Case law

Reynolds ex rel. Estate of Reynolds v. County of San Diego

84 F.3d 1162 · Court of Appeals for the Ninth Circuit · May 28, 1996

Bryant, 502 U.S. 224, 226 , 112 S.Ct. 534, 536 , 116 L.Ed.2d 589 (1991) (qualified immunity protects officials from liability if a reasonable officer could have believed his actions were lawful in light of clearly established … Second, we determine whether the law governing the official’s conduct is clearly enough established to alert a reasonable officer to its constitutional parameters.

Phyllis S. Stones v. Los Angeles Community College District, Leslie Koltai, and Mary E. Lee

796 F.2d 270 · Court of Appeals for the Ninth Circuit · Aug 1, 1986

However, we need not reach the Eleventh Amendment question on this record, because even were we to find that the District is shielded from suit by the state’s sovereign immunity, Dr. … Stones to a full deanship did not stem from racial discrimination is not clearly erroneous.

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."

Tag Althof v. Michael Gower

676 F. App'x 720 · Court of Appeals for the Ninth Circuit · Jan 26, 2017

Moreover, summary judgment on the basis of qualified immunity was also improper because, viewing the facts in the light most favorable to Althof, there is a genuine dispute of material fact as to whether it would have … See Ashcroft v. al-Kidd, 563 U.S. 731, 735, 741 (2011) (discussing qualified immunity and noting that a right is clearly established only if “every reasonable official would have understood that what he is doing violates

Joe Morgan v. Bill Woessner, and Clay Searle Los Angeles City, (Two Cases)

997 F.2d 1244 · Court of Appeals for the Ninth Circuit · Jun 10, 1993

Qualified Immunity Instruction Defendants next take issue with the district court’s refusal to give to the jury a qualified immunity instruction. … Although it is not particularly clear, defendants’ argument seems to be that they were entitled to a qualified immunity instruction because “while the law was clearly established that an officer may not detain an individual

Tae Sook Park v. Bong Kil Shin Mee Sook Shin

313 F.3d 1138 · Court of Appeals for the Ninth Circuit · Dec 17, 2002

Shin qualifies as a “consular officer” within the meaning of Article 43. See id. at 80 (art. l(l)(d)); id. at 86 (art. 9(1)). … Therefore, he cannot qualify as a foreign state, and the FSIA does not bar the district court from exercising jurisdiction. 2. “Commercial activities” exception to sovereign immunity Even if Mr.

Willard S. Walker v. John O. Hoffman, Russell B. Halliday, Dale L. Farley, Merle Hofferber, W. P. Ronayne, Edward Lewis, Jr., and Does I Through X

583 F.2d 1073 · Court of Appeals for the Ninth Circuit · Jun 23, 1978

established in Scheuer v. … In order to qualify for immunity, an officer must have reasonable, objective grounds for thinking his actions *1075 lawful, and must act subjectively in good faith.

Harry Franklin v. State of Oregon, State Welfare Division

662 F.2d 1337 · Court of Appeals for the Ninth Circuit · Dec 7, 1981

We, therefore, reverse the dismissal of eleven of Franklin’s actions over which the court did not clearly lack jurisdiction. … Polk County, 628 F.2d 1104 (8th Cir. 1980), cert. granted, 450 U.S. 963 , 101 S.Ct. 1478 , 67 L.Ed.2d 612 (1981) (public defenders, because they act under color of state law, enjoy only a qualified immunity).

95 Cal. Daily Op. Serv. 5683, 95 Daily Journal D.A.R. 9718 Clinton W. Love, Sr. And Rose Mary Love, Husband and Wife v. United States of America

60 F.3d 642 · Court of Appeals for the Ninth Circuit · Jul 21, 1995

The district court granted summary judgment on the Bivens claim, holding that the federal agents were entitled to qualified immunity. … property without first giving them this notice, the FmHA agents violated the Loves’ clearly established federal right.

United States v. Tucor International, Inc.

238 F.3d 1171 · Court of Appeals for the Ninth Circuit · Jan 25, 2001

The government's position in the Tucor prosecution was that the immunity provisions in Section 7 apply only to entities that engage in some common carrier activity, that is, to entities that do qualify as common carriers … But lack of bad faith is already established by the district court's finding that the government honestly believed that the Section 7 immunities did not apply to Appellants.

