Case law

Richardson v. Runnels

594 F.3d 666 · Court of Appeals for the Ninth Circuit · Jan 26, 2010

Here, we do not reach qualified immunity because the issue has never been addressed by the district court. Schneider v. … County of San Diego, 28 F.3d 89, 93 (9th Cir.1994) (declining to reach qualified immunity where “[t]he district court granted summary judgment without reaching the immunity issues” because they “should be addressed in the

Federal Deposit Insurance v. Henderson

940 F.2d 465 · Court of Appeals for the Ninth Circuit · Jul 29, 1991

The Supreme Court has recently held that, in analyzing a claim of qualified immunity, a lower court is to determine first whether the complaint “allege[s] the violation of a clearly established constitutional right.” … It remains for us to determine whether Wood’s right to be free from such an unconstitutional deprivation was established with sufficient clarity at the time Oldfield acted to overcome the grant of qualified immunity.

Brees v. Courtesy Ford, Inc.

45 F. App'x 711 · Court of Appeals for the Ninth Circuit · Aug 28, 2002

The remaining question is whether the deputies were nevertheless entitled to qualified immunity. … established.

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.

Scott Rigsby v. Godaddy Inc.

59 F.4th 998 · Court of Appeals for the Ninth Circuit · Feb 3, 2023

“Under the statutory scheme, an ‘interactive computer service’ qualifies for immunity so long as it does not also function as an ‘information content provider’ for the portion of the statement or publication at issue.” … July 9, 2008) (“GoDaddy, as a web host, qualifies as an interactive computer service provider under the CDA.”)); see also Jones v. Dirty World Ent.

Rasha Mohammad v. General Consulate of Kuwait La

28 F.4th 980 · Court of Appeals for the Ninth Circuit · Mar 17, 2022

CONSULATE OF KUWAIT 15 immunity in order to sufficiently prove its entitlement to immunity.” … We clarify that the employment of other personnel can qualify for immunity if the duties of those employees include powers “peculiar to sovereigns.” Saudi Arabia, 507 U.S. at 360 (quoting Weltover, 504 U.S. at 614).

Baldwin v. Placer County

405 F.3d 778 · Court of Appeals for the Ninth Circuit · Apr 18, 2005

The County moved for summary judgment on the ground of the qualified immunity of the officers. … [5] The plaintiffs’ established civil rights were violated by presentation of the false affidavit. Liston, 120 F.3d at 972-73. Qualified immunity was rightly denied. [6] Conspiracy.

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.’ ”).

Cassirer v. Kingdom of Spain

580 F.3d 1048 · Court of Appeals for the Ninth Circuit · Sep 8, 2009

Robinson, 10 F.3d 492 , 496-97 n. 2 (7th Cir.1993) (denial of a motion to dismiss for lack of standing does not qualify as a final judgment and is not immediately appealable); Crymes v. … Although exhaustion is, generally, a well-established rule of international law, it may not be firmly established in all areas of international law.

State of 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.

Munoz v. Mabus

630 F.3d 856 · Court of Appeals for the Ninth Circuit · Dec 27, 2010

Munoz consequently enrolled in the Priority Placement Pro- gram (“PPP”) for return to the United States when a job for which he qualified became available. … Plaintiff can satisfy this burden by producing either direct evidence, such as “clearly sexist, racist, or similarly discriminatory statements or actions by the employer,” Coghlan v. Am.

M.J. Ex Rel. Beebe v. United States

721 F.3d 1079 · Court of Appeals for the Ninth Circuit · Jul 1, 2013

No Alaska law clearly holds that the City owed such a duty. However, we can resolve this case without deciding whether it did. … Instead, we need only determine (1) whether Johnson qualifies for any immunity from tort liability, and, if so, (2) whether Johnson’s immunity extends to the City to bar Plaintiffs’ claims.

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.’ ”).

Johnson v. Terhune

184 F. App'x 622 · Court of Appeals for the Ninth Circuit · Jun 9, 2006

by the collection of DNA information from convicted offenders, we must conclude that compulsory DNA profiling of qualified federal offenders is reasonable under the totality of the circumstances.”). … We also hold that appellees are entitled to qualified immunity on appellant’s claims because any constitutional rights they may have violated were not clearly established. Harlow v.

Gates v. Victor Fine Foods

54 F.3d 1457 · Court of Appeals for the Ninth Circuit · May 16, 1995

The [Act] uses it to determine whether an "agency” of the state may potentially qualify for foreign sovereign immunity itself under the [Act]. … Although FFF clearly entered into such loan agreements, Alberta Pork's role in GGFF's financing is less clear.

Weast v. County of Pierce

116 F. App'x 80 · Court of Appeals for the Ninth Circuit · Oct 21, 2004

immunity; and the decision was neither clearly erroneous, nor would it work a manifest injustice. … At the time of Weast’s removal, it was also clearly established that the balancing test set forth in Pickering v. Bd. of Township High Sch.

Mullis v. United States Bankruptcy Court for the District of Nevada

828 F.2d 1385 · Court of Appeals for the Ninth Circuit · Sep 24, 1987

Consequently, the clerks qualify for quasi-judicial immunity unless these acts were done in the clear absence of all jurisdiction. … It is now established that judicial immunity does not bar declaratory or injunctive relief in actions under § 1983. Pulliam v. Allen, 466 U.S. 522, 541-42 , 104 S.Ct. 1970, 1980-81 , 80 L.Ed.2d 565 (1984); Ashelman v.

Jonathan Hunsaker v. United States

902 F.3d 963 · Court of Appeals for the Ninth Circuit · Aug 30, 2018

After surveying the state of the law in 1994, the First Circuit concluded that none of the relevant provisions enumerated in Section 106(a)(1) “clearly established the availability, even against private parties, of an award … Because the scope of Section 106(a)’s waiver is unambiguous, there is no need to look beyond the statute’s text and ascertain whether it was clearly established in 1994 that emotional distress damages were recoverable under

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.

Shannon Paine v. City of Lompoc, and Daniel P. Ast Individually and as Opinion a Peace Officer Timothy E. Tietjen, Indivdually and as a Peace Officer

265 F.3d 975 · Court of Appeals for the Ninth Circuit · Sep 13, 2001

Ast and Tietjen asserted a qualified immunity defense in their answer, but they did not claim absolute immunity in that pleading. … Because the two defenses are distinct, raising the qualified immunity defense does not suffice to invoke absolute immunity as well. Collyer v. Darling, 98 F.3d 211, 222 (6th Cir. 1996).