Case law

John Schaefers v. Gary Wright George Burke City of Forest Grove, an Oregon Municipal Corporation

46 F.3d 1145 · Court of Appeals for the Ninth Circuit · Jan 20, 1995

Qualified Immunity 11 Police officials are entitled to qualified immunity in a Sec. 1983 action if their conduct "does not violate clearly established statutory or constitutional rights of which a reasonable person would … Accordingly, we affirm the district court's determination that the right which Schaefers claims was violated was not clearly established and that the officers were entitled to summary judgment on qualified immunity grounds

Reynaldo Gonzalez v. Google LLC

2 F.4th 871 · Court of Appeals for the Ninth Circuit · Jun 22, 2021

Absent this sort of “material contribution,” Google does not qualify as an  GONZALEZ V. … the defendant’s assistance was sufficiently knowing and substantial to qualify as aiding and abetting.”

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.

Pamella E. Settlegoode v. Portland Public Schools, Multnomah School District No.1 Susan Winthrop Robert Crebo Larry Whitson

362 F.3d 1118 · Court of Appeals for the Ninth Circuit · Apr 5, 2004

immunity test did not weigh clearly in Settlegoode’s favor. … Winthrop and Crebo were not entitled to qualified immunity from Settle-goode’s section 1983 claim.

Joseph Cadena v. Claude E. Perasso

498 F.2d 383 · Court of Appeals for the Ninth Circuit · May 28, 1974

A judicial officer is clearly immune from liability for damages for his judicial actions. Pierson v. Ray, 386 U.S. 547 , 87 S.Ct. 1213 , 18 L.Ed.2d 288 (1967). … The immunity applies even if the judge is accused of acting maliciously or corruptly. In Mitchum v.

97 Cal. Daily Op. Serv. 5742, 97 Daily Journal D.A.R. 9229 Jimmy Liston Venice Liston Danny Liston Andrew Liston Elishia Liston, Minors, by and Through Their Guardian Ad Litem, Jim Liston, Plaintiffs-Appellants-Cross-Appellees v. County of Riverside, a Political Subdivision of the State of California David Pike D. Podkowa, and Paul Amicone, Police Officer Bart Belknap, Deputy Gail Marianes, Deputy John Powell, Deputy Robert Pruitt Danny Scaturro, Detective Raymond Rucker, Lieutenant Tom Mitchell, Police Officer Darrell Reed, Police Officer, Defendants-Appellees-Cross-Appellants

120 F.3d 965 · Court of Appeals for the Ninth Circuit · Oct 9, 1997

Executing the warrant 44 Law enforcement officers enjoy qualified immunity from civil damage claims unless their conduct violates "clearly established constitutional rights of which a reasonable person would have known." … Determining whether a public official is entitled to qualified immunity "requires a two-part inquiry: (1) Was the law governing the state official's conduct clearly established?

Olsen v. Idaho State Board Of Medicine

363 F.3d 916 · Court of Appeals for the Ninth Circuit · Apr 7, 2004

Additionally, the Board's proceedings are clearly adversarial, a proposition which is not in dispute. … hearing process clearly fall within the scope of absolute immunity.

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 .

Maisano v. Welcher

940 F.2d 499 · Court of Appeals for the Ninth Circuit · Jul 30, 1991

Sovereign and Qualified Immunity. … In light of our holding that the plaintiffs have failed to establish any violation of constitutional or statutory rights, we need not reach the government’s claims of sovereign and qualified immunity.

Christie v. Barats

61 F. App'x 403 · Court of Appeals for the Ninth Circuit · Apr 11, 2003

Accordingly, the sheriffs, prosecutors, and county clerk were entitled to qualified immunity because their conduct towards the Christies was reasonable under the circumstances known to officials at the time, in light of clearly … established Nevada law.

Mary Gordon v. County of Orange

888 F.3d 1118 · Court of Appeals for the Ninth Circuit · Apr 30, 2018

qualified immunity. … Accordingly, we decline to address the question of qualified immunity in the first instance. D.

