Case law

Henderson v. Mohave County

54 F.3d 592 · Court of Appeals for the Ninth Circuit · Jun 6, 1995

The Sheriffs' Appeal 11 The standard for qualified immunity is definitively established by Hunter v. Bryant, 502 U.S. 224 , 112 S.Ct. 534 , 116 L.Ed.2d 589 (1991). … The entire jurisprudence of qualified immunity is premised on the proposition that well-trained, competent police officers will be aware of what constitutional rights have been established.

Hale v. Norton

461 F.3d 1092 · Court of Appeals for the Ninth Circuit · Aug 25, 2006

violated clearly established law. … Like qualified immunity, the Hales' claim turns on an "essentially legal question," and that claim is "effectively lost" if the NPS conducts the NEPA analysis.

Bryant v. Newland

64 F. App'x 58 · Court of Appeals for the Ninth Circuit · Apr 24, 2003

The law governing inmate safety was clearly established at the time Bryant’s constitutional claims arose. See Farmer, 511 U.S. at 834 . … Accordingly, the district court properly denied the Defendants’ motion for summary judgment based upon qualified immunity as to Bryant’s constitutional claim. See Clement v.

Mercy-Peninsula Ambulance, Inc. v. County of San Mateo

791 F.2d 755 · Court of Appeals for the Ninth Circuit · Jun 10, 1986

The statute in this case directs the counties to establish a plan for the provision and regulation of emergency medical services, including ambulance and paramedic services. Cal.Health and Safety Code § 1797.204. … State action immunity should apply to the county under such circumstances.

Milstein v. Cooley

69 F. App'x 849 · Court of Appeals for the Ninth Circuit · Jun 23, 2003

right,” and (2) whether the constitutional right was “clearly established” such that “it would be clear to a reasonable officer that his conduct was unlawful in the situation he confronted.” … Because there were no facts to show that either Cooley or Foltz violated Milstein’s constitutional rights, they are entitled to qualified immunity. AFFIRMED.

Jacobson v. Hannifin

627 F.2d 177 · Court of Appeals for the Ninth Circuit · Sep 5, 1980

The district court granted summary judgment for the State on alternative grounds: (1) the defendants acted in good faith and were thus protected by qualified immunity, and (2) Jacobson failed to state a claim for denial of … Those claims are clearly without merit and were correctly dismissed by the district court on summary judgment.

Cinevision Corp. v. City of Burbank

745 F.2d 560 · Court of Appeals for the Ninth Circuit · Oct 18, 1984

Because the act was executive, we held that the legislators “enjoy a qualified rather than an absolute immunity.” Id. at 1350 (citing Morrison v. … Thus, Councilman Richman enjoyed only a qualified immunity from a damages claim under 42 U.S.C. § 1983 .

Christopher Garnier v. Michelle O'connor-Ratcliff

41 F.4th 1158 · Court of Appeals for the Ninth Circuit · Jul 27, 2022

“Qualified immunity shields federal and state officials from money damages” unless the official violated a statutory or constitutional right that “was ‘clearly established’ at the time of the challenged conduct.” … “[A]bsent controlling authority,” “a robust ‘consensus of cases of persuasive authority’” can clearly establish law for purposes of qualified immunity. Id. at 742 (quoting Wilson v. Layne, 526 U.S. 603, 617 (1999)).

Students of California School for the Blind v. Bill Honig, in His Capacity as Superintendent of Public Instruction of the State of California

736 F.2d 538 · Court of Appeals for the Ninth Circuit · Jun 29, 1984

That finding is not clearly erroneous. … court’s findings of fact that the seismic tests were inadequate are not clearly erroneous.

Castillo v. City & County of San Francisco

283 F. App'x 536 · Court of Appeals for the Ninth Circuit · Jun 24, 2008

In the alternative, even if the officers lacked probable cause to arrest Castillo under California Penal Code § 12020, we conclude that they would be entitled to qualified immunity because it was not “clearly established” … Further, even if Castillo’s rights were violated, the officers are entitled to qualified immunity because the law was not clearly established. Thus, the individual defendants are not liable under § 1983.

