Case law

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.

Miller v. Gammie

335 F.3d 889 · Court of Appeals for the Ninth Circuit · Jul 9, 2003

We found that unless the social worker's activity has the requisite connection to the judicial process, only qualified immunity is available. … We must now recognize that beyond those functions historically recognized as absolutely immune at common law, qualified and only qualified immunity exists. 30 The Supreme Court expressed that principle as a presumption: "

Munoz v. Curtis

47 F. App'x 501 · Court of Appeals for the Ninth Circuit · Sep 30, 2002

The district court did not err in denying Curtis and Trushenski qualified immunity. … The district court did not apply a wrong or incomplete legal standard on qualified immunity when it left out a discussion of “mere suspicion.” See Berg v.

Knight v. Nimrod

84 F. App'x 880 · Court of Appeals for the Ninth Circuit · Dec 19, 2003

. § 1983 action on qualified immunity grounds. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo a district court’s decision regarding qualified immunity in a section 1983 action. Elder v. … The district court properly determined that officer Nimrod had not violated a clearly established right with regard to Knight’s allegation that Nimrod had refused to file his second grievance against officer Heflick.

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.

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.

M. Phillip Arth, Jr. v. United States of America and William E. Dauphin

735 F.2d 1190 · Court of Appeals for the Ninth Circuit · Jun 26, 1984

The question whether IRS agents are entitled to absolute or qualified immunity in this situation, see Bothke v. Fluor Engineers and Constructors, Inc., 713 F.2d 1405 (9th Cir.1983), and Stankev-itz v. … That is sufficient to establish a connection between the funds and the taxpayer, T/I.

Arizona v. United States District Court for District of Arizona

528 F.3d 652 · Court of Appeals for the Ninth Circuit · Jun 9, 2008

Immunity Defense Petitioners argue that the order denies them the benefit of their qualified immunity defense. … ’ trial strategy, forecloses the benefits of their immunity defense.

Ross v. City of Ontario

66 F. App'x 93 · Court of Appeals for the Ninth Circuit · Apr 7, 2003

Excessive Force Saucier guides our qualified immunity analysis for the excessive force claim. … The officers are entitled to qualified immunity, however, because the contours of the right against excessive force in this context were not so clearly established at the time that a reasonable official would have known that

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.

Preslie Hardwick v. County of Orange

980 F.3d 733 · Court of Appeals for the Ninth Circuit · Nov 18, 2020

Defendants filed a cross-motion for summary judgment asserting that the claims against the individual defendants were barred by qualified immunity, absolute immunity, or were without merit. … In support of their immunity defense, the defendant social workers argued that Preslie’s constitutional right to be free from deliberately fabricated evidence had not yet been clearly established in the civil proceeding context

Hayenga v. Nampa School District No. 131

123 F. App'x 783 · Court of Appeals for the Ninth Circuit · Feb 17, 2005

. § 1983 Claim Against Officer Weekes 3 Hayenga’s § 1983 claim against Weekes is barred by the doctrine of qualified immunity, because “the law at that time did not clearly establish that the officer’s conduct would violate … The next issue is whether, even if Weekes’s conduct violated Hayenga’s Fourth Amendment rights, she is nonetheless entitled to qualified immunity because Hayenga’s right was not clearly established at the time the incident

John v. Youngquist

Court of Appeals for the Ninth Circuit · Sep 25, 2007

“The first inquiry must be whether a constitutional right would have been violated on the facts alleged; second, assum- ing the violation is established, the question [is] whether the right was clearly established. . . . … If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.” Id. at 200-01.

Nurre v. Whitehead

580 F.3d 1087 · Court of Appeals for the Ninth Circuit · Sep 8, 2009

In 2007, the district court held that Whitehead was immune from suit under the doctrine of qualified immunity. Nurre v. Whitehead, 520 F.Supp.2d 1222, 1240 (W.D.Wash.2007). … If, as our colleague Judge Milan Smith contends, Whitehead had violated Nurre’s constitutional rights, we would then need to determine whether she was protected by qualified immunity. Harlow v.

Mena v. City of Simi Valley

354 F.3d 1015 · Court of Appeals for the Ninth Circuit · Jan 14, 2004

result in a loss of qualified immunity, a reasonable police officer could *1017 not have imagined it. … To defeat qualified immunity, the panel would then have needed to establish that a reasonable officer would have known about this novel proposition of law. 13 I am unable to imagine the reasonable police officer that the

Department of Education v. Katherine D.

727 F.2d 809 · Court of Appeals for the Ninth Circuit · Nov 7, 1983

The term “related services” is further defined by regulation to include “school health services,” i.e., “services provided by a qualified school nurse or other qualified person.” 34 C.F.R. § 300.13 (b)(10) (1982). … Nonetheless, “it is established that an unconsenting State is immune from suits brought in federal courts by her own citizens as well as by citizens of another State.” Employees v.

Crowe v. Wrisley

Court of Appeals for the Ninth Circuit · Jan 27, 2010

[8] Further, the defendants are not entitled to qualified immunity. … The district court denied qualified immunity, concluding that it was clearly established that probable cause must be particularized with respect to the person to be searched or seized. Id.

Fews v. Perez

219 F. App'x 676 · Court of Appeals for the Ninth Circuit · Jan 23, 2007

We further conclude that the right was clearly established. … See id. at 201, 121 G.Ot. 2151 (“[I]f a violation could be made out on a favorable view of the parties’ submissions, the next, sequential step is to ask whether the right was clearly established.”).

Baldwin, Dds v. Placer County

418 F.3d 966 · Court of Appeals for the Ninth Circuit · Aug 8, 2005

The County moved for summary judgment on the ground of the qualified immunity of the officers. … Qualified immunity was rightly denied. 27 Conspiracy.

Bybee v. Erath

304 F. App'x 579 · Court of Appeals for the Ninth Circuit · Dec 22, 2008

violation was not clearly established until our 2002 decision in Robinson v. … The agents are entitled to qualified immunity for denying the Merediths’ request to use the telephone during their detentions. The Merediths cite Ganwich v.