Case law

David v. Baker

129 F. App'x 358 · Court of Appeals for the Ninth Circuit · Apr 14, 2005

Qualified Immunity. … , it was clearly established in a particularized sense that they were violating Plaintiffs’ First Amendment rights.

Kyei v. Beebe

121 F. App'x 689 · Court of Appeals for the Ninth Circuit · Jan 12, 2005

Kyei did not have a clearly established constitutional right to an impartial hearing or to be free pending his deportation. 3 Therefore, qualified immunity applied to the BCIS officials’ decision to hold the parole hearing … McKinley, 360 F.3d 930, 933 (9th Cir.2004) (qualified immunity); Clinton v. Babbitt, 180 F.3d 1081, 1086 (9th Cir.1999) (sovereign immunity). . Clicks Billiards, Inc. v.

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.

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.

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.

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).

Washington State Electrical Contractors Association, Inc. v. Frank Forrest

839 F.2d 547 · Court of Appeals for the Ninth Circuit · Feb 8, 1988

Hoover, 466 U.S. at 568 , 104 S.Ct. at 1995 ; Patrick, 800 F.2d at 1505 . 12 Under certain conditions, even anticompetitive activities by private parties may qualify for Parker state-action immunity. … The Council's exercise of delegated rulemaking authority clearly fits within this latter type of activity, and thus must satisfy the two-part test for state-action immunity. Cf.

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.

Freddy Burton v. Infinity Capital Management

862 F.3d 740 · Court of Appeals for the Ninth Circuit · Jun 4, 2014

To qualify for absolute immunity, the function performed must be a judicial act with “a sufficiently close nexus to the adjudicative process.” Id. … The Supreme Court established the requirement for discretionary judgment in Antoine v.

Mishler v. Clift

191 F.3d 998 · Court of Appeals for the Ninth Circuit · Sep 8, 1999

The district court denied their motions indicating that it was unable to discern the difference between the claim to absolute immunity and the prior claim of qualified immunity on which the Ninth Circuit had already ruled … This court has already held a claim based on the response to the Ohio Board should not be dismissed at the Rule 12(b)(6) stage on the basis of qualified immunity because it was alleged to be a ministerial act.

Ronwin v. State Bar of Arizona

686 F.2d 692 · Court of Appeals for the Ninth Circuit · Sep 8, 1982

It has not been established that the alleged restraint was "clearly articulated and affirmatively expressed as state policy," Midcal 's first requirement. Id. … Standing alone, the fact that the court established the Committee and selected its members does not affect the reasoning underlying our conclusion that the challenged grading procedure was not clearly articulated and affirmatively

Silvey v. City of Sparks

216 F. App'x 686 · Court of Appeals for the Ninth Circuit · Jan 5, 2007

The Court reviews questions of the United States’ sovereign immunity and police officers’ qualified immunity de novo. Orff v. United States, 358 F.3d 1137, 1142 (9th Cir.2004); Jackson v. … If the allegations are sufficiently established and there is still no violation of a constitutional right, however, the analysis ends there, and “there is no necessity for further inquiries concerning *688 qualified immunity

Lawrence Abram Benson, D.D.S. v. Arizona State Board of Dental Examiners

673 F.2d 272 · Court of Appeals for the Ninth Circuit · Mar 29, 1982

There the Court reviewed the cases applying the doctrine and concluded: “These decisions establish two standards for antitrust immunity under Parker v. Brown. … theory and clinical proficiency” as a prerequisite for a dental license, § 32-1233, and establish the system of restricted permits, §§ 32-1237 to -1239.

Jacobson v. Tahoe Regional Planning Agency

566 F.2d 1353 · Court of Appeals for the Ninth Circuit · Dec 21, 1977

Nothing in Bivens warrants limitation to Fourth Amendment claims; its rationale clearly supports extension to cases of this sort. Having found jurisdiction under § 1331, we turn now to the immunity issue. … For parallel reasons, we also believe that these officers, as executives, might be given the same qualified immunity that the Court granted state executive officers in Scheuer v. Rhodes, supra.

Transpacific Westbound Rate Agreement, and Asia North America Eastbound Agreement, Intervenor v. Federal Maritime Commission, United States of America

951 F.2d 950 · Court of Appeals for the Ninth Circuit · Dec 9, 1991

In addition to the filing requirements of sections 4 and 6, several other Act provisions establish duties for defined common carriers. … Transpacific contends that any agreement between two or more common carriers may be filed in its entirety, and thus qualify for antitrust immunity under section 7.

Burrell v. McIlroy

Court of Appeals for the Ninth Circuit · Sep 19, 2005

Katz, 533 U.S. 194, 202 (2001) (“If the law did not put the officer on notice that his conduct would be clearly unlawful, summary judg- ment based on qualified immunity is appropriate.”). … MCILROY 13471 dants that could support a finding of qualified immunity war- rants remand for expansion of the record and to allow the district court to consider qualified immunity in the first instance.

Cuevas v. State of California

Court of Appeals for the Ninth Circuit · Jun 26, 2008

Qualified Immunity Deputy Starr nonetheless contends that he is protected by qualified immunity. … Moreover, Deputy Starr is not protected by qualified immunity.

Michael Cooper, Husband, in His Own Capacity and as Parent of Abram and Adam Cooper, Minors Lidia Cooper, Wife, in Her Own Capacity and as Parent of Abram Cooper and Adam Cooper, Minors v. Clarence Dupnik, Sheriff, Pima County Tom Taylor, an Employee of Pima County Sheriff's Department Weaver Barkman, an Employee of Pima County Sheriff's Department, Michael Cooper, Husband, in His Own Capacity and as Parent of Abram and Adam Cooper, Minors Lidia Cooper, Wife, in Her Own Capacity and as Parent of Abram Cooper and Adam Cooper, Minors v. Clarence Dupnik, Sheriff, Pima County, and City of Tucson Tucson Police Department Peter Ronstadt Karen Wright Gene Scott Timothy O'Sullivan Kay McCall

924 F.2d 1520 · Court of Appeals for the Ninth Circuit · Feb 6, 1991

established on this point as of May 8, 1986, and thus Ronstadt forfeits his qualified immunity. … qualified immunity.

Dunn & Black, P.S. v. United States

492 F.3d 1084 · Court of Appeals for the Ninth Circuit · Jul 11, 2007

or a credit with the IRS and that the claim be disallowed,” but, here, “Dunn & Black is clearly not the taxpayer.” … It is well established that the federal government cannot waive sovereign immunity by failing to raise it before the district court. 7 Only Congress enjoys the power to waive the United States’ sovereign immunity.