Case law

Henderson v. Mohave County

54 F.3d 592 · Court of Appeals for the Ninth Circuit · May 3, 1995

The Sheriffs’ Appeal The standard for qualified immunity is definitively established by Hunter v. Bryant, 502 U.S. 224 , 112 S.Ct. 534 , 116 L.Ed.2d 589 (1991). … The entire jurisprudence of qualified immunity is premised on the proposition that well-trained, competent police officers will be aware of what constitutional rights have been established.

Sandy Ganwich Linda Hornbeck Kila Hornbeck Bryan Hornbeck Tracy Ingram, Individually and on Behalf of Her Minor Children Treia Ingram Reina Ingram Harold W. Jones, AKA Pete Jones Mike Knox Kimberly Sadler v. Ronald Knapp, and Pierce County, Washington Deborah Heishman, Sandy Ganwich Linda Hornbeck Kila Hornbeck Bryan Hornbeck Tracy Ingram, Individually and on Behalf of Her Minor Children Treia Ingram Reina Ingram Harold W. Jones, AKA Pete Jones Mike Knox Kimberly Sadler v. Ronald Knapp, and Pierce County, Washington Deborah Heishman

319 F.3d 1115 · Court of Appeals for the Ninth Circuit · Feb 11, 2003

Nevertheless, the plaintiffs argue that we lack jurisdiction to review the denial of qualified immunity because the district court's ruling occurred before the completion of discovery and expressly left the qualified immunity … immunity analysis: We ask whether the right was "clearly established."

Robert McCarty v. John Roos

689 F. App'x 576 · Court of Appeals for the Ninth Circuit · Apr 24, 2017

The district court properly dismissed McCarty’s individual capacity claims against the federal and state defendants because McCarty failed to allege facts sufficient to show that defendants’ conduct violated a clearly established … Callahan, 555 U.S. 223, 232 (2009) (defendant is entitled to qualified immunity unless the conduct at issue violated a clearly established constitutional right).

J. J. v. City of San Diego

Court of Appeals for the Ninth Circuit · Aug 2, 2022

Defendants therefore did not violate clearly established law and were entitled to qualified immunity under the second prong of the qualified immunity test. … Because we conclude the officers did not violate clearly established law and thus are protected by qualified immunity, we affirm. 6 J. K. J. V. CITY OF SAN DIEGO BACKGROUND I.

Stinson v. Galaza

73 F. App'x 312 · Court of Appeals for the Ninth Circuit · Aug 21, 2003

Defendants argue that they are entitled to qualified immunity. … This argument is unavailing, because " ‘[a] public official is not entitled to qualified immunity when the con *314 tours of the allegedly violated right were sufficiently clear that a reasonable official would understand

Brittain v. Campbell

Court of Appeals for the Ninth Circuit · Jun 21, 2006

Qualified immunity shields government officials “from lia- bility for civil damages insofar as their conduct does not vio- late clearly established statutory or constitutional rights of which a reasonable person would have … “If no constitutional right would have been violated were the allega- tions established, there is no necessity for further inquiries concerning qualified immunity.” Id. at 201.

Grason Electric Co. v. Sacramento Municipal Utility District

770 F.2d 833 · Court of Appeals for the Ninth Circuit · Sep 4, 1985

CLEARLY ARTICULATED STATE POLICY REQUIREMENT A. Introduction: the legal test This Circuit has stated that to qualify for Parker v. … Brown [ 317 U.S. 341 , 63 S.Ct. 307 , 87 L.Ed. 315 (1943), i.e., state action] immunity, a city need only *836 show that it is acting pursuant to a clearly articulated and affirmatively expressed state policy to displace

John N. Flood, M.D., J.D. v. F. P. Harrington

532 F.2d 1248 · Court of Appeals for the Ninth Circuit · Mar 19, 1976

The district court was clearly correct in dismissing the complaint as to him for want of personal jurisdiction. Czap v. Marshall, 315 F.2d 766, 767 (7th Cir. 1963). … We do not depart in any respect from the rule of qualified immunity of executive officials established by the Supreme Court in Scheuer v.

