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  • Kui Myles v. United States

    47 F.4th 1005 · Court of Appeals for the Ninth Circuit · Sep 2, 2022

    UNITED STATES 11 discretionary function exception, as any constitutional claims would be “barred due to the statute of limitations or qualified immunity.” … Myles was fabricated” and that the legitimate evidence “in fact established Ms. Myles’ innocence.”

    Cited 6 timesPublished
  • Scott v. Henrich

    39 F.3d 912 · Court of Appeals for the Ninth Circuit · Sep 9, 1994

    The officers here raise the defense of qualified immunity, which shields government officials performing discretionary functions from liability for civil damages “insofar as their conduct does not violate clearly established … “In Fourth Amendment unreasonable force cases, unlike in other cases, the qualified immunity inquiry is the same as the inquiry made on the merits.” Hopkins v. Andaya, 958 F.2d 881 , 885 n. 3 (9th Cir. *915 1992).

    Cited 513 timesPublished
  • Portillo v. Montoya

    170 F. App'x 453 · Court of Appeals for the Ninth Circuit · Mar 1, 2006

    Portillo appeal the district court’s order granting summary judgment on the basis of qualified immunity. … The second step in the Saucier inquiry strips an officer’s qualified immunity and permits a claim to go to trial if the claimant’s right against the officer’s intrusion was clearly established at the time of the intrusion

    Cited 0 timesPublished
  • Botello v. Gammick

    Court of Appeals for the Ninth Circuit · Jun 22, 2005

    We review a decision by a district court to afford a public official or a municipality absolute or qualified immunity de novo. Webb v. … [2] On the other hand, it is also well established that an official is not entitled to absolute immunity for conduct involving termination, demotion and treatment of employees.

    Cited 0 timesPublished
  • McTaggart v. Taylor

    48 F. App'x 237 · Court of Appeals for the Ninth Circuit · Oct 1, 2002

    In considering whether Patrick is entitled to summary judgment on the basis of qualified immunity, we first consider, as a threshold question, whether McTaggart’s allegations, taken in the fight most favorable to her, show … Because Patrick caused no constitutional violation, he is entitled to qualified immunity. Id.

    Cited 0 timesPublished
  • 97 Cal. Daily Op. Serv. 895, 97 Daily Journal D.A.R. 1329 Curtis A. Phaneuf v. Republic of Indonesia, a Foreign State National Defense Security Council of the Republic of Indonesia--Jakarta, an Agency or Instrumentality of a Foreign State H.A. Chalid Mawardi

    106 F.3d 302 · Court of Appeals for the Ninth Circuit · Feb 7, 1997

    their prima facie entitlements to sovereign immunity by proving only that they qualified as "foreign state[s]" under 28 U.S.C. § 1603 (a)-(b). … and the NDSC had not established a prima facie case of sovereign immunity. 21 We consider Mawardi's entitlement to a presumption of immunity separately.

    Cited 1 timesPublished
  • Montana v. Peretti

    661 F.2d 756 · Court of Appeals for the Ninth Circuit · Nov 16, 1981

    The program was designed and advertised as a two-year, six-quarter course of study which would qualify the students for employment as commercial pilots and certified flight and ground instructors. … The statute clearly did not waive eleventh amendment immunity. *759 We do not reach the merits of the district court’s holding that the termination of the program denied students a due process right.

    Cited 15 timesPublished
  • Pervaiz Chaudhry v. Tomas Aragon

    Court of Appeals for the Ninth Circuit · May 23, 2023

    or absolute immunity.” … They wanted it specified clearly.

    Cited 0 timesPublished
  • Joseph v. Office of the Consulate General of Nigeria

    830 F.2d 1018 · Court of Appeals for the Ninth Circuit · Oct 19, 1987

    The former qualified for the discretionary function exception; the latter did not. See Olsen, 729 F.2d at 647 . … Destruction of property can hardly be considered as part of a policy decision to establish a consular residence.

    Cited 37 timesPublished
  • Sadoski v. Mosley

    435 F.3d 1076 · Court of Appeals for the Ninth Circuit · Jan 23, 2006

    But the United States Supreme Court has stated clearly that “[a] judge will not be deprived of immunity because the action he took was in error, was done maliciously, or was in excess of his authority....” … entitled to absolute immunity.

    Cited 189 timesPublished
  • Ngiraingas v. Sanchez

    858 F.2d 1368 · Court of Appeals for the Ninth Circuit · Jun 7, 1988

    Accordingly, police officers “generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … established constitutional rights ...”?

