Case law

Bennett v. Campbell

564 F.2d 329 · Court of Appeals for the Ninth Circuit · Nov 10, 1977

immunity which might insulate them from liability for damages. … Under this qualified immunity doctrine, a government officer performing acts in the course of official conduct is insulated from damage suits only if "(1) at the time and in light of all the circumstances there existed reasonable

In Re Cherry Barbara Castillo, Debtor, Nancy Curry, Chapter 13 Trustee v. Cherry Barbara Castillo G. Thomas Leonard, in Re Cherry Barbara Castillo, Debtor, Nancy Curry, Chapter 13 Trustee v. Cherry Barbara Castillo G. Thomas Leonard

297 F.3d 940 · Court of Appeals for the Ninth Circuit · Sep 6, 2002

Pelletier, 516 U.S. 299, 305 , 116 S.Ct. 834 , 133 L.Ed.2d 773 (1996) (the denial of qualified immunity is an appealable "final" order under the Cohen doctrine, 337 U.S. 541 , 69 S.Ct. 1221 , 93 L.Ed. 1528 ); Paine v. … Trustee Curry, as the proponent of the claim of absolute immunity, bears the burden of establishing that such immunity is justified. Id. at 432 , 113 S.Ct. 2167 . A.

The Estate of Kenneth Wenzel by Its Special Administrator Winston Mirikitani, Edward Wenzel and Anna M. Steinberg v. Seaward Marine Services, Inc.

709 F.2d 1326 · Court of Appeals for the Ninth Circuit · Jul 7, 1983

Summary judgment is proper if, when viewing the evidence in the light most favorable to the party opposing the motion, the movant is clearly entitled to judgment as a matter of law. Ferguson v. … For example,-the parties do not agree that Wenzel was qualified to operate the SCAMP. Michael Beckman, a diver for Seaward, testified at his deposition that Wenzel was qualified to operate the SCAMP.

Marilyn Price v. Albert Kramer

200 F.3d 1237 · Court of Appeals for the Ninth Circuit · Jan 11, 2000

Post-trial appeal of pre-trial denial of qualified immunity 15 The defendants argue that the district court's pre-trial order denying the officers qualified immunity was improper. … The plaintiffs provided the jury with sufficient evidence to support the conclusion that the officers had engaged in this conduct -conduct that clearly lies outside the protective realm of qualified immunity. 15 39 * * *

Ronald Oertwich v. Traditional Village of Togiak

29 F.4th 1108 · Court of Appeals for the Ninth Circuit · Mar 30, 2022

Oertwich’s § 1983 Claim Oertwich asserts that the district court erred by dismissing his § 1983 claim based on qualified immunity because he sufficiently alleged that the individual tribal officers violated his clearly … established constitutional rights.

National Association of Recycling Industries, Inc., Plaintiffs v. American Mail Line, Ltd.

720 F.2d 618 · Court of Appeals for the Ninth Circuit · Mar 19, 1984

for section 15 immunity. … However, even under the Commerce Act, courts grant antitrust immunity to rates established pursuant to ICC-approved agreements and in accordance with agency procedures. See Board of Trade of City of Chicago v.

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

938 F.2d 1025 · Court of Appeals for the Ninth Circuit · Jul 11, 1991

In addition to the filing requirements of sections 4 and 5, 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.

Citizens for Better Forestry v. U.S. Department of Agriculture

567 F.3d 1128 · Court of Appeals for the Ninth Circuit · Jun 9, 2009

an immunity defense.” … In subsequent proceedings, the defendants succeeded in establishing qualified immunity and were granted summary judgment themselves. Id.

Carol Sachs v. Republic of Austria

737 F.3d 584 · Court of Appeals for the Ninth Circuit · Dec 6, 2013

The FSIA establishes a presumption of immunity for foreign states but carves out specified exceptions to that grant of immunity. Id. … Throughout the world many foreign states own and operate legally independent passenger railways and airlines, which may qualify for sovereign immunity as an “agency or instrumentality of a foreign state” under 28 U.S.C. §

Jesse Engebretson v. Mike Mahoney

Court of Appeals for the Ninth Circuit · Jun 28, 2013

Second, the Engebretsons argue that qualified immunity is sufficient to protect prison officials enforcing court orders. … granting only qualified immunity.

