Case law

Lassonde v. Pleasanton Unified School District

320 F.3d 979 · Court of Appeals for the Ninth Circuit · Feb 19, 2003

Defendants answered that their actions were protected by qualified immunity. 13 Both parties moved for summary judgment. … His appeal is limited to the question whether, under the first step of the qualified immunity analysis required by Saucier v.

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.

Cole v. Oroville Union High School District

228 F.3d 1092 · Court of Appeals for the Ninth Circuit · Oct 2, 2000

Whether District Officials are Entitled to Qualified Immunity We now turn to the merits of the damage claims brought by Cole and Chris Niemeyer. … right and, if so, then determine “‘whether the right was clearly established at the' time of the alleged violation.’ ” Wilson v.

Kendrick v. Baca

141 F. App'x 511 · Court of Appeals for the Ninth Circuit · Jun 14, 2005

Both defendants are therefore entitled to qualified immunity with respect to the search. The Kendricks also urge that Deputy Costleigh is not entitled to qualified immunity with respect to the arrests. … The sheriff is therefore entitled to qualified immunity and summary judgment.

Marquez Ex Rel. Marquez v. City of Phoenix

693 F.3d 1167 · Court of Appeals for the Ninth Circuit · Sep 11, 2012

Amendment was not clearly established at the time of the incident. … Mattos, 661 F.3d at 452 (noting that there was not even sufficient case law clearly to establish that using an electronic control device against the alleged victim of domestic violence violated the Constitution).

Guizar v. Woodford

282 F. App'x 551 · Court of Appeals for the Ninth Circuit · Jun 11, 2008

We therefore reverse the district court’s denial of qualified immunity to Virrueta. … Although the Director-defendants might be entitled to qualified immunity on some other basis, they failed to raise any such argument in the district court.

Perfect 10, Inc. v. CCBill LLC

488 F.3d 1102 · Court of Appeals for the Ninth Circuit · May 31, 2007

incorporate the established meaning of these terms,” Rossi, 391 F.3d at 1004 n. 4 (9th Cir.2004) (quoting Neder v. … “The majority of federal circuits have interpreted the CDA to establish broad ‘federal immunity to any cause of action that would make service providers liable for information originating with a third-party user of the service

Jeffrey M. Galen v. County of Los Angeles Los Angeles County Sheriff's Department Anna Barrier Marian Holland Glenn Heinrich, Jeffrey M. Galen v. County of Los Angeles Los Angeles County Sheriff's Department Anna Barrier Marian Holland Glenn Heinrich

477 F.3d 652 · Court of Appeals for the Ninth Circuit · Jan 19, 2007

We must review the two steps of the qualified immunity inquiry in order. See Motley v. … Because the law regarding excessive bail and peace officers' liability for recommending bail enhancements was not clearly established, Sergeant Barrier and Deputy Heinrich are entitled to qualified immunity.

Jeffrey M. Galen v. County of Los Angeles Los Angeles County Sheriff's Department Anna Barrier Marian Holland Glenn Heinrich, Jeffrey M. Galen v. County of Los Angeles Los Angeles County Sheriff's Department Anna Barrier Marian Holland Glenn Heinrich

468 F.3d 563 · Court of Appeals for the Ninth Circuit · Nov 7, 2006

We must review the two steps of the qualified immunity inquiry in order. See Motley v. … Because the law regarding excessive bail and peace officers' liability for recommending bail enhancements was not clearly established, Sergeant Barrier and Deputy Heinrich are entitled to qualified immunity.

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.

Boyd v. City of Hermosa Beach

321 F. App'x 584 · Court of Appeals for the Ninth Circuit · Apr 1, 2009

MEMORANDUM * Hermosa Beach police officers appeal the district court’s denial of then- motions for summary judgment based upon qualified immunity. … "Our interlocutory review of the denial of qualified immunity in this case is limited to the narrow question whether the allegations indicate the Defendant[] violated [1 clearly established constitutional rights."

Jamie Kirkpatrick v. County of Washoe

Court of Appeals for the Ninth Circuit · Dec 9, 2016

OF WASHOE 3 to do so was not clearly established, and they were therefore entitled to qualified immunity on this claim. … OF WASHOE was not clearly established, and they are therefore entitled to qualified immunity on this claim.

Adams v. Speers

473 F.3d 989 · Court of Appeals for the Ninth Circuit · Jan 10, 2007

The Supreme Court held that Brosseau was entitled to qualified immunity because her actions fell in the 248 ADAMS v. … On these facts, Officer Speers was not entitled to qualified immunity. AFFIRMED.

Roselia Guerra, Jorges Equihua, Moises Flores, Alicia Flores, Ralph Ortiz, Francisco Martinez and Rosalba Martinez v. Roy Sutton, Individually and in His Official Capacity as Chief Criminal Investigator for the Yakima, Washington Office of Ins Roy C. Johnson, Paul A. Lowry, Robert J. Miller, Warren C. Goodwin, Joe A. Turner, Individually and in Their Capacity as Border Patrol Agents Steve Patterson, Tom Dewitt, James Robinson, and Dan Wells, Individually and in Their Capacity as Investigators for Ins, Roselia Guerra, Jorges Equihua, Moises Flores, Alicia Flores, Ralph Ortiz, Francisco Martinez and Rosalba Martinez v. United States Immigration and Naturalization Service, Roselia Guerra, Jorges Equihua, Moises Flores, Alicia Flores, Ralph Ortiz, Francisco Martinez and Rosalba Martinez v. United States Immigration and Naturalization Service

783 F.2d 1371 · Court of Appeals for the Ninth Circuit · Feb 28, 1986

IMMUNITY OF THE FEDERAL DEFENDANTS 13 A federal officer is entitled to qualified immunity for actions taken in the course of duty unless the officer's conduct violated "clearly established" law. Harlow v. … . 20 We construe the district court's dismissal of the FTCA claim as based on the same qualified immunity grounds.

Puente Arizona v. Joseph Arpaio

821 F.3d 1098 · Court of Appeals for the Ninth Circuit · May 2, 2016

immunity. … While “qualified immunity turns on whether [individuals] violated clearly established federal law,” a county’s liability under Monell for the sheriff’s actions turned “on the allocation of law enforcement power.” Id.

Embury v. King

179 F. App'x 409 · Court of Appeals for the Ninth Circuit · May 2, 2006

Talmadge King and other individually named defendants appeal the district court’s denial of qualified immunity. Because we find that any property right that the plaintiff, Dr. … at issue was not so clearly established that the individually named defendants should have known that they were violating Dr.

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.

Waggy v. SPOKANE COUNTY WASHINGTON

594 F.3d 707 · Court of Appeals for the Ninth Circuit · Feb 5, 2010

However, prosecutors are en *711 titled to only qualified immunity “when they perform investigatory or administrative functions, or are essentially functioning as police officers or detectives.” al-Kidd v. … with final authority to establish that policy.”

Morrison-Knudsen Co. v. CHG International, Inc.

811 F.2d 1209 · Court of Appeals for the Ninth Circuit · Feb 25, 1987

FSLIC’S IMMUNITY FSLIC also invokes its qualified immunity as receiver and its absolute sovereign immunity as a federal agency to support dismissal of the creditors’ claims. Neither contention has merit. … Receivers ordinarily enjoy a qualified immunity from personal liability for actions taken within their receivership authority. See, e.g., Leonard v.

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.