    Cited 10 timesPublished
  • 95 Cal. Daily Op. Serv. 7229, 95 Daily Journal D.A.R. 12,347 Patrick Buckley Personal Watercraft v. City of Redding, California, a Municipal Corporation

    66 F.3d 188 · Court of Appeals for the Ninth Circuit · Nov 30, 1995

    In a direct statutory action, on the other hand, the plaintiff must establish that Congress not only created an enforceable statutory right, but also that it established a private right of action to enforce the right. … The state's obligation is in the nature of a contract and is clearly binding.

    Cited 13 timesPublished
  • Briley v. California

    564 F.2d 849 · Court of Appeals for the Ninth Circuit · Oct 19, 1977

    The appellant clearly asserts a right which falls within the scope of the statute’s protection. See Skinner v. Oklahoma, 316 U.S. 535, 541 , 62 S.Ct. 1110 , 86 L.Ed. 1655 (1942); Sparkman v. … more persons conspire to prevent by force, intimidation, or threat, any citizen who is lawfully entitled to vote, from giving his support or advocacy in a legal manner, toward or in favor of the election of any lawfully qualified

    Cited 126 timesPublished
  • Benjamin Kohn v. State Bar of California

    87 F.4th 1021 · Court of Appeals for the Ninth Circuit · Dec 6, 2023

    STATE BAR OF CALIFORNIA 17 because “[t]o do so would impermissibly qualify sovereign immunity, which by its nature is absolute,” Durning, 950 F.2d at 1426, and that “we look to whether the [entity], in performing … But this alone does not swing this factor decisively toward finding immunity, especially when the Bar’s “separate corporate status is clearly established.” Durning, 950 F.2d at 1427.

    Cited 57 timesPublished
  • Karen Kennedy v. Los Angeles Police Department City of Los Angeles James J. King Stanley A. Schott

    901 F.2d 702 · Court of Appeals for the Ninth Circuit · Apr 9, 1990

    They advance two bases to support this contention: (1) that probable cause to arrest was established as a matter of law; and (2) that they were entitled to qualified immunity as a matter of law. … Our preceding discussion about the obvious lack of probable cause is dispositive of the qualified immunity question.

    Overruled by statute, as recognized in Act Up!/Portland v. BagleyCited 146 timesPublished
  • Sanchez v. City of Santa Ana

    936 F.2d 1027 · Court of Appeals for the Ninth Circuit · Jul 11, 1990

    Government officials performing discretionary functions enjoy qualified immunity from liability for civil damages as long as their conduct does not violate “clearly established statutory or constitutional rights of which … Good faith qualified immunity attaches if the official’s conduct is objectively reasonable “as measured by reference to clearly established law.” Id. See also Anderson v.

    Cited 355 timesPublished
  • Eric Mueller v. City of Boise

    Court of Appeals for the Ninth Circuit · Oct 25, 2012

    I A Qualified Immunity [1] We begin our discussion of whether Detective Dale Rogers and Officers Ted Snyder and Tim Green are entitled to qualified immunity for their … “The doctrine of qualified immunity protects gov- ernment officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which

    Cited 0 timesPublished
  • Durrell v. Cook

    71 F. App'x 718 · Court of Appeals for the Ninth Circuit · Aug 1, 2003

    “[Sjummary judgment based on qualified immunity is improper if, under the plaintiffs version of the facts, and in light of the clearly established law, a reasonable officer could not have believed his conduct was lawful.” … 5 As the district court acknowledged, the legal principles governing defendants’ conduct were clearly established at the time Durrell was double celled with an aggressive homosexual. 6 Even in the face of clearly established

    Cited 0 timesPublished
  • Linda Senn v. Kyle Smith

    35 F.4th 1223 · Court of Appeals for the Ninth Circuit · Jun 8, 2022

    The district court denied Defendant’s motion for qualified immunity, and Defendant filed this interlocutory appeal. In an unpublished disposition, we affirmed the denial of qualified immunity and remanded for trial. … Wendl, 921 F.2d 148, 150 (8th Cir. 1990) (per curiam) (order) (“Although plaintiff was successful in the appeal on the issue of qualified immunity, plaintiff has yet to establish that he is a ‘prevailing party’ under section

    Cited 0 timesPublished
  • Coverdell v. Department of Social & 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 … The *764 Court held that the officer was entitled to qualified, not absolute, immunity.

    Cited 23 timesPublished

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