Case law

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.

Omnibus Financial Corp. v. United States

566 F.2d 1097 · Court of Appeals for the Ninth Circuit · Dec 29, 1977

Rhodes, 416 U.S. 232 , 94 S.Ct. 1683 , 40 L.Ed.2d 90 (1974), must give way to the qualified immunity doctrine established by that case. We have recognized in Mark v. … Groff, 521 F.2d 1376 (9th Cir. 1975), a case involving conduct of I.R.S. agents, that such agents enjoy a qualified immunity and are “insulated from damage suits only if (1) at the time and in light of all the circumstances

Centner v. Stout

268 F. App'x 590 · Court of Appeals for the Ninth Circuit · Feb 29, 2008

Boyd alternatively asserts that he is entitled to qualified immunity from Centner’s First Amendment retaliation *593 claim because the law was not clearly established that Centner’s speech involved a matter of public concern … Boyd is therefore 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.

Michael Cooper, Husband, in His Own Capacity and as Parent of Abram and Adam Cooper, Minors Lidia Cooper, Wife, in Her Own Capacity and as Parent of Abram Cooper and Adam Cooper, Minors v. Clarence Dupnik, Sheriff, Pima County Tom Taylor, an Employee of Pima County Sheriff's Department Weaver Barkman, an Employee of Pima County Sheriff's Department, Michael Cooper, Husband, in His Own Capacity and as Parent of Abram and Adam Cooper, Minors Lidia Cooper, Wife, in Her Own Capacity and as Parent of Abram Cooper and Adam Cooper, Minors v. Clarence Dupnik, Sheriff, Pima County, and City of Tucson Tucson Police Department Peter Ronstadt Karen Wright Gene Scott Timothy O'Sullivan Kay McCall

963 F.2d 1220 · Court of Appeals for the Ninth Circuit · May 5, 1992

Qualified immunity protects officials from suits under § 1983 for violations of rights which are not "clearly established at the time of the challenged actions...." Mitchell, 472 U.S. at 528 , 105 S.Ct. at 2816 . … qualified immunity ...

Stoner v. Santa Clara County Office of Education

502 F.3d 1116 · Court of Appeals for the Ninth Circuit · Sep 7, 2007

It is also contrary to the principles of the Supreme Court’s well-established public employee immunity, jurisprudence. … Of course, state employees sued under the FCA may be entitled to qualified immunity.

Dudley v. Boise State University

Court of Appeals for the Ninth Circuit · Aug 27, 2025

rights were not clearly established. … immunity because they did not violate any clearly established right.

Chalk v. United States District Court Central District of California

840 F.2d 701 · Court of Appeals for the Ninth Circuit · Feb 26, 1988

Eventually, the virus destroys its host cells, thereby weakening the victim’s immune system. … He has a statutory right to go back to the school if he is otherwise qualified.

Santos v. Gates

287 F.3d 846 · Court of Appeals for the Ninth Circuit · Apr 23, 2002

First, we examine whether a Fourth Amendment violation occurred; second, we look to see whether the officers violated clearly established law. … The trial court should make a ruling on immunity "early in the proceedings" because qualified immunity is "an immunity from suit rather than a mere defense to liability."

Tretiak v. Del Papa

23 F. App'x 676 · Court of Appeals for the Ninth Circuit · Nov 13, 2001

NASD Regulation, Inc., when acting under the authority delegated to it by the Securities Exchange Act of 1934, 15 U.S.C. §§ 78a-78mm, is entitled to absolute immunity from money damages. See Partnership Exch. Sec. … The district court properly determined that Kamhi is entitled to qualified immunity because Tretiak failed to meet his burden of showing that Kamhi’s conduct violated a clearly established right. See Romero v.

Murphy v. Clark

8 F. App'x 693 · Court of Appeals for the Ninth Circuit · Apr 19, 2001

Qualified Immunity A reasonable official in Clark’s position could have believed that Clark’s conduct was lawful. … Clark could have believed his actions were lawful based upon clearly established law, and he is entitled to qualified immunity. 1 B.

Cooper v. Federal Aviation Administration

596 F.3d 538 · Court of Appeals for the Ninth Circuit · Feb 22, 2010

Cooper qualified for the benefits, which he received from August 1995 to August 1996. B. … Even the Eleventh Circuit acknowledged in Fitzpatrick that humiliation or an emotional injury can qualify as an adverse effect. 665 F.2d at 331 & n. 7.

98 Cal. Daily Op. Serv. 3404, 98 Daily Journal D.A.R. 4703 Metro Display Advertising, Inc., a California Corporation v. City of Victorville, a California Municipal Corporation Terry Caldwell, Mayor Felix Diaz, Councilman Guy Patterson, Councilman Individually and in Their Respective Official Capacities

143 F.3d 1191 · Court of Appeals for the Ninth Circuit · May 6, 1998

. * KLEINFELD, Circuit Judge: 1 This is a qualified immunity claim by municipal officials relating to censorship of posters in bus shelters. … established" as to deprive them of qualified immunity.

Paul Maney v. Kate Brown

91 F.4th 1296 · Court of Appeals for the Ninth Circuit · Feb 1, 2024

prioritization decision to illustrate when “not administering” a covered countermeasure could be protected 2 Individuals who directly administer countermeasures to other individuals fall within the definition of a “qualified … person.” 42 U.S.C. § 247d-6d(i)(8) (“The term ‘qualified person’, when used with respect to the administration or use of a covered countermeasure, means—(A) a licensed health professional or other individual who is authorized

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: "

Green v. United States

630 F.3d 1245 · Court of Appeals for the Ninth Circuit · Jan 25, 2011

OPINION BEA, Circuit Judge: This case presents the question whether statutory qualified immunity protects the U.S. … If the exception applies, immunity is reinstated.

William Thornton v. Edmund G. Brown, Jr

757 F.3d 834 · Court of Appeals for the Ninth Circuit · Feb 18, 2014

Moreover, a federal court can issue a writ of habeas corpus only where a state court’s judgment “resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as … Absolute immunity therefore does not apply to Plaintiffs enforcement-based claim. However, the district court also dismissed this claim as barred by qualified immunity.

Delores A. Mosher v. H. C. Saalfeld and Wesley J. Robinson

589 F.2d 438 · Court of Appeals for the Ninth Circuit · Jan 26, 1979

Liability of Robinson Robinson relies upon the defenses of qualified executive immunity and absolute judicial immunity. Under the qualified executive immunity doctrine (see Scheuer v. … Robinson was insulated from suit under the doctrine of qualified executive immunity. *442 In the alternative Robinson claims immunity under the doctrine of absolute judicial immunity. The case of Pierson v.

David Burke v. County of Alameda

Court of Appeals for the Ninth Circuit · Nov 10, 2009

of qualified immunity … We affirm the grant of summary judgment as to Foster only because he is entitled to immunity. Because local government units are not entitled to the qualified-immunity defense, Hervey v.

Department Of Education, State Of Hawaii v. Katherine D.

727 F.2d 809 · Court of Appeals for the Ninth Circuit · Feb 24, 1984

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. Sec. 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.

Graves v. City Of Coeur D'alene

339 F.3d 828 · Court of Appeals for the Ninth Circuit · Aug 1, 2003

of the officer, when the law is not clearly established. … clearly established.