Case law

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).

Davis v. Adamson

290 F. App'x 35 · Court of Appeals for the Ninth Circuit · Aug 4, 2008

MEMORANDUM ** We review de novo the district court’s grant of summary judgment on the basis of qualified immunity. Blankenhorn v. City of Orange, 485 F.3d 463, 470 (9th Cir.2007). … If such a search did occur, it violated Spears’s clearly established Fourth Amendment rights.

Meyers v. Pope

303 F. App'x 513 · Court of Appeals for the Ninth Circuit · Dec 16, 2008

The district court’s qualified immunity analysis was equally flawed. … Qualified immunity shields 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 known

Wes Bevelhymer v. Clark County, William P. Henry

53 F.3d 337 · Court of Appeals for the Ninth Circuit · Apr 26, 1995

As a public official acting in a discretionary capacity, Henry is entitled to qualified immunity "insofar as [his] conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … Despite Bevelhymer's failure to cite IDK and Wilson in the district court, we may consider those cases in determining whether Bevelhymer has alleged the violation of a right clearly established at the time of the alleged

Doe v. Maher

793 F.2d 1470 · Court of Appeals for the Ninth Circuit · Jul 11, 1986

may overcome the defendant official's qualified immunity only by showing that those rights were clearly established at the time of the conduct at issue." … Riles in his individual capacity are barred by his qualified immunity.

Althof v. Hanlin

575 F. App'x 789 · Court of Appeals for the Ninth Circuit · Dec 17, 2013

The Defendants are entitled to qualified immunity on Althofs § 1983 claim, because the asserted constitutional right was not clearly established at the time of the alleged violation. 2 See Harlow v. … It is not clearly established that an inmate is entitled to outdoor exercise when he has proven to be violent, and *790 the deprivation of outdoor exercise is in response to the plaintiffs violence. 3 On the contrary, this

Donald T. Stapley v. Peter R. Pestalozzi

733 F.3d 804 · Court of Appeals for the Ninth Circuit · Aug 16, 2013

Thomas responded by suing the Board to establish himself as the sole decision maker for hiring outside counsel. … The court held that the civil RICO suit was not sufficiently analogous to criminal proceedings to qualify for absolute immunity.

Opal Harger v. Department of Labor

Court of Appeals for the Ninth Circuit · Jun 10, 2009

Ingleson, 558 F.3d 888, 891 n.5 (9th Cir. 2009) (“Because this argument was not raised clearly and  HARGER v. … Ingleson, 558 F.3d 888, 891 n.5 (9th Cir. 2009) (“Because this argument was not raised clearly and dis- tinctly in the opening brief, it has been waived.”); Greenwood v.

Hardney v. Rosario

155 F. App'x 370 · Court of Appeals for the Ninth Circuit · Dec 12, 2005

Vance, and Cheryl Pliler, (“defendants”) seek interlocutory review of the district court’s order denying their motion for summary judgment on qualified immunity grounds in California state prisoner John Frederick Hardney’ … The district court properly denied defendant’s motion because Hardney’s right to outdoor exercise is clearly established. See Allen v.

Jeffrey A. Saul v. Ray Larsen Jane Doe Larsen Colleen St. Louis John Doe St. Louis

847 F.2d 573 · Court of Appeals for the Ninth Circuit · May 25, 1988

The Supreme Court explained that, Reliance on the objective reasonableness of an official’s conduct, as measured by reference to clearly established law, should avoid excessive disruption of government and permit the resolution … If the law at [the time an action occurred] was not clearly established, an official could not reasonably be expected to anticipate subsequent legal developments, nor could he fairly be said to “know” that the law forbade

Clawson v. Ramson

68 F. App'x 31 · Court of Appeals for the Ninth Circuit · Jun 16, 2003

Clawson’s position appears to be that because the Fourth Amendment is clearly established, the judge should have determined as a matter of law that the police officer’s conduct violated it. … But there was no prejudice to Claw-son in having the case go to the jury before the district court ruled on the officer’s motion for qualified immunity as a matter of law.

Trevino v. Gates

23 F.3d 1480 · Court of Appeals for the Ninth Circuit · May 31, 1994

The burden of proof in establishing absolute immunity is on the individual asserting it. "[O]fficials seeking absolute immunity must show that such immunity is justified for the governmental function at issue." Hafer v. … immunity.

