Case law

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.

Patrick v. Burget

800 F.2d 1498 · Court of Appeals for the Ninth Circuit · Sep 30, 1986

Immunity applies even if the judge’s jurisdiction is questionable. Utley, 402 P.2d at 92 . Dr. Russell’s activities as a member of BOME therefore were immune unless jurisdiction was clearly absent. … The jury was not properly instructed on immunity: to wit, that Boelling and Harris were immune from liability for their testimony before the BOME; that all defendants had qualified immunity as to their conduct pertaining

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.

Alires v. Crowther

279 F. App'x 499 · Court of Appeals for the Ninth Circuit · May 22, 2008

The Residents attribute the delay to the fact they were not allowed to conduct formal discovery until the issue of the federal defendants’ qualified immunity was resolved. 1 This does not, however, provide a justification … In this regard, the Residents argue alternatively that a stay of discovery pending the resolution of the qualified immunity issue should toll the statute of limitations.

Jean L. Richards v. Hal Harper, Max Baucus, and Pat Williams

864 F.2d 85 · Court of Appeals for the Ninth Circuit · Dec 23, 1988

Alternatively, it determined that qualified immunity shielded the legislators from liability. It concluded the action was “frivolous.” DISCUSSION I. … The court also granted dismissal because of the qualified immunity available for government officials. See Anderson v. Creighton, 483 U.S. 635 , 107 S.Ct. 3034, 3038 , 97 L.Ed.2d 523 (1987); Harlow v.

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.

Charles Reed v. Sarah Kariko

Court of Appeals for the Ninth Circuit · Jul 5, 2024

Because Reed failed to establish a constitutional violation, the district court properly concluded that defendants were entitled to qualified immunity on the individual-capacity claims for damages. … See Sampson, 974 F.3d at 1018 (“[Q]ualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which

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.

Sanchez v. City of Santa Ana

936 F.2d 1027 · Court of Appeals for the Ninth Circuit · May 24, 1991

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 a reasonable person would have known." … 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.

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

Kirkpatrick v. City Of Los Angeles

803 F.2d 485 · Court of Appeals for the Ninth Circuit · Oct 24, 1986

performing discretionary tasks are immune from individual liability if their actions do not violate "clearly established statutory or constitutional rights of which a reasonable person would have known." … Qualified immunity protects the public official and society from expending resources inappropriately.

Deep Sea Research, Inc. v. Brother Jonathan

89 F.3d 680 · Court of Appeals for the Ninth Circuit · Jul 17, 1996

It reasons that “[i]f a *686 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. Id.

McSherry v. Long Beach

Court of Appeals for the Ninth Circuit · Oct 26, 2005

Although qualified immunity should be determined as early as possible, see Saucier v. … “[T]here is a clearly established constitutional due process right not to be subjected to criminal charges on the basis of false evidence that was deliberately fabricated by the government.”

In Re Complaint of Judicial Misconduct

366 F.3d 963 · Court of Appeals for the Ninth Circuit · May 5, 2004

. § 372 (c), was designed “to establish a procedure for the processing of complaints directed against Federal judges.” S.Rep. No. 96-362, at 1 (1980), reprinted in 1980 U.S.C.C.A.N. 4315, 4315. … First, the case clearly states that it is proceeding on the basis of assumed jurisdiction. 39 F.3d at 378 ("I will assume, for the purpose of reviewing the pending complaints, that the Judicial Council of the District of

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.”

Coszalter v. City of Salem

320 F.3d 968 · Court of Appeals for the Ninth Circuit · Feb 18, 2003

Qualified Immunity Defendants urge us, in the event we disagree with the magistrate judge on the questions of adverse employment action and retaliatory motive, to affirm his decision on the alternative ground of qualified … Governmental officials are entitled to qualified immunity only “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v.

Allen v. Scribner

812 F.2d 426 · Court of Appeals for the Ninth Circuit · Mar 5, 1987

Were Scribner and the federal defendants entitled to summary judgment on the ground of qualified immunity? IV. … Qualified immunity "is an affirmative defense that must be pleaded by [the] defendant official.” Harlow, 457 U.S. at 815 , 102 S.Ct. at 2736 (citing Gomez v.

United States v. Vicente Roberto Jimenez

258 F.3d 1120 · Court of Appeals for the Ninth Circuit · Jul 31, 2001

Plain Error The statement in the PSR is insufficient to establish that the disputed conviction was a qualifying aggravated felony. United States v. … Potter, 895 F.2d at 1238 (PSR that contains no reference to the statute of conviction is not “clearly reliable evidence” establishing a defendant’s prior conviction); United States v.

Landwehr v. City of Murrieta

317 F. App'x 682 · Court of Appeals for the Ninth Circuit · Mar 9, 2009

Although a district court’s denial of summary judgment based on qualified immunity is subject to interlocutory appeal as a collateral order, Moran v. Washington, 147 F.3d 839, 843 (9th Cir.1998) (citing Mitchell v. … (citing Mitchell, 472 U.S. at 528 n. 9, 105 S.Ct. 2806 ) (“A public-official defendant may appeal the ‘purely legal’ issue ‘whether the facts alleged ... support a claim of clearly established law.’ ”).

Dible v. City of Chandler

502 F.3d 1040 · Court of Appeals for the Ninth Circuit · Sep 5, 2007

If not, the inquiry ends and the official is entitled to qualified immunity. Id. If a right was violated, we must proceed to the second step and determine whether that right was clearly established. … established’ to preclude qualified immunity.”