Dale Conner v. City Of Santa Ana

897 F.2d 1487 · Court of Appeals for the Ninth Circuit · Mar 1, 1990

Qualified immunity from suit must be granted when the law allegedly violated is not clearly established. Harlow v. Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727, 2738 , 73 L.Ed.2d 396 (1982). … action is a violation) violates a clearly established right.

McSherry v. City of Long Beach

423 F.3d 1015 · Court of Appeals for the Ninth Circuit · Sep 7, 2005

Although qualified immunity should be determined as early as possible, see Saucier v. … “[T]here is a clearly established constitutional due process right not to be subjected to criminal charges on the basis of false evidence that was deliberately fabricated by the government.”

Blackmore v. City of Phoenix

126 F. App'x 778 · Court of Appeals for the Ninth Circuit · Feb 3, 2005

Qualified immunity serves to shield government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … Therefore, the law was not clearly established at the time of the conduct and the officers are entitled to qualified immunity for the allegation that one of them pointed a shotgun at Black-more’s head.

Cerniglia v. Sacramento County

220 F. App'x 541 · Court of Appeals for the Ninth Circuit · Jan 31, 2007

The district court granted summary judgment, ruling the individual defendants were entitled to qualified immunity. … We affirmed the district court’s refusal to grant qualified immunity to defendants. Id. at 702 .

Chuidian v. Philippine National Bank

912 F.2d 1095 · Court of Appeals for the Ninth Circuit · Aug 29, 1990

Chui-dian argues that Daza therefore cannot be granted immunity: the Act provides the sole source of sovereign immunity, and Daza does not qualify under its definition of a foreign state. … Daza, on the other hand, as a purely political actor clearly would not be denied immunity under the commercial exception.

Porter v. Osborn

Court of Appeals for the Ninth Circuit · Oct 20, 2008

’s con- duct shocked the conscience under a clearly established “de- liberate indifference” standard of culpability. … immunity, finding that the Porters had shown enough to establish the violation of a clearly established constitutional right.

Tina Cates v. Bruce Stroud

Court of Appeals for the Ninth Circuit · Sep 25, 2020

If a constitutional violation is established, satisfying the first prong, the second prong of a qualified immunity analysis asks whether the law prohibiting the action was “clearly established” at the time of the incident … Law is “clearly established” for the purposes of qualified immunity analysis if “every reasonable official would have understood that what he is  CATES V.

Chweya v. Baca

130 F. App'x 865 · Court of Appeals for the Ninth Circuit · May 5, 2005

However, we reverse judgment as to Chweya’s malicious prosecution claim against Deputy Sheriffs Hoglund and Cabrera, and hold that the deputies are not entitled to qualified immunity against this claim. 1. … certainly “clearly established” that an officer may not fabricate a charge against a defendant.

Prison Legal News v. Cook

238 F.3d 1145 · Court of Appeals for the Ninth Circuit · Feb 7, 2001

The Officials are entitled to qualified immunity if their conduct "does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Harlow v. … We analyze qualified immunity claims using a two step inquiry; we ask (1) whether the law governing the official's conduct was clearly established at the time of the conduct; and, if so, (2) whether under that law a reasonable

Pamella E. Settlegoode v. Portland Public Schools, Multnomah School District No.1 Susan Winthrop Robert Crebo Larry Whitson

371 F.3d 503 · Court of Appeals for the Ninth Circuit · Jun 9, 2004

immunity test did not weigh clearly in Settlegoode’s favor. … Winthrop and Crebo were not entitled to qualified immunity from Settle-goode’s section 1983 claim.

R. Moreno v. Baca

400 F.3d 1152 · Court of Appeals for the Ninth Circuit · Mar 7, 2005

The court denied the deputies' motion for summary judgment on qualified immunity grounds, holding that Moreno's constitutional right to be free from suspicionless searches was "clearly established" at the time of the detention … In order to hold that Defendants are not entitled to qualified immunity, the court has to determine that Defendants violated a constitutional right that was "clearly established."

Ross v. City of Toppenish

104 F. App'x 26 · Court of Appeals for the Ninth Circuit · Jul 15, 2004

immunity if it was not clearly established at the time of the officer’s conduct that such conduct would violate the Fourth Amendment. … That a police officer is not entitled to use such force against a handcuffed, secured and compliant citizen was clearly established “years before 1999[.]” Jones v. Buchanan, 325 F.3d 520, 534 (4th Cir.2003).