Case law

Glenda Tosti v. City of Los Angeles

754 F.2d 1485 · Court of Appeals for the Ninth Circuit · Mar 4, 1985

New York City Department of Social Services, 436 U.S. 658 , 98 S.Ct. 2018 , 56 L.Ed.2d 611 (1978), overruling the prior precedent that established that immunity. … On remand the court of appeals held that the City was entitled to qualified immunity, although otherwise it could be held liable as a “person” under section 1983 for acts occurring prior to the Monell decision.

Kasey Hoffmann v. L. Pulido

928 F.3d 1147 · Court of Appeals for the Ninth Circuit · Jul 8, 2019

This action was dismissed on the basis of sovereign immunity, lack of standing, and the court’s decision not to exercise supplemental jurisdiction over the related state-law claims Hoffmann included in the complaint. … Prior binding precedent also establishes that to qualify as a strike for § 1915(g), a case as a whole, not just some of its individual claims, must be dismissed for a qualifying reason. See Andrews v.

Storli v. Holliday

37 F. App'x 874 · Court of Appeals for the Ninth Circuit · Jun 13, 2002

Storli argues that the district court erred in granting summary judgment in the Flathead Defendants’ favor on their qualified immunity defense to his Fourth Amendment claim. Under Saucier v. … Hannigan, 92 F.3d 1486, 1498 (9th Cir.1996), and, necessarily, a viable qualified immunity defense.

Vincent L. Chalk v. United States District Court Central District Of California

840 F.2d 701 · Court of Appeals for the Ninth Circuit · Feb 26, 1988

Eventually, the virus destroys its host cells, thereby weakening the victim's immune system. … Judge Poole has set out clearly what those best qualified say they know, and we have no choice but to accept their version of the truth.

Stephen Burrell v. Mike McIlroy Glen C. Rector, Jeff Thorpe

423 F.3d 1121 · Court of Appeals for the Ninth Circuit · Sep 19, 2005

Katz, 533 U.S. 194 , 202, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001) ("If the law did not put the officer on notice that his conduct would be clearly unlawful, summary judgment based on qualified immunity is appropriate."). … district court to consider qualified immunity in the first instance.

Kraft v. Jacka

872 F.2d 862 · Court of Appeals for the Ninth Circuit · Apr 12, 1989

Alternatively, the district court ruled that the Board members were entitled to qualified immunity because plaintiffs had not shown that the Board violated clearly established constitutional rights of which a reasonable person … The district court concluded that the Board members were entitled to absolute immunity. Alternatively, the court held that the Board members were entitled to qualified immunity on the civil rights claims.

Saman v. Robbins

173 F.3d 1150 · Court of Appeals for the Ninth Circuit · Mar 23, 1999

The district court denied Kimball’s motion for judgment as a matter of law on the merits and on the basis of qualified immunity. … immunity.

Affordable Housing Development Corp. v. City of Fresno

433 F.3d 1182 · Court of Appeals for the Ninth Circuit · Jan 11, 2006

Legislative Immunity. … Indeed the preeminence of the Amendment over fair housing was so firmly established by 1992 that officials of the federal Fair Housing Administration were denied qualified immunity and held liable in damages for chilling

Azer v. Connell

87 F. App'x 684 · Court of Appeals for the Ninth Circuit · Feb 13, 2004

As for DML’s due process claim, because no statute specifies the “precise action” the appellees “must take in each instance,” a qualified immunity inquiry is appropriate. Davis v. … Thus, DHL’s rights were not “clearly established,” and the appellees are entitled to qualified immunity. Saucier v. Katz, 533 U.S. 194 , 200, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001).

Padilla v. City of San Diego California

258 F. App'x 964 · Court of Appeals for the Ninth Circuit · Dec 11, 2007

Padilla challenges (1) the district court’s findings of fact, and (2) its decision that Defendants were entitled to qualified immunity. … We review de novo whether a defendant is entitled to qualified immunity. Rodis v. City and County of S.F., 499 F.3d 1094, 1097 (9th Cir.2007).

John Lynch v. Gary Christiansen

52 F.3d 333 · Court of Appeals for the Ninth Circuit · Apr 21, 1995

Government officials, however, may raise as an affirmative defense to the suit "good faith" or "qualified" immunity. The determination of qualified immunity is a question of law. Hunter v. … A government official will be immune from liability for civil damages unless the official's conduct violates clearly established legal rights of which a reasonable person would have known. Id. at 227 ; Anderson v.

