Case law

Lojas v. Washington

347 F. App'x 288 · Court of Appeals for the Ninth Circuit · Sep 14, 2009

The § 1983 claim against Officer Ray-Smith in her personal capacity was properly dismissed by the district court on qualified immunity grounds. … Officer Ray-Smith’s conduct did not “violate clearly established statutory or constitutional rights of which a reasonable person would have known,” Wilson v.

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.

Herman Louis Dimartini v. Lynn Jay Ferrin, Special Agent, Federal Bureau of Investigation

906 F.2d 465 · Court of Appeals for the Ninth Circuit · Jun 25, 1990

We therefore hold that to defeat a motion for qualified immunity where the government may have unreasonably interfered with one’s private employment, the employee does not need to demonstrate an entitlement to future employment … Ostrander, 879 F.2d 583, 591 (9th Cir.1989) (court must look to the legal lanscape at the time of the incident to determine whether a right is clearly established). 4 .

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.

Page v. Torrey

26 F. App'x 675 · Court of Appeals for the Ninth Circuit · Dec 28, 2001

Because there is no clearly established law on grooming regulations for persons civilly committed to state hospitals, the district court properly dismissed Page’s claims against hospital officials, in their individual capacities … , on qualified immunity grounds.

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.

Farquhar v. Jones

141 F. App'x 539 · Court of Appeals for the Ninth Circuit · Jul 13, 2005

Cain did not raise the issue of qualified immunity in his motion for summary judgment and we therefore lack jurisdiction to consider the district court’s determination that the parties’ evidence presents genuine issues of … Gregory, 363 F.3d 931, 932 (9th Cir.2004) (district court’s denial of summary judgment is not appealable unless the ground for the motion is qualified immunity).

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."

Odom v. Kolender

259 F. App'x 41 · Court of Appeals for the Ninth Circuit · Dec 10, 2007

Even if Odom could show defendant participated in a violation of his constitutional rights after he was placed in the general population of the jail, the district court properly concluded defendant was entitled to qualified … immunity because the law regarding placement of civil detainees within the jail was not clearly established at the time of the alleged violation.

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).

Coleen R. Roberts v. College of the Desert, C.A. Patterson, and Fern Stout

870 F.2d 1411 · Court of Appeals for the Ninth Circuit · Mar 15, 1989

Qualified Immunity Immunity exists to shield government officials when their conduct does not violate *1417 clearly established statutory or constitutional rights of which a reasonable person would have known. Harlow v. … This finding is not clearly erroneous.

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

Wynter v. Wallis

180 F. App'x 679 · Court of Appeals for the Ninth Circuit · May 16, 2006

Qualified Immunity Public officials have qualified immunity from civil liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … These defendants therefore reasonably believed their conduct was lawful and are thus entitled to qualified immunity. AFFIRMED.

Porter v. Jones

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. … BOWEN ruled that Jones was entitled to qualified immunity because “the law regarding the constitutionality of prohibiting internet voteswapping is far from clearly established.”

Thunderbird v. Lampert

74 F. App'x 835 · Court of Appeals for the Ninth Circuit · Sep 16, 2003

Defendants are entitled to qualified immunity on Thunderbird’s claim that prison officials violated his rights by not making a Native American translator available to him because prison officials had not violated any clearly … established constitutional right.

California Department of Water Resources v. Powerex Corp.

533 F.3d 1087 · Court of Appeals for the Ninth Circuit · Jul 22, 2008

BC Hydro’s treasurer declared: Powerex’s earnings are consolidated with those of BC Hydro for purposes of establishing BC Hydro’s rates.... … Powerex’s employment policies do not obviously qualify it or disqualify it as an “organ” of British Columbia.

Clouthier v. County of Contra Costa

591 F.3d 1232 · Court of Appeals for the Ninth Circuit · Jan 14, 2010

“The doctrine of qualified immunity protects 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 … Further, the Clouthiers argue that Robert Clouthier’s rights in this context were clearly established, so the individual defendants were not entitled to summary judgment on the ground of qualified immunity.

Daniels v. County of Ventura

228 F. App'x 669 · Court of Appeals for the Ninth Circuit · Apr 5, 2007

The facts, construed in the light most favorable to the plaintiffs, illustrate that Camou violated Daniels’ clearly established Fourth Amendment rights. Deorle v. Rutherford, 272 F.3d 1272 , 1275 & n. 1 (9th Cir.2001). … Camou is thus not entitled to qualified immunity. AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Cooper v. Palmieri

56 F.3d 70 · Court of Appeals for the Ninth Circuit · May 19, 1995

The Defendants moved for partial summary judgment against Cooper, asserting that they were entitled to qualified immunity against all Sec. 1983 claims. … Bagley: "1) Was the law governing the official's conduct clearly established? 2) Under that law, could a reasonable officer have believed the conduct was lawful?" 988 F.2d 868, 871 (9th Cir. 1993); see also Romero v.

Boyer v. City of Santa Ana

217 F. App'x 602 · Court of Appeals for the Ninth Circuit · Jan 9, 2007

Creighton, 483 U.S. 635, 641 , 107 S.Ct. 3034 , 97 L.Ed.2d 523 (1987), I dissent and would reverse the district court’s denial of judgment as a matter of law on the issue of qualified immunity. … Broad Fourth Amendment dictates do not clearly establish rights for the purposes of qualified immunity analysis; rather, “the legal rule in question must be defined in a more specific manner.” Alexander v.