99 Cal. Daily Op. Serv. 1591, 1999 Daily Journal D.A.R. 2057 Herb Hallman Chevrolet, Inc., a Nevada Corporation John Stanko v. Dorothy Nash-Holmes Donald Coppa Karl Hall Frank Landes John J. Long Michael Neville Washoe County, Jerry Van Der Hoeven James Bayus Stan Bondick Craig Conrad Tom George Ron Hall John Julian Judy Limon Dan Mahoney Edward Matts Ron Sherk Greg Steward Alex Vargo Clifford Souza v. Donald Coppa, Individually and in His Official Capacity as Assistant District Attorney for Washoe County Dorothy Nash-Holmes, Individually and in Her Official Capacity as District Attorney for Washoe County Frank D. Landes, Individually and in His Official Capacity as Investigator With the Washoe County Office of the District Attorney John Long, Individually and in His Official Capacity as Investigator With the Washoe County Office of the District Attorney Michael Neville, Individually and in His Official Capacity as Investigator With the Washoe County Office of the District Attorney County of Washoe, a Political Subdivision of the State of Nevada, Jerry Van Der Hoeven James Bayus Stan Bondick Craig Conrad Tom George Ron Hall John Julian Judy Limon Dan Mahoney Edward Matts Ron Sherk Greg Steward Alex Vargo Clifford Souza v. Donald Coppa, Individually and in His Official Capacity as Assistant District Attorney for Washoe County Dorothy Nash-Holmes, Individually and in Her Official Capacity as District Attorney for Washoe County Frank D. Landes, Individually and in His Official Capacity as Investigator With the Washoe County Office of the District Attorney John Long, Individually and in His Official Capacity as Investigator With the Washoe County Office of the District Attorney Michael Neville, Individually and in His Official Capacity as Investigator With the Washoe County Office of the District Attorney County of Washoe, a Political Subdivision of the State of Nevada, Herb Hallman Chevrolet, Inc., a Nevada Corporation John Stanko v. Dorothy Nash-Holmes Donald Coppa Karl Hall Frank Landes John J. Long Michael Neville Washoe County

169 F.3d 636 · Court of Appeals for the Ninth Circuit · Mar 3, 1999

This Court also reviews de novo the district court's decision to afford public officials qualified or absolute immunity. See Hervey, 65 F.3d at 788 . … A prosecutor may only shield his investigative work with qualified immunity. See Buckley v. Fitzsimmons, 509 U.S. 259, 273 , 113 S.Ct. 2606, 2615 , 125 L.Ed.2d 209 (1993).

95 Cal. Daily Op. Serv. 9034, 95 Daily Journal D.A.R. 15,866 Martin Stivers Mary Chase Ernsberger Chamar, Inc. v. Richard Pierce George D. Wendell Denise Conrad Gary T. Robey Brian McKay Carol Widmer-Hanna Robert J. Rodefer Bill Bertram Individually and as Members of the Nevada State Private Investigators Licensing Board the Nevada State Private Investigators Licensing Board and Does 1-10

71 F.3d 732 · Court of Appeals for the Ninth Circuit · Dec 1, 1995

We disagree. 71 The qualified immunity doctrine shields government officials from liability, if "a reasonable government official could have believed that his conduct was lawful, in light of clearly established law and the … If the law prohibiting the conduct was clearly established and a reasonable official could not have believed his conduct lawful, then the official is not immune. 72 Whether the law governing the conduct at issue was clearly

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.

David Genzler v. Peter J. Longanbach, and Jeffrey O'Brien County of San Diego, a Governmental Entity San Diego County District Attorney's Office Gregory Thompson James Pippen Paul Pfingst, David Genzler v. Peter J. Longanbach County of San Diego, a Governmental Entity San Diego County District Attorney's Office, and Jeffrey O'Brien Gregory Thompson James Pippen Paul Pfingst

410 F.3d 630 · Court of Appeals for the Ninth Circuit · Jun 7, 2005

While interviews conducted before probable cause to arrest has been established are not protected by absolute immunity, the converse is not necessarily true. … The declaration clearly showed that when the prosecutor met with the witness, "he did so to tell [the witness] how he should testify." Id.

Paul Jensen v. Harry Stangel

762 F.2d 815 · Court of Appeals for the Ninth Circuit · Jun 10, 1985

A critical issue in the case was whether Officer Stangel was entitled to qualified immunity based on an asserted good faith reasonable belief that his arrest and imprisonment of Jensen were legal. See Pierson v. … Officer Stangel's qualified immunity defense required the jury to resolve a number of factual questions, including the officer’s state of mind, viz., whether the officer reasonably believed in good faith that his actions

Crofton v. Roe

170 F.3d 957 · Court of Appeals for the Ninth Circuit · Mar 26, 1999

The district court also held that even if Crofton had suffered damages, the defendants were entitled to qualified immunity. … The district court further held that even if Crofton had established damages, the individual defendants were entitled to qualified immunity.

Stuart v. United States

23 F.3d 1483 · Court of Appeals for the Ninth Circuit · Mar 1, 1994

Alpert was not as well-qualified as the trier of fact to answer. Moreover, “standard police procedure,” as developed by an expert, may not shed light on what is reasonable conduct for border patrol officers. … The trial court’s finding that the agents acted reasonably under all the circumstances in this case is not clearly erroneous. AFFIRMED.

95 Cal. Daily Op. Serv. 7457, 95 Daily Journal D.A.R. 12,783 Bryant Allen v. City of Los Angeles, and Melanie Singer Timothy Singer Paul Beauregard Gabriel Aid Frank Schulz

66 F.3d 1052 · Court of Appeals for the Ninth Circuit · Sep 25, 1995

As to Officers Beauregard and Timothy Singer, the district court granted partial summary judgment on Allen's unlawful arrest claims based on qualified immunity, but determined that triable issues of fact precluded summary … their conduct was lawful in light of clearly established law and the totality of the circumstances.").