Case law

Doe v. Lawrence Livermore National Laboratory

65 F.3d 771 · Court of Appeals for the Ninth Circuit · Sep 11, 1995

However, “not all state-created or state-managed entities are immune from suit in federal court.... an entity may be organized or managed in such a way that it does not qualify as an arm of the state entitled to sovereign … Finally, the fifth factor weighs against immunity because the California Constitution establishes a “corporation known as ‘The Regents of the University of California.’” Cal. Const, art. 9, § 9(a).

Timothy J. Gawron v. Kurt McAllister Peter Ritter

60 F.3d 833 · Court of Appeals for the Ninth Circuit · Jul 7, 1995

Officer Ritter 5 Gawron contends that the district court erred by finding that Ritter was entitled to qualified immunity. … This contention lacks merit. 6 To determine whether an official is entitled to qualified immunity, a court must determine (1) whether the right allegedly violated was "clearly established" at the time of the alleged violation

Lowell G. Ferguson v. National Transportation Safety Board and Longhorne M. Bond, Administrator, Federal Aviation Administration

678 F.2d 821 · Court of Appeals for the Ninth Circuit · Jun 2, 1982

Neither the historical background nor the language of the circular indicates that reckless conduct can be considered “inadvertent and not deliberate” and thus, qualify for a waiver of punishment. … Clearly, Ferguson’s conduct cannot fall within the ambit of this definition.

James C. Conrad v. United States

447 F.3d 760 · Court of Appeals for the Ninth Circuit · May 10, 2006

. ■ He did not sue the AUSA, who was protected by prosecutorial immunity. … By using the qualifying term “unnecessary,” the rule commits some definition of “necessary” to the judgment of the agent in the field.

Perfect 10, Inc. v. CCBill LLC

481 F.3d 751 · Court of Appeals for the Ninth Circuit · Mar 29, 2007

incorporate the established meaning of these terms,” Rossi 391 F.3d at 1004 n. 4 (9th Cir.2004) (quoting Neder v. … “The majority of federal circuits have interpreted the CDA to establish broad ‘federal immunity to any cause of action that would make service providers liable for information originating with a third-party user of the service

D'Agostino v. Delgadillo

111 F. App'x 885 · Court of Appeals for the Ninth Circuit · Oct 1, 2004

immunity. … Finally, to the extent D’Agostino has sued the city defendants in their individual capacities to obtain damages, the district court did not err in finding that the city defendants were entitled to qualified immunity.

Sergio Momox-Caselis v. Tara Donohue

987 F.3d 835 · Court of Appeals for the Ninth Circuit · Feb 3, 2021

The district court held that Law was entitled to discretionary act immunity. … We hold that the Momox-Caselis family’s second section 1983 due process claim fails, and we do not consider their arguments challenging qualified immunity. C.

Eutimio Oregel, Jr., Javier Oregel, Mary Oregel v. Richard Hassna, Oakland Police Officer Terrence McCrea Oakland Police Officer City of Oakland

57 F.3d 1077 · Court of Appeals for the Ninth Circuit · May 25, 1995

Because we hold that the officers are entitled to qualified immunity, 1 we affirm the denial of plaintiffs' summary judgment motion. 2 4 For qualified immunity purposes, the question of exigent circumstances turns on whether … Ct. 1945 (1993) 3 To determine whether the law was "clearly established", we review "all available decisional law including decisions of state courts, other circuits, and district courts." Vaughan v.

Douglas Kimzey v. Yelp!

836 F.3d 1263 · Court of Appeals for the Ninth Circuit · Sep 12, 2016

Accusearch Inc., 570 F.3d 1187, 1195 (10th Cir. 2009) (“The prototypical service qualifying for [CDA] immunity is an online messaging board (or bulletin board) on which Internet subscribers post comments and respond to comments … These cases establish that a website may lose 12 KIMZEY V. YELP!

John Doe, M.D., by Curtis Lavery, of His Estate v. Attorney General of the United States

44 F.3d 715 · Court of Appeals for the Ninth Circuit · Jan 18, 1995

We must accept the district court’s factual findings unless they are clearly erroneous. Id. … In order to establish a prima facie case of discrimination under section 504, it must be shown that (1) Dr.

Harmon v. Calderon

2 F. App'x 821 · Court of Appeals for the Ninth Circuit · Jan 24, 2001

With respect to Harmon’s Fourth and Eighth Amendment claims, we conclude that he failed to establish that prison officials violated clearly established statutory or constitutional rights of which a reasonable person would … Accordingly, the district court did not err by determining that defendants were entitled to qualified immunity.

Frank Haygood v. Evelle J. Younger, and Harold Cranke and Benjamin Seymour

769 F.2d 1350 · Court of Appeals for the Ninth Circuit · Aug 27, 1985

The remaining question is whether the defendants still in the case had a qualified immunity defense as a matter of law, or whether a triable issue of fact remained to be resolved. … Qualified Immunity Defense Even when the state government has done wrong, the officials who caused the injury can be shielded from liability if a defense is available under § 1983 (e.g., qualified immunity).

Util. L. Rep. P 14,142, 97 Cal. Daily Op. Serv. 2503, 97 Daily Journal D.A.R. 4457 Columbia Steel Casting Co., Inc., an Oregon Corporation v. Portland General Electric Company, an Oregon Corporation, Columbia Steel Casting Co., Inc., an Oregon Corporation v. Portland General Electric Company, an Oregon Corporation Public Utility Commission of the State of Oregon

111 F.3d 1427 · Court of Appeals for the Ninth Circuit · Apr 3, 1997

The Midcal Clear Articulation Requirement 35 The state-action doctrine cloaks anticompetitive conduct with antitrust immunity only if the state's intent to displace competition with regulation is "clearly articulated and … consequence' of the decision to establish an exclusive dispatcher."

Bradshaw v. Stoller

58 F. App'x 278 · Court of Appeals for the Ninth Circuit · Feb 6, 2003

A police officer is immune from § 1983 liability unless (i) “the officer’s conduct violated a constitutional right;” and (ii) “the right was clearly established,” i.e., “it would be clear to a reasonable officer that his … Bryant, 502 U.S. 224, 228 , 112 S.Ct. 534 , 116 L.Ed.2d 589 (1991) (“The qualified immunity standard gives ample room for mistaken judgments by protecting all but the plainly incompetent or those who knowingly violate the

William Robert Dare Gary Petillo v. State of California Dept. Of Motor Vehicles

191 F.3d 1167 · Court of Appeals for the Ninth Circuit · Sep 16, 1999

Constitutionality Having established an ADA violation, we turn to the constitutional issues raised by the government. … Title II of the ADA When Congress both expresses unequivocal intent to abrogate immunity and also acts pursuant to its § 5 powers, a state’s immunity is waived. See Seminole Tribe of Florida v.

House v. Mine Safety Appliances Co.

573 F.2d 609 · Court of Appeals for the Ninth Circuit · Apr 14, 1978

The Idaho cases, relied on in the Monsanto case, clearly establish that such a person is not an employer under the statutory definition, even though he benefits from the work done. Moon v. … What is re *618 quired to qualify as a claim is established by regulation. 28 C.F.R. § 14.2 . The purported claims did not qualify as “claims” and, therefore, there is no jurisdiction.

Hutchinson v. United States

677 F.2d 1322 · Court of Appeals for the Ninth Circuit · May 26, 1982

Finally, the defendants as individuals are immune from suit because of their qualified immunity. In Butz v. … Economou, 438 U.S. 478, 507 , 98 S.Ct. 2894, 2911 , 57 L.Ed.2d 895 (1978), the Supreme Court held that federal officials are generally entitled to at least the same “qualified immunity” it had previously accorded to state

Weber v. Department of Veterans Affairs

521 F.3d 1061 · Court of Appeals for the Ninth Circuit · Apr 4, 2008

If such a board finds that such person is not fully qualified and satisfactory, such person shall be separated from the service. A summary review board convened to review Dr. Weber’s appointment on August 2, 1999. … “Under Fausto , where a comprehensive remedial scheme exists to address agency adverse actions, and Congress has clearly indicated that no judicial review is available, an individual may not choose other federal statutory

Lopez v. Tell

137 F. App'x 36 · Court of Appeals for the Ninth Circuit · Jun 23, 2005

The district court properly granted summary judgment for defendants on the grounds of qualified immunity because Lopez failed to raise a genuine issue of material fact as to whether it would be clear to a reasonable doctor … Ramirez-Palmer, 301 F.3d 1043, 1049-50 (9th Cir. 2002) (holding that a prison official may be entitled to qualified immunity where he has a reasonable, but mistaken, belief about the facts or about what the law requires in

Robert H. Fendler v. United States Parole Commission

774 F.2d 975 · Court of Appeals for the Ninth Circuit · Oct 22, 1985

But even if we concluded that the individual Commission members are not entitled to absolute immunity, it is apparent that the members are entitled to qualified immunity because Fendler has not alleged a violation of a clearly … established constitutional right.