United States v. Marvel Tyrone Morgan

555 F.2d 238 · Court of Appeals for the Ninth Circuit · Jun 3, 1977

Was it error to refuse the appellant’s requested instruction as to witnesses granted immunity? III. Was the federally insured status of GS&L adequately established? *241 IV. … In his grand jury statement, however, Morgan clearly stated that the appellant was the person who brought the loan to the witness.

Sparta Surgical Corp. v. National Ass'n of Securities Dealers, Inc.

159 F.3d 1209 · Court of Appeals for the Ninth Circuit · Nov 6, 1998

However, it argues that in this instance NASD was acting as a market facilitator, and it therefore does not qualify for immunity. … To be sure, self-regulatory organizations do not enjoy complete immunity from suits; it is only when they are acting under the aegis of the Exchange Act’s delegated authority that they so qualify.

Salsbury v. City of Berkeley

188 F. App'x 613 · Court of Appeals for the Ninth Circuit · Jul 3, 2006

a constitutional right’; and, if a violation of a constitutional right could indeed be found, (2) ‘whether the right was clearly established.’ ” Sissoko v. … However, the right at issue here is not clearly established. See Saucier, 533 U.S. at 202, 121 S.Ct. 2151 .

Wolfe v. Strankman

392 F.3d 358 · Court of Appeals for the Ninth Circuit · Dec 14, 2004

Given the role of the Judicial Council, it is clearly a state agency. The remaining State Defendants — Chief Justice George, Justice Strankman, and Ms. … Judicial Immunity The judicial defendants argue that they are absolutely immune from suit under § 1983.

Wolfe v. Strankman

392 F.3d 358 · Court of Appeals for the Ninth Circuit · Dec 14, 2004

Some activities that judges take pursuant to the statute are clearly adjudicative. … Judicial Immunity 33 The judicial defendants argue that they are absolutely immune from suit under § 1983.

Joseph v. Office Of The Consulate General Of Nigeria

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

The Consulate, as a separate legal person, also qualifies as a "foreign state" under the FSIA. … The former qualified for the discretionary function exception; the latter did not. See Olsen, 729 F.2d at 647 .

The Estate of Carson Bride v. Yolo Technologies, Inc.

112 F.4th 1168 · Court of Appeals for the Ninth Circuit · Aug 22, 2024

Barnes, 570 F.3d at 1101–02 (listing successful cases against services that failed to qualify for § 230 immunity). … In our caution to ensure § 230 is given its fullest effect, we must resist the corollary urge to extend immunity beyond the parameters established by Congress and thereby create a free-wheeling immunity for tech companies

Carver v. Lehman

550 F.3d 883 · Court of Appeals for the Ninth Circuit · Dec 22, 2008

Qualified Immunity Although unlike the current majority I conclude that Carver was deprived of a liberty interest, I would as did the original majority affirm the district court's finding of qualified immunity and therefore … Qualified immunity protects "government officials ... 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

Confederated Tribes of the Chehalis Indian Reservation v. Lujan

928 F.2d 1496 · Court of Appeals for the Ninth Circuit · Apr 3, 1991

A reservation was established under the terms of the treaty. The treaty reservation proved to be inadequate for the needs of the Quinault and Quillehute Tribes. … Some courts have noted, however, that when the necessary party is immune from suit, there is very little need for balancing Rule 19(b) factors because immunity itself may be viewed as the compelling factor.

Vincente B. Chuidian v. Philippine National Bank, and Raul Daza, Vincente B. Chuidian, and Philippine Export and Foreign Loan Guarantee Corporation, Intervenor v. Philippine National Bank, and Raul Daza

912 F.2d 1095 · Court of Appeals for the Ninth Circuit · Aug 29, 1990

Chuidian argues that Daza therefore cannot be granted immunity: the Act provides the sole source of sovereign immunity, and Daza does not qualify under its definition of a foreign state. … Daza, on the other hand, as a purely political actor clearly would not be denied immunity under the commercial exception.