Case law

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."

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.

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.

97 Cal. Daily Op. Serv. 2006, 97 Daily Journal D.A.R. 3697 David L. May v. G.H. Baldwin, Superintendent Eastern Oregon Correctional Institution Strogham, Hearings Officer at Eoci Al Chandler, Administrator, Oregon Department of Corrections Classification and Transfer Division M. Barth, Captain, Oregon Department of Corrections Transportation Manager J. Ramsey, Lieutenant Oregon Department of Corrections Transportation Program Assistant Manager

109 F.3d 557 · Court of Appeals for the Ninth Circuit · Mar 19, 1997

The affirmative defense of qualified immunity shields public officials performing discretionary functions from liability for civil damages under § 1983 "insofar as their conduct does not violate clearly established statutory … CONCLUSION 37 We find that May's right to avoid loosening his dreadlocks was not clearly established at the time of the alleged violations of RFRA, and the prison officials are entitled to qualified immunity from damages.

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.

Sumatra Kendrick v. Conduent State and Local Solu.

910 F.3d 1255 · Court of Appeals for the Ninth Circuit · Dec 13, 2018

Although the other two defendants are clearly governmental entities within the meaning of the statutory exception, Conduent contends it is not such an entity. … Our case law provides no clear answer as to whether Conduent qualifies as a governmental entity within the meaning of CAFA.

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.

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.

Stanton McCain, II v. Department of Corrections

Court of Appeals for the Ninth Circuit · Dec 18, 2023

immunity on the claims for damages because McCain failed to show any violation of his statutory or constitutional rights. … Cnty. of Los Angeles, 974 F.3d 1012, 1018 (9th Cir. 2020) (“qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional

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.

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

National Ass'n for the Advancement of Multijurisdiction Practice v. Berch

773 F.3d 1037 · Court of Appeals for the Ninth Circuit · Dec 8, 2014

The panel held that plaintiffs failed to establish that the Arizona Rule is unconstitutional on Fourteenth Amendment, First Amendment, or Privileges and Immunities Clause grounds. … Although Plaintiffs can establish Article III standing based on injuries suffered by Girvin, Plaintiffs fail to establish that the AOM 20 NAAMJP V.

Dossey Douglas v. California Department of Youth Authority

285 F.3d 1226 · Court of Appeals for the Ninth Circuit · Apr 12, 2002

To establish waiver, Congress must first make it clear that amenability to suit in federal court is a condition of a State accepting federal funds, and, second, the State must make a “clear declaration” that it intends to … Whether Congress clearly required that a State waive its immunity before accepting federal funds (the first inquiry) is not the same thing, however, as whether the State clearly declared its knowing waiver (the second inquiry

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.

Soranno's Gasco, Inc. v. Morgan

874 F.2d 1310 · Court of Appeals for the Ninth Circuit · May 15, 1989

Qualified Immunity The defendants assert qualified immunity as another alternative ground for affirming the district court’s decision. … Government officials performing discretionary functions have qualified immunity from personal liability to the extent that “their conduct does not violate clearly established statutory or constitutional rights of which a

Clement v. J & E Service

Court of Appeals for the Ninth Circuit · Mar 10, 2008

Officer Young asserts qualified immunity as a defense to liability. See Wyatt v. Cole, 504 U.S. 158, 167 (1992); Harlow v. Fitzgerald, 457 U.S. 800, 819 (1982); Jen- sen v. … The constitu- tional requirement at issue—that pre-towing notice be given before a car with a valid PNO certificate may be removed from a parking lot matching the owner’s address—was not clearly established at the time of

Melvin Albiso Aurelio Jr. Casem v. Sherman Block County of Los Angeles Dwayne Benson Scott Johnson Ten Unknown Named L.A. County Deputy Sheriffs

53 F.3d 337 · Court of Appeals for the Ninth Circuit · May 1, 1995

We reverse the summary judgment granting qualified immunity to the deputies on the issue of seizure and remand for trial by a jury. … "[Q]ualified immunity shields [officers] from suit for damages if a 'reasonable officer could have believed [the suspect's detention] to be lawful, in light of clearly established law and the information the [detaining] officer

Ward v. Ryan

623 F.3d 807 · Court of Appeals for the Ninth Circuit · Sep 27, 2010

After the case returned to district court, the Director moved for summary judgment on the due-process claim, asserting that he was entitled to qualified and sovereign immunity. … The district court granted partial summary judgment in the Direc- tor’s favor, holding that the Director was entitled to qualified immunity regarding his personal liability and to sovereign immunity for his official actions

98 Cal. Daily Op. Serv. 1664, 98 Daily Journal D.A.R. 2339 David Picray v. Colleen Sealock Norma Buckno Dan Burk Barbara Pyburn Benton County, a Political Subdivision of the State of Oregon S. Hammersley Joe Bonitz City of Albany, a Political Subdivision of the State of Oregon

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

The individual defendants 14 A government official is qualifiedly immune from § 1983 liability unless his conduct violates "clearly established statutory or constitutional rights of which a reasonable person would have known … He contends that each of these bases of immunity was clearly established at the time of his arrest.

Ronwin v. State Bar

686 F.2d 692 · Court of Appeals for the Ninth Circuit · Dec 14, 1981

Viewing the present case at this stage of the proceedings in light of the Court’s state-action requirements, we conclude that the challenged grading procedure fails to qualify for antitrust immunity. … It has not been established that the alleged restraint was “clearly articulated and affirmatively expressed as state policy,” Midcal’s first requirement. Id.