Case law

Aguirre v. City of West Covina

187 F. App'x 755 · Court of Appeals for the Ninth Circuit · Jun 30, 2006

Because the district court concluded that Officer Davis did not violate Raymond Aguirre’s rights, it did not decide whether Officer Davis’s use of force would have violated clearly established law. … Thus, we remand this appeal to the district court for trial on the issue whether Officer Davis is entitled to qualified immunity.

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.

Campbell v. State of Washington Department of Social & Health Services

671 F.3d 837 · Court of Appeals for the Ninth Circuit · Nov 7, 2011

Moreover, defendants are not entitled to qualified immunity because it was clearly established at the time of the events that the state owes an affirmative duty of care when it exposes an individual to danger that she would … Even if a plaintiff has alleged a violation of constitutional right, state actors are immune from suit if the right was not clearly established at the time of the events in question.

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.

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

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.

Deep Sea Research, Inc. v. Brother Jonathan

102 F.3d 379 · Court of Appeals for the Ninth Circuit · Jul 17, 1996

It reasons that “[i]f a state has to prove the merits of its ownership claim in order to establish its Eleventh Amendment immunity, then it has no Eleventh Amendment immunity.” … They further argued that because Eleventh Amendment immunity is a jurisdictional bar, the burden is on the plaintiffs to establish that the defendants are not entitled to such immunity. Id.

MERAS v. Sisto

676 F.3d 1184 · Court of Appeals for the Ninth Circuit · Apr 23, 2012

However, if our court were to get into the business of saying what we thought of the de novo merits of every AEDPA case, that could affect a subsequent decision addressing whether a right was "clearly established” for qualified … immunity purposes.

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

J. Hyan v. Rosslyn Hummer

825 F.3d 1043 · Court of Appeals for the Ninth Circuit · Jun 14, 2016

If the defendant makes this showing, the “burden then shifts to the plaintiff . . . to establish a reasonable probability that it will prevail on its claim in order for that claim to survive dismissal.” … For this reason, the grant of a motion for qualified immunity is not appealable under the collateral order doctrine. See Krug v. Lutz, 329 F.3d 692, 694 n.2 (9th Cir. 2003).  HYAN V.

Fred Hass v. Oregon State Bar

883 F.2d 1453 · Court of Appeals for the Ninth Circuit · Aug 30, 1989

The Supreme Court has suggested, in dictum, that state agencies need not satisfy the requirement to qualify for the state action exemption. … The activity at issue is immune from challenge under the Sherman Act by reason of the state action exemption because the activity was undertaken pursuant to a clearly articulated and affirmatively expressed state policy.

Glenn v. Washington County

673 F.3d 864 · Court of Appeals for the Ninth Circuit · Nov 4, 2011

right was clearly established at the time of the alleged misconduct. … Smith, 394 F.3d at 703 (reversing district court’s grant of qualified immunity).

Harold Dawavendewa, a Single Man v. Salt River Project Agricultural Improvement and Power District, an Arizona Corporation, the Navajo Nation

276 F.3d 1150 · Court of Appeals for the Ninth Circuit · Jan 2, 2002

In this case, the Nation has not waived its tribal sovereign immunity and Congress has not clearly abrogated tribal sovereign immunity in Title VII cases. 9 Dawavendewa, undaunted, argues that tribal sovereign immunity does … employ, in order of preference, first, qualified non-local Navajos, and second, non-Navajos. 3 .

Lisa Demaree v. John Krause

Court of Appeals for the Ninth Circuit · Apr 6, 2018

(ii) Whether the constitutional right was clearly established We move to the second step of the qualified immunity inquiry—whether the relevant judicial precedents at the time of the incident clearly gave notice … Clearly Established Law The second prong of the qualified immunity analysis is whether the right at issue was clearly established.

Kirkpatrick v. City of Los Angeles

803 F.2d 485 · Court of Appeals for the Ninth Circuit · Oct 24, 1986

A Public servants performing discretionary tasks are immune from individual liability if their actions do not violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” … Qualified immunity protects the public official and society from expending resources inappropriately.

Bressi v. Ford

Court of Appeals for the Ninth Circuit · Aug 4, 2009

The evidence is insufficient to create an issue of fact as to whether the Offi- cers were acting under federal authority in establishing the roadblock, which was clearly a tribal initiative. B. … It held that, even if the stop was determined to be unlawful and to taint the probable cause for the arrest, this principle was not clearly established law at the time of the arrest.

John Ellins v. City of Sierra Madre

Court of Appeals for the Ninth Circuit · Mar 22, 2013

that right was clearly established at the time of the challenged conduct. … It is true that if Diaz “could . . . have reasonably but mistakenly believed that . . . her conduct did not violate a clearly established constitutional right, [s]he is entitled to qualified immunity.” Hunt v.

Burlington Northern & Santa Fe Railroad Company v. Vaughn

Court of Appeals for the Ninth Circuit · Dec 7, 2007

As with absolute, qualified, and Eleventh Amendment immunity, tribal sovereign immunity “is an immunity from suit rather than a mere defense to liabil- ity; and . . . it is effectively lost if a case is erroneously per- mitted … Clearly it has done so.

Bernardo Mendia v. John Garcia

874 F.3d 1118 · Court of Appeals for the Ninth Circuit · Nov 3, 2017

The district court found that the individual defendants were not entitled to qualified immunity on plaintiff’s Bivens claims, and this interlocutory appeal followed. … The individual defendants then moved to dismiss the Bivens claims on qualified immunity grounds, which the court denied.