Case law

Valerie Streit, Individually and as Class Representative Diego Santillana, Individually and as Class Representative Michael Roerich, Individually v. County of Los Angeles, a Governmental Entity Jerry Harper, Undersheriff Michael Graham, Assistant Sheriff Barry King, Chief Bob Pash, Chief Daniel Burt, Commander, Eddie Shields, Individually and as a Class Representative v. County of Los Angeles, a Governmental Entity Jerry Harper, Undersheriff Michael Graham, Assistant Sheriff Barry King, Chief Bob Pash, Chief Daniel Burt, Commander, Randall Cleaves, Individually and as Class Representative Alfred Carrillo, Individually and as Class Representative v. County of Los Angeles, a Governmental Entity Jerry Harper, Undersheriff Michael Graham, Assistant Sheriff Barry King, Chief Bob Pash, Chief Daniel Burt, Commander, Munique Williams Michael E. White April Marie Courie Eric Mitchell Dianeramirez, Individually, and as Class Representative Heather Yousif, Individually, and as Class Representative Margo v. Borrup, Individually, and as Class Representative Quinton Cooper Ruby Sellars v. Sherman Block, Sheriff, Individually and in His Official Capacity, and Los Angeles County Sheriff's Department, Leellen Patchen, Individually and as Class Representative Steven Gray, Individually and as Class Representative Isaac Tchakmakjian, Individually and as Class Representative v. County of Los Angeles, a Governmental Entity Los Angeles County Sheriff's Department, Michael E. White April Marie Courie Eric Mitchell Diane Ramirez, Individually and as Class Representative Heather Yousif, Individually and as Class Representative Margo v. Borrup, Individually and as Class Representative Quinton Cooper Ruby Sellars Leellen Patchen, Individually and as Class Representative Steven Gray, Individually and as Class Representative Isaac Chakmakjian, Individually and as Class Representative Eddie Shields, Individually and as Class Representative Diego Santillana, Individually and as Class Representative Michael Roerich, Individually Randall Cleaves, Individually and as Class Representative v. Sherman Nmi Block, Sheriff, Individually and in His Official Capacity, and County of Los Angeles, a Governmental Entity Los Angeles County Sheriff Department, as Doe 1, Samuel Gladney v. County of Los Angeles, Los Angeles County Sheriff's Department Estate of Sherman Block Jerry Harper Michael Graham Robert Mann Barry King Daniel Burt, Munique Williams Michael E. White April Marie Courie Eric Mitchell Diane Ramirez, Individually, and as Class Representative Margo v. Borrup, Individually, and as Class Representative Quinton Cooper Ruby Sellars, and Johnny Ray Tolbert Kevin Baxter, Individually and as Class Representatives and in Their Capacities as Taxpayers Joseph Whitner, Individually, and as Class Representative Yolanda Corbert, Individually, and as Class Representative Cassondra McNair Individually, and as Class Representative Ronald J. Borrup, Individually, and as Class Representative Kirk Douglas Julian Valdez Frank Lopez Joe Sanchez, Jr. Moises Carranza Hamid Shahian Herman Wyche Duc Huu Pham

236 F.3d 552 · Court of Appeals for the Ninth Circuit · Jan 12, 2001

The district court denied the City of San Jose and individual defendants' motions for summary judgment, which claimed a qualified immunity defense. … In Fowler, the district court found that "in the face of [a] state court's `clearly established' release order, it was unreasonable for the [Sheriff] to do more than simply "check-out " the Plaintiff after