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. 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.

97 Cal. Daily Op. Serv. 1109, 97 Daily Journal D.A.R. 1721 Humberto Alvarez-Machain v. United States of America Antonio Garate-Bustamante Francisco Sosa, and Hector Berellez Bill Waters Pete Gruden Jack Lawn, Humberto Alvarez-Machain v. United States of America, Humberto Alvarez-Machain v. United States of America, and Francisco Sosa Antonio Garate-Bustamante

107 F.3d 696 · Court of Appeals for the Ninth Circuit · Feb 19, 1997

The district court allowed the action to proceed on conduct by DEA agents acting within the United States, however, holding that the alleged conduct, if proved, clearly violated established constitutional rights. … DEA Agents Qualified Immunity 23 Pre-trial detainees possess a clearly established right to be free from punishment. Bell v. Wolfish, 441 U.S. 520, 534-37 , 99 S.Ct. 1861, 1871-73 , 60 L.Ed.2d 447 (1979).

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”).

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

Thomas v. Nakatani

309 F.3d 1203 · Court of Appeals for the Ninth Circuit · Nov 6, 2002

It did so largely because allowing a suit to proceed against a state or state entity would undermine the very purpose for which the immunity was established: to protect states from being sued in federal court. … Since this appeal is from a district court’s denial of a state’s claim to Eleventh Amendment immunity at the motion stage of litigation, one would think that it is clearly governed by Metcalf & Eddy.

E. v. v. Eugene Robinson, Jr.

906 F.3d 1082 · Court of Appeals for the Ninth Circuit · Oct 17, 2018

The House report clearly indicates that Congress intended for the 1976 amendment to supersede the Larson exceptions by eliminating the sovereign immunity defense, but it does not indicate that Congress also intended to abrogate … Halderman, 465 U.S. 89, 101 n.11, 112 n.22 (1984), to conclude that a federal project engineer “clearly . . . had authority to relocate irrigation canals to better serve” an Indian tribe, and so was immune from a suit alleging

Shotland v. City of Torrance

189 F. App'x 615 · Court of Appeals for the Ninth Circuit · Jul 11, 2006

immunity. 1 Yet even without considering the state court’s decision, I would still reverse the district court and hold that the officers are entitled to qualified immunity. … immunity.

Robert K. Richardson v. James E.T. Koshiba, Joan S. Brown, Herbert C. Cornuelle, William L. Fleming, Henry T. Miyamoto, Lawrence S. Okinaga

693 F.2d 911 · Court of Appeals for the Ninth Circuit · Dec 1, 1982

In rebuttal Richardson argues that (1) even if defendants are agents of the court, their functions were executive in nature, (2) for this reason they enjoy at best only a qualified immunity, and (3) their entitlement to qualified … We strike the same balance here, and hold that a qualified, good faith immunity and the “firm application of the Federal Rules of Procedure” amply protect the defendants from “insubstantial lawsuits.”

Thompson v. Central Valley School District No 365

Court of Appeals for the Ninth Circuit · Dec 29, 2025

of their conduct was clearly established at the time.” … CVSD NO 365 the district court’s grant of qualified immunity to the individual school administrators. AFFIRMED.

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.

Kristanalea Dyroff v. the Ultimate Software Group

934 F.3d 1093 · Court of Appeals for the Ninth Circuit · Aug 20, 2019

“The prototypical service qualifying for [CDA] immunity is an online messaging board (or bulletin board) on which Internet subscribers post comments and respond to comments posted by others.” Kimzey v. Yelp! … Under these set of facts, the website in Roommates.com was clearly the developer of the discriminatory content at issue. Id. at 1170.

Lolli v. County Of Orange

351 F.3d 410 · Court of Appeals for the Ninth Circuit · Nov 21, 2003

Qualified Immunity 30 Because of the factual disputes that Lolli has identified, the individual officers whose grants of summary judgment we have reversed also are not entitled to summary judgment based upon qualified immunity … Katz, 533 U.S. 194 , 201, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001) ("If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity

Streit v. County of Los Angeles

236 F.3d 552 · Court of Appeals for the Ninth Circuit · Jan 12, 2001

The district court denied the City of San Jose and individual defendants’ motions for summary judgment, which claimed a qualified immunity defense. … In Fowler, the district court found that "in the face of [a] state court’s 'clearly established’ release order, it was unreasonable for the [Sheriff] to do more than simply 'check-out' the Plaintiff after he was returned

Christopher L. Watts v. J. McKinney and S.J. Steinberg

394 F.3d 710 · Court of Appeals for the Ninth Circuit · Jan 10, 2005

As to McKinney’s claim of qualified immunity, the district court followed Saucier v. Katz, 533 U.S. 194 , 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001). … The act attributed to McKinney violated a clearly established constitutional right "of which a reasonable person would have known." Harlow v. Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1981).

Kulas v. Miranda

61 F. App'x 431 · Court of Appeals for the Ninth Circuit · Apr 15, 2003

MEMORANDUM ** Defendants Cathy Jo Jones and Kathy Milnes appeal the order denying their motion for summary judgment based on qualified immunity, and plaintiff Theodore Chester Kulas cross-appeals the judgment entered following … Because Kulas failed to establish a constitutional violation, we do not reach Jones and Milnes’ issue of qualified immunity. See Saucier v. Katz, 533 U.S. 194 , 201, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001).

Russul v. Zim American Integrated Shipping Services Co.

252 F. App'x 776 · Court of Appeals for the Ninth Circuit · Oct 25, 2007

Read in that light, the record discloses an issue of material fact which bars the grant of qualified immunity. … Because Holter’s clearly established Fourth Amendment right not to be subjected to deadly force was violated, I would reverse the grant of summary judgment on qualified immunity grounds and remand for trial.

Alaska v. Babbitt

38 F.3d 1068 · Court of Appeals for the Ninth Circuit · Oct 11, 1994

The IBLA stated that the conclusion reached in Alaska I needed to be qualified in light of the “shift in BLM’s policy regarding the issuance of allotment certificates subject to rights-of-way.” 98 IBLA at 207 n. 1. … With regard to the IBLA’s decision in Alaska II, neither of these elements has been established.

Lehman v. Robinson

346 F. App'x 188 · Court of Appeals for the Ninth Circuit · Sep 16, 2009

The "video did not “clearly contradict[ ]” the plaintiffs’ version of events. … Robinson, 228 Fed.Appx. 697 (9th Cir.2007), the district court’s denial of Robinson and Tygard’s motion for summary judgment based on qualified immunity is AFFIRMED.

Magana v. Commonwealth Of The Northern Mariana Islands

107 F.3d 1436 · Court of Appeals for the Ninth Circuit · May 1, 1997

That Act established primarily diversity jurisdiction. … As Lindsey teaches, we apply a kindred rule in summary judgment proceedings when defendants raise a qualified-immunity defense to alleged constitutional violations and we thereby require an increased evidentiary standard.

Peacock v. Board of Regents

597 F.2d 163 · Court of Appeals for the Ninth Circuit · Apr 2, 1979

To establish liability and entitlement to damages in light of the regents’ qualified immunity, plaintiff was required to prove that one or more board members acted with such impermissible motivation or disregard of appellant … ’s clearly established constitutional rights as to have acted not in good faith.