Kennedy v. City of Ridgefield

440 F.3d 1091 · Court of Appeals for the Ninth Circuit · Mar 7, 2006

Next, we look to whether the constitutional right was clearly established. In Kennedy, because no constitutional right can be established under the first step, the second step need not be reached. … Id. at 201, 121 S.Ct. 2151 ("If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity."). 14 Established Ninth Circuit

Doe v. Maher

793 F.2d 1470 · Court of Appeals for the Ninth Circuit · Jul 11, 1986

Scherer, 468 U.S. 183 , 104 S.Ct. 3012 , 82 L.Ed.2d 139 (1984), the Supreme Court clearly delineated the scope of this qualified immunity: “A plaintiff who seeks damages for violation of constitutional or statutory rights … may overcome the defendant official’s qualified immunity only by showing that those rights were clearly established at the time of the conduct at issue.”

Crowe v. County of San Diego

13 F. App'x 560 · Court of Appeals for the Ninth Circuit · Jun 27, 2001

Finally, Stephan argues that she is entitled to qualified immunity because the law was not “clearly established” at the time of her statements. Anderson v. … This judgment does not preclude Stephan from asserting qualified immunity at the summary judgment phase once the precise facts are known.

Oberfelder v. Bertoli

67 F. App'x 408 · Court of Appeals for the Ninth Circuit · Jun 4, 2003

immunity under Saucier’s first prong. … Nor is Bertoli entitled to immunity under Saucier’s second prong. See id. (asking whether “the right was clearly established”).

Coverdell v. Department Of Social And Health Services

834 F.2d 758 · Court of Appeals for the Ninth Circuit · Dec 15, 1987

Coverdell contends that McLaughlin enjoyed, at most, qualified immunity, and that a jury should be permitted to decide whether McLaughlin's actions were sufficiently malicious and/or unreasonable to defeat the qualified immunity … application that failed to establish probable cause.

Thompson v. Williams

320 F. App'x 678 · Court of Appeals for the Ninth Circuit · Mar 26, 2009

The district court also properly concluded that the defendants are entitled to qualified immunity because it was not clearly-established at the time of the violation that the defendants were required to provide him with either … Katz, 533 U.S. 194 , 200-01, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001) (“Where the defendant seeks qualified immunity, a ruling on that issue should be made early in the proceedings so that the costs and expenses of trial are

Deep Sea Research, Inc. v. The Brother Jonathan

102 F.3d 379 · Court of Appeals for the Ninth Circuit · Dec 4, 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.

Washington State Electrical Contractors Association, Inc. Collins Electric Co. The Dalford Co. Pmc, Inc. v. Frank Forrest State of Washington

930 F.2d 736 · Court of Appeals for the Ninth Circuit · Apr 15, 1991

It is now apparent, after further briefing and argument, that the Apprenticeship Council may not qualify as a state agency. … First, the challenged restraint must be one clearly articulated and affirmatively expressed as state policy. Second, the anti-competitive conduct must be actively supervised by the state itself.

Al-Kidd v. Ashcroft

598 F.3d 1129 · Court of Appeals for the Ninth Circuit · Mar 18, 2010

In doing so, we determined Ashcroft was not entitled to absolute or qualified immunity because he served an investigative function in connection with the challenged policy, which violated al-Kidd’s clearly established constitutional … City of Anaheim, 343 F.3d 1052, 1060 (9th Cir.2003) (“[I]n the absence of binding precedent, a court should look to whatever decisional law is available to ascertain whether the law is clearly established for qualified immunity

Galvin v. Hay

374 F.3d 739 · Court of Appeals for the Ninth Circuit · Jun 8, 2004

DISCUSSION * Qualified Immunity 10 Qualified immunity analysis proceeds in two stages. We must first inquire whether the plaintiffs have established a constitutional violation. … alternatives" in the absence of an audience was not clearly established in March 1997. 59 The defendants are therefore entitled to qualified immunity on the plaintiffs' First Amendment Bivens cause of action.