Felipe Espino-Castillo v. Eric Holder, Jr.

770 F.3d 861 · Court of Appeals for the Ninth Circuit · Oct 29, 2014

INS, 213 F.3d 1179 (9th Cir. 2000), to the clearly established rule that a fraud conviction is a CIMT did not apply to this offense, where the underlying conduct involved the use of false information to obtain employment. … “Such has been the clearly established rule with respect to fraud since at least 1951.” Navarro-Lopez, 503 F.3d at 1074 (Reinhardt, J., concurring for a majority). The petition for review is DENIED.

Ignacio Lanuza v. Jonathan Love

899 F.3d 1019 · Court of Appeals for the Ninth Circuit · Aug 14, 2018

The panel affirmed the district court’s order denying qualified immunity to ICE Assistant Chief Counsel Jonathan Love because qualified immunity was not meant to protect those who are “plainly incompetent or those who knowingly … “The doctrine of qualified immunity shields officials from civil liability so long as their conduct ‘does not violate clearly established . . . constitutional rights of which a reasonable person would have known.’”

State of Idaho v. Lon T. Horiuchi

253 F.3d 359 · Court of Appeals for the Ninth Circuit · Jun 5, 2001

Fitzgerald, 457 U.S. 800, 817-18 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982), which rejected the subjective prong for the qualified immunity defense and held that immunity requires only a showing that *367 the conduct was objectively … We rejected the officer’s claim of qualified immunity, holding that the justification for the use of deadly force does not continue indefinitely.

Judith Thomas-Lazear Steven R. Reed European Overseas Bank Limited v. Federal Bureau of Investigation, and John Shockey Robert Kilbane

851 F.2d 1202 · Court of Appeals for the Ninth Circuit · Jul 11, 1988

The district court granted summary judgment on the ground that the Appellants had no liberty or property interest in the bank license and alternatively the United States federal officials were entitled to qualified immunity … Because we affirm summary judgment on these grounds, we do not address the question of qualified immunity. II.

Ford v. Cohn

44 F. App'x 145 · Court of Appeals for the Ninth Circuit · Aug 5, 2002

The district court did not explain its basis for finding qualified immunity applicable. … The plaintiffs’ allegations that the defendants purposefully and maliciously violated the plaintiffs’ statutory and constitutional rights are sufficient to allege that the defendants violated clearly established rights of

Travelers Casualty Insurance Co. of America v. Hirsh

831 F.3d 1179 · Court of Appeals for the Ninth Circuit · Aug 3, 2016

For example, claims of absolute immunity qualify because they present the legal question of whether the defendant is in a class of people that can’t be sued in the first place. See Nixon v. … The same is true for some qualified immunity determinations. We accept interlocutory appeals to determine whether a law that a government actor allegedly violated was clearly established at the time. See Mitchell v.

Bias v. Moynihan

Court of Appeals for the Ninth Circuit · Nov 28, 2007

“In deciding whether Defendants are entitled as a matter of law to qualified immunity, we must accept the facts in the light most favorable to the Plaintiffs and then determine whether, in light of clearly established principles … In determining whether Officer Moynihan is entitled to qualified immunity, we must ask two questions: “ ‘(1) Was the law governing the officer’s conduct clearly established?

Morrison v. Jones

607 F.2d 1269 · Court of Appeals for the Ninth Circuit · Oct 19, 1979

The Supreme Court has never decided whether individuals performing legislative functions on the purely local level should be afforded this type of absolute immunity, or whether they are entitled only to the qualified immunity … Wiley, Director of the Department of Social Services, is an executive officer, and he can only avail himself of the qualified immunity of Scheuer v. Rhodes, supra.

Vinson v. Thomas

288 F.3d 1145 · Court of Appeals for the Ninth Circuit · May 3, 2002

immunity. … Indeed, a public entity does not violate the law by refusing to accommodate individuals who cannot establish that they have disability that qualifies them for an accommodation. 63 Thus, it is important to focus on the information

Deep Sea Research, Inc. v. The Brother Jonathan

89 F.3d 680 · 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.