New Alaska Development Corp. v. Guetschow

869 F.2d 1298 · Court of Appeals for the Ninth Circuit · Mar 9, 1989

Our decision in Ashelman , however, establishes that “a judge is entitled to immunity even if there was no personal jurisdiction over the complaining party.” 793 F.2d at 1076 . … Coe, 728 F.2d 97, 103 (2d Cir.1984) (prosecutor’s extraneous statements to the press entitled only to qualified good faith immunity); Marrero v.

Lancaster Community Hospital v. Antelope Valley Hospital District, Lancaster Community Hospital, Plaintiff-Counter v. Antelope Valley Medical Group, Inc., and Antelope Valley Hospital District, Defendant-Counter-Claim-3rd Party-Plaintiff-Appellee

940 F.2d 397 · Court of Appeals for the Ninth Circuit · Jul 15, 1991

Burget, 486 U.S. 94 , 108 S.Ct. 1658 , 100 L.Ed.2d 83 (1988), would have to apply for the Group to qualify for state action immunity. … The court was unprepared to state at the time of the motion whether the Group would qualify for such immunity.

Magana v. Northern Mariana Islands

107 F.3d 1436 · Court of Appeals for the Ninth Circuit · Mar 6, 1997

That Act established primarily diversity jurisdiction. … As Lindsey teaches, we apply a kindred rule in summary judgment proceedings when defendants raise a qualified-immunity defense to alleged constitutional violations and we thereby require an increased evidentiary standard.

Chris Lusby Taylor Nancy A. Pepple-Gonsalves v. Steve Westly, in His Capacity as Controller of the State of California

402 F.3d 924 · Court of Appeals for the Ninth Circuit · Mar 29, 2005

They are, however, the type of allegations that qualify a claim for the ultra vires thread of the Lee-Malone exception to sovereign immunity. … As for the other category of cases Malone addressed, the plaintiffs’ procedural due process claim qualifies for the exception to sovereign immunity for that reason as well.

Yassir Fazaga v. Fbi

Court of Appeals for the Ninth Circuit · Jul 20, 2020

Often, whether a right is “clearly established” for purposes of qualified immunity will turn on the legal test for determining whether that right has been 8 Again, as we noted above, “electronic surveillance” … immunity with respect to this category of surveillance under the second prong of the qualified immunity standard—whether “the right was ‘clearly established’ at the time of the challenged conduct.” al-Kidd, 563 U.S. at 735

Llamas v. Butte Community College District

238 F.3d 1123 · Court of Appeals for the Ninth Circuit · Feb 7, 2001

Qualified Immunity. … Qualified immunity shields government officials from liability for civil damages if their conduct does not violate clearly established constitutional rights of which a reasonable person would have known. See Somers v.

Frances Howard v. United States of America Us Sailing Association, Inc. Waikiki Yacht Club, a Hawaii Corporation Guy S. Fleming

181 F.3d 1064 · Court of Appeals for the Ninth Circuit · Jun 22, 1999

Even if it is closed to the “general” public, the fact that it is open to the military public without charge is'sufficient to qualify for immunity under the HRUS. See Mansion v. … The language of the HRUS is unambiguous and clearly extends immunity to any landowner who allows “any person” to enter onto his or her land “without charge” for “recreational purposes.” Haw.Rev. Stat. § 520-4.

Evers v. County of Custer

745 F.2d 1196 · Court of Appeals for the Ninth Circuit · Oct 22, 1984

from suit because they had not violated clearly established constitutional rights of which a reasonable person should have been aware. … Immunity 1. Commissioners. We affirm the district court’s decision that the Commissioners were entitled to qualified good-faith immunity from suit for damages.

Amir H. Shervin v. California State Police Department Al Perez Sam Williams Jerry Everett City of San Francisco San Francisco General Hospital

5 F.3d 539 · Court of Appeals for the Ninth Circuit · Aug 18, 1993

facts showing that genuine issues of material fact existed under Federal Rule of Civil Procedure 56(c); (3) the individual defendants were entitled to qualified immunity; and (4) Shervin failed to state a claim for relief … Additionally, where there is no showing that the individual officers violated clearly established law, they are entitled to a finding of qualified immunity on summary judgment. See Act Up!/Portland v.