Case law

James O'Doan v. Joshua Sanford

991 F.3d 1027 · Court of Appeals for the Ninth Circuit · Mar 19, 2021

In the exercise of our discretion, and with the Supreme Court’s admonitions in mind, we resolve this case only on the “clearly established law” prong of the qualified immunity framework. … If qualified immunity means anything, it is that clearly established law did not require officers to make a medical judgment that not even O’Doan’s treating physician was willing to hazard.

Estate of Jeffrey Ford v. Ramirez-Palmer

301 F.3d 1043 · Court of Appeals for the Ninth Circuit · Aug 23, 2002

Each moved for summary judgment on qualified immunity. … was clearly established.

John P. Kelly v. Unknown Manriquez

532 F. App'x 677 · Court of Appeals for the Ninth Circuit · Jun 26, 2013

dismissal on the basis of qualified immunity. Kwai Fun Wong v. United States, 373 F.3d 952, 966 n.18 (9th Cir. 2004). We affirm. … Callahan, 555 U.S. 223, 232 (2009) (defendant is entitled to qualified immunity unless the conduct at issue violated a clearly established constitutional right).

Cuevas v. De Roco

531 F.3d 726 · Court of Appeals for the Ninth Circuit · Jun 27, 2008

Qualified Immunity Deputy Starr nonetheless contends that he is protected by qualified immunity. … Moreover, Deputy Starr is not protected by qualified immunity.

Zamsky v. Hansell

933 F.2d 677 · Court of Appeals for the Ninth Circuit · May 17, 1991

The cost of establishing the defense of qualified immunity is simply part of the price of having a viable remedy for constitutional violations; it is not a sufficient reason, in and of itself, for finding governmental actors … After all, officials who don’t violate clearly recognized rights will be entitled to qualified immunity — and will not be liable — regardless of how this case is decided.

Tennison v. City and County of San Francisco

570 F.3d 1078 · Court of Appeals for the Ninth Circuit · Jun 23, 2009

The Inspectors moved for summary judgment on the basis of absolute and qualified immunity. … The Inspectors also argue that they are entitled to qualified immunity.

Merriman v. Walton

856 F.2d 1333 · Court of Appeals for the Ninth Circuit · Sep 7, 1988

The court characterized the question in terms of probable cause and an assertion of qualified immunity. … (albeit fact-specific) question whether a reasonable officer could have believed [the plaintiff’s] warrantless [arrest] to be lawful, in light of clearly established law and the information the searching officers possessed

Quinton Brown v. Larry Adams

667 F. App'x 265 · Court of Appeals for the Ninth Circuit · Jun 23, 2016

The district court properly granted summary judgment on Brown’s First Amendment claim on the basis of qualified immunity because it would not have been clear to every reasonable official that denying Brown’s religious texts … See Ashcroft v. al-Kidd, 563 U.S. 731, 735, 741 (2011) (discussing qualified immunity and noting that a right is clearly established only if “every reasonable official would have understood that what he is doing violates

Mark Lyon v. S. Thacker

517 F. App'x 564 · Court of Appeals for the Ninth Circuit · Apr 23, 2013

Dismissal of Lyon’s claims for damages was proper because defendant is entitled to qualified immunity. See Pearson v. … Callahan, 555 U.S. 223, 232 (2009) (defendant is entitled to qualified immunity unless the conduct at issue violated a clearly established constitutional right).

Robert Devereaux v. Roberto Ricardo Perez

218 F.3d 1045 · Court of Appeals for the Ninth Circuit · Jul 12, 2000

ANALYSIS Standard of Review 30 A district court's decision that an asserted federal right was "clearly established" such that qualified immunity in a 42 U.S.C. … Bailey, 957 F.2d 920, 931 (1st Cir. 1992) (noting that "the dimensions of [the] right [to family integrity ] have yet to be clearly established" and applying qualified immunity to suit in which social worker allegedly interfered

William McKinney v. Pat Anderson Carol Ployer H.L. Whitley George W. Sumner John Nye

924 F.2d 1500 · Court of Appeals for the Ninth Circuit · Feb 1, 1991

The defendants have raised the affirmative defense of qualified immunity, which shields them from liability for damages if their conduct “does not violate clearly established statutory or constitutional rights of which a … At the time the defendants acted, there was no clearly established liability for exposing prisoners to ETS.

Lewis Harry, Jr. v. Anna Jacobs

648 F. App'x 732 · Court of Appeals for the Ninth Circuit · Apr 19, 2016

The district court properly granted summary judgment for Talley on the basis of qualified immunity because it would not have been clear to every reasonable official that it was unlawful under the circumstances to temporarily … Ct. 2074, 2080, 2083 (2011) (discussing qualified immunity and noting that a right is clearly established only if “every reasonable official would have understood that what he is doing violates that right” (citation and

Picray v. Sealock

138 F.3d 767 · Court of Appeals for the Ninth Circuit · Mar 9, 1998

He contends that each of these bases of immunity was clearly established at the time of his arrest. We disagree. … None of Picray’s asserted bases of immunity from arrest were “clearly established” at the time of his arrest.

Porter v. Bowen

496 F.3d 1009 · Court of Appeals for the Ninth Circuit · Aug 6, 2007

Finally, we hold that Jones is entitled to qualified immunity from damages because the constitutionality of halting vote swapping was not clearly established in 2000. … The court ruled that Jones was entitled to qualified immunity because “the law regarding the constitutionality of prohibiting internet vo-teswapping is far from clearly established.”

Robinson v. Prunty

249 F.3d 862 · Court of Appeals for the Ninth Circuit · May 7, 2001

The defendants moved for summary judgment on the ground that they were entitled to qualified immunity. … “In order to determine whether an official is entitled to qualified immunity, a court must (1) identify the right allegedly violated, (2) determine whether the right was ‘clearly established,’ and (3) determine whether a

Springer v. Placer County

338 F. App'x 587 · Court of Appeals for the Ninth Circuit · Jun 18, 2009

We follow a two-pronged approach when analyzing qualified immunity. … Morris confronted that her conduct was unlawful under clearly established law.

Springer v. Placer County

338 F. App'x 587 · Court of Appeals for the Ninth Circuit · Jun 18, 2009

We follow a two-pronged approach when analyzing qualified immunity. … Morris confronted that her conduct was unlawful under clearly established law.

Clifford George v. Thomas Edholm

752 F.3d 1206 · Court of Appeals for the Ninth Circuit · May 28, 2014

The panel further held that the police officers were not entitled to qualified immunity on the Fourth Amendment claim. … Qualified Immunity Even if Officers Freeman and Johnson violated George’s Fourth Amendment rights, they are entitled to qualified immunity if those rights were not “clearly established” at the time of the search.

Correll Thomas v. C. Dillard

818 F.3d 864 · Court of Appeals for the Ninth Circuit · Apr 5, 2016

Because it was not clearly established at the time, that the perceived domestic violence nature of an investigation was .insufficient to establish reasonable suspicion, however, we hold Dillard is entitled to qualified immunity … He contends it was clearly established that Dillard’s conduct was unconstitutional when the events took place in September 2010, and.Dillard therefore is not entitled to qualified immunity.

Stoot v. City of Everett

582 F.3d 910 · Court of Appeals for the Ninth Circuit · Sep 18, 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 violate clearly established