Bennett v. Islamic Republic of Iran

825 F.3d 949 · Court of Appeals for the Ninth Circuit · Feb 22, 2016

The FSIA, 28 U.S.C. §§ 1330 , 1602-1611, establishes a default rule that foreign states are immune from suit in United States courts. Id. § 1604. Congress enacted the statute to provide a “comprehensive ... … It is undisputed that Bank Melli qualifies as an instrumentality of Iran under the FSIA.

United States v. Randy Lamont Patterson AKA Randy Brown, Marcus Wayne Edmundson, Tony Burton, Don Grogans, and Billy Ray Brown

819 F.2d 1495 · Court of Appeals for the Ninth Circuit · Jun 15, 1987

It is well established that a defendant has no absolute right to have a witness granted immunity. 5 United States v. … To qualify as a DSDO, the district court must make two determinations.

Ashmus v. Calderon

123 F.3d 1199 · Court of Appeals for the Ninth Circuit · Aug 18, 1997

To qualify under the unitary review procedure, a state must appoint counsel to litigate collateral claims, establish standards of competency for the appointment of counsel, and provide reasonable compensation for counsel … Does California Qualify Under Chapter 154 As noted above, under the unitary review procedure, to qualify for the benefits provided by Chapter 154, California must: establish^] by rule of its court of last resort or by statute

Smith v. Almada

640 F.3d 931 · Court of Appeals for the Ninth Circuit · Oct 19, 2010

On the false arrest claim, the district court held that Sergeant Almada was entitled to qualified immunity because a competent officer could reasonably have determined that probable cause existed to arrest Smith for arson … Smith’s first claim — which the district court dismissed on qualified immunity grounds — is that Sergeant Almada violated his Fourth Amendment rights by arresting him without probable cause.

Duvall v. County of Kitsap

260 F.3d 1124 · Court of Appeals for the Ninth Circuit · Aug 14, 2001

Judicial Immunity The district court granted summary judgment to Judge Kruse and court administrator Botta on the ground of judicial immunity. … Absolute immunity is “the exceptional case.” Zolin, 812 F.2d at 1108.

Jacobson v. Hannifin

627 F.2d 177 · Court of Appeals for the Ninth Circuit · Sep 5, 1980

The district court granted summary judgment for the State on alternative grounds: (1) the defendants acted in good faith and were thus protected by qualified immunity, and (2) Jacobson failed to state a claim for denial of … Those claims are clearly without merit and were correctly dismissed by the district court on summary judgment.

Jack West, Leroy Swanson, and Margarety Swanson, for Themselves and on Behalf of All Other Similarly Situated v. Multibanco Comermex, S.A., a Corp., Philip B. Thompson, Anrienne S. Thompson, Donald S. Logan, Etta A. Logan, for Themselves and on Behalf of All Others Similarly Situated v. Bancomer, S.N.C., a Corp., George M. Davies, June H. Davies, Anthony J. Greco, Evelyn A. Greco, for Themselves and on Behalf of All Others Similarly Situated v. Banco Nacional De Mexico, S.A. AKA Banamex, a Corp.

807 F.2d 820 · Court of Appeals for the Ninth Circuit · Jan 6, 1987

immunity was appropriate. … Thus, we need not reach the issue whether each claim must qualify independently under a statutory exception to FSIA or whether if one claim qualifies, jurisdiction exists over related claims as well. Cf.

The Export Group Emilio Figueroa Jack Andrews v. Reef Industries, Inc., and Mexican Coffee Institute

54 F.3d 1466 · Court of Appeals for the Ninth Circuit · May 22, 1995

INMECAFE bears the burden of proof to establish its entitlement to sovereign immunity under the FSIA before the burden shifts to the plaintiff to establish an exception. Meadows v. … ) of the FSIA restrict the scope of the waiver of sovereign immunity for commercial activities established by section 1605(a)(2).

Weast v. Pierce County

34 F. App'x 587 · Court of Appeals for the Ninth Circuit · May 13, 2002

The individual defendants, Sheriff John Shields and Captain Myron Smith, asserted that they were entitled to qualified immunity and moved for summary judgment dismissal. The district court denied the motion. … We affirm the district court’s denial of summary judgment on defendants’ qualified immunity claim. AFFIRMED.