … If an Eighth Amendment right is so clearly established that a reasonable officer would know his or her conduct is unlawful in the circumstance he confronted, the officer is not entitled to qualified immunity.

Atkins v. County of Riverside

151 F. App'x 501 · Court of Appeals for the Ninth Circuit · Sep 14, 2005

II Miller is not entitled to qualified immunity as to the fabrication of evidence and Brady claims. 5 See, e.g., Devereaux, 263 F.3d at 1074 (explaining the “two-step qualified immunity inquiry”). … See Devereaux, 263 F.3d at 1075 (“[A] right can be clearly established on the basis of common sense.” (internal citation and quotation marks omitted)).

Babcock v. Tyler

884 F.2d 497 · Court of Appeals for the Ninth Circuit · Sep 6, 1989

But the alternative of qualifying a prosecutor's immunity would disserve the broader public interest. … , we do not consider whether this court has appellate jurisdiction over the issue of qualified immunity or whether defendants were entitled to qualified immunity 6 During October 1981, Aryn Long ran away from the elder Babcocks

Tekle v. United States

Court of Appeals for the Ninth Circuit · Dec 3, 2007

“[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

Read v. Begbie

68 F. App'x 36 · Court of Appeals for the Ninth Circuit · Jun 16, 2003

immunity. … In its qualified immunity analysis, the court applied the first prong of the two-prong test articulated in Saucier v.

Babcock v. Tyler

884 F.2d 497 · Court of Appeals for the Ninth Circuit · Sep 6, 1989

But the alternative of qualifying a prosecutor’s immunity would disserve the broader public interest. … Because we resolve this dispute on the basis of absolute immunity, we do not consider whether this court has appellate jurisdiction over the issue of qualified immunity or whether defendants were entitled to qualified immunity

Lovell v. Chandler

303 F.3d 1039 · Court of Appeals for the Ninth Circuit · Sep 5, 2002

To establish a violation of Title II of the ADA, a plaintiff must show that (1) she is a qualified individual with a disability; (2) she was excluded from participation in or otherwise discriminated against with regard to … To establish a violation of § 504 of the RA, a plaintiff must show that (1) she is handicapped within the meaning of the RA; (2) she is otherwise qualified for the benefit or services sought; (3) she was denied the benefit

Genzler v. Longanbach

384 F.3d 1092 · Court of Appeals for the Ninth Circuit · Sep 27, 2004

The supervisory defendants also moved for summary judgment based on absolute and qualified immunity. … If the former, they are absolutely immune. If the latter, they are entitled only to qualified immunity.

No. 96-35156

119 F.3d 1385 · Court of Appeals for the Ninth Circuit · Jul 15, 1997

We disagree. 13 The doctrine of qualified immunity shields government officials from civil liability "insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … We held that the social workers' conduct was shielded by qualified immunity. Id. at 334 .

Paul W. Berger and Erma R. Berger v. Rodney C. Hanlon Joel Scrafford Richard C. Branzell Robert Prieksat Kris A. McLean Turner Broadcasting System, Inc., a Georgia Corporation Robert Rainey Donald Hooper United States of America, Paul W. Berger and Erma R. Berger v. Jack Hamann Cable News Network, Inc., a Georgia Corporation

188 F.3d 1155 · Court of Appeals for the Ninth Circuit · Nov 4, 1999

The Court concluded, however, that the federal officers are entitled to qualified immunity because the law governing this issue was not "clearly established" as of March 1993, when the warrant of the Bergers' ranch was executed … The media defendants have not asserted and are not entitled to assert qualified immunity as a defense. See Wyatt v. Cole, 504 U.S. 158, 168-69 (1992); Kimes v. Stone, 84 F.3d 1121, 1128 (9th Cir. 1996).

Mchenry v. Renne

84 F.3d 1172 · Court of Appeals for the Ninth Circuit · May 28, 1996

Plaintiffs contend that this section of their otherwise deficient complaint ameliorates any problems which defendants may have had in formulating qualified immunity defenses. … or absolute immunity from plaintiffs' claims. 20 Plaintiff's complaint fails to comply with the court's directive to explain clearly how each defendant is implicated by plaintiffs' allegations.

McHenry v. Renne

84 F.3d 1172 · Court of Appeals for the Ninth Circuit · May 28, 1996

It moved to dismiss some of the apparent claims on the basis of the statute of limitations, absolute and qualified immunity, collateral estoppel, and the State Tort Claims Act. … Plaintiffs contend that this section of their otherwise deficient complaint ameliorates any problems which defendants may have had in formulating qualified immunity defenses.

Stock West Corporation, an Oregon Corporation v. Michael Taylor

942 F.2d 655 · Court of Appeals for the Ninth Circuit · Aug 20, 1991

We need not determine whether Taylor’s position as Reservation Attorney qualifies him for “tribal official” immunity in the usual performance of his duties, because we conclude that the district court was premature in granting … Taylor also contends that, under the established facts of this case, Stock West will not be able to establish either its malpractice or misrepresentation claims as a matter of law. See Fed.R.Civ.P. 56(c).

Joyce C. Johnston v. Richard Koppes Robert Tousignant

850 F.2d 594 · Court of Appeals for the Ninth Circuit · Jun 30, 1988

Both sides moved for summary judgment, the defendants on the basis of qualified immunity. Each party filed declarations in support of their respective motions. … ANALYSIS The defendants contend that they are entitled to qualified immunity because they did not violate any clearly established constitutional norm. Mitchell v.