Case law

William French Smith, Successor to Benjamin R. Civiletti, Attorney General v. Eduardo P. Pangilinan

651 F.2d 1320 · Court of Appeals for the Ninth Circuit · Oct 1, 1981

Clearly, the Attorney General, who is charged with administration and enforcement of the laws relating to immigration and naturalization, has an interest in a case in which people seek to have it determined that they are … But to do would clearly frustrate the purpose of section 301 of the Covenant, and would hardly contribute to good relations with the newly-formed Commonwealth of the Northern Marianas.

American Fire v. Gillespie

932 F.2d 816 · Court of Appeals for the Ninth Circuit · May 8, 1991

The district court granted the defendants' motion for summary judgment on the ground that they were entitled to qualified immunity. … The proper balance has been struck in limiting the defense of qualified immunity to actions for money damages.

Villegas v. Hackett

225 F. App'x 580 · Court of Appeals for the Ninth Circuit · Mar 19, 2007

They also appeal the denial of qualified immunity to Hack-ett. We affirm in part and dismiss in part. … Because these principles were clearly established, Hackett was not entitled to qualified immunity when he either failed to be cognizant of or ignored them. See Brosseau v.

W. Michael Kimes J. Colette Boykin v. Peter G. Stone, Judge, Superior Court Robert L. Mezzetti, II Henry Mariani Robert MacHado

84 F.3d 1121 · Court of Appeals for the Ninth Circuit · May 22, 1996

Although we have found immunities in § 1983 that do not appear on the face of the statute, “[w]e do not have a license to establish immunities from § 1983 actions in the interests of what we judge to be sound public policy … qualified immunity, available to other public officials.

Chad Bock v. State of Washington

33 F.4th 1139 · Court of Appeals for the Ninth Circuit · May 9, 2022

STATE OF WASHINGTON qualified immunity also fail. 3 Pearson v. … Callahan, 555 U.S. 223, 231 (2009) (“[Q]ualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of

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

97 Cal. Daily Op. Serv. 3460, 97 Daily Journal D.A.R. 5965 Lawrence Perkins Clara Perkins April Perkins, a Minor, by and Through Her Guardian Ad Litem, Lawrence Perkins v. City of West Covina Detective Ferrari Detective Melnyk

113 F.3d 1004 · Court of Appeals for the Ninth Circuit · May 9, 1997

Qualified immunity 20 A law enforcement officer is entitled to qualified immunity in a § 1983 action if the district court determines that, in light of clearly established principles governing the conduct in question at the … This court reviews de novo the district court's decision on qualified immunity. Elder v.

Romstad v. Contra Costa County

41 F. App'x 43 · Court of Appeals for the Ninth Circuit · Jul 1, 2002

However, Hollowell is entitled to qualified immunity protection for the nonjudicial function of removing Martin at the direction of her supervisor. See Meyers, 812 F.2d at 1158 . … Even though the phrase is to be interpreted broadly and includes “places of accommodation or amusement,” we cannot conclude that a county social services department qualifies as a “business establishment” under the Unruh

Grason Electric Company 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 11 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 show that it is acting pursuant to a clearly articulated and affirmatively expressed state policy to displace competition

ERIC DODGE V. EVERGREEN SCHOOL DISTRICT 114

Court of Appeals for the Ninth Circuit · Dec 29, 2022

It concluded that Principal Garrett and HR Officer Gomes were protected by qualified immunity because it was not clearly established that their actions violated the Constitution. … qualified immunity.’”

Mendocino Environmental Center v. Mendocino County

192 F.3d 1283 · Court of Appeals for the Ninth Circuit · Sep 24, 1999

on qualified immunity and on other grounds, and, on October 15, 1997, the district court issued its decision. … the resolution of the qualified immunity issue.

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.

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.

Humphries v. County of Los Angeles

554 F.3d 1170 · Court of Appeals for the Ninth Circuit · Jan 30, 2009

Qualified Immunity Having decided that the Humphries’ Due Process rights under the Fourteenth Amendment were violated, we next consider whether the individual defendants are entitled to qualified immunity. … This is demonstrated clearly in the Hum-phries’ case.

Smith v. County of Orange

197 F. App'x 652 · Court of Appeals for the Ninth Circuit · Aug 15, 2006

Under Pickering , Smith’s First Amendment rights were clearly established. See Keyser, 265 F.3d at 748 . … Therefore, Rackauckas is not entitled to qualified immunity and the district court properly denied his motion for summary judgment. AFFIRMED.

Robinson v. County of Los Angeles

308 F. App'x 69 · Court of Appeals for the Ninth Circuit · Jan 8, 2009

Even where an employee did engage in constitutionally protected speech, a qualified immunity summary judgment motion requires courts to decide whether the rights the plaintiff claims were “clearly established at the time … Qualifíed Immunity Because a “constitutional right would have been violated were [the plaintiffs] allegations established,” the next step in evaluating a claim to qualified immunity “is to ask whether the right was clearly

Robinson v. County of Los Angeles

308 F. App'x 69 · Court of Appeals for the Ninth Circuit · Jan 8, 2009

Even where an employee did engage in constitutionally protected speech, a qualified immunity summary judgment motion requires courts to decide whether the rights the plaintiff claims were “clearly established at the time … Qualifíed Immunity Because a “constitutional right would have been violated were [the plaintiffs] allegations established,” the next step in evaluating a claim to qualified immunity “is to ask whether the right was clearly

Council of Insurance Agents & Brokers v. Molasky-Arman

522 F.3d 925 · Court of Appeals for the Ninth Circuit · Apr 10, 2008

Second, they must establish “a causal connection between the injury and the conduct complained of.” Id. … Privileges and Immunities Clause of Article IV As noted, the Privileges and Immunities Clause of Article IV provides that the “Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several

Gabriel Ruvalcaba v. City of Los Angeles Daryl Gates, Martin Coon, ( 21604) in Both Their Personal and Official Capacities

167 F.3d 514 · Court of Appeals for the Ninth Circuit · Feb 5, 1999

In both instances, the issue is whether the officer’s actions were reasonable under the circumstances in light of clearly established law. … In Chew , this court held that, as of September 1988, the law was not established sufficiently clearly to prohibit the use of dogs to search for and bite unarmed suspects. Id. at 1447 .

Jimenez v. California Department of Corrections

139 F. App'x 806 · Court of Appeals for the Ninth Circuit · Jul 14, 2005

We further conclude that Jimenez’s right was clearly established at the time of the incident. See Lolli v. County of Orange, 351 F.3d 410, 421-22 (9th Cir.2003) (citing Felix v. … Hoang, and Sum are not entitled to qualified immunity for their alleged personal participation in the March 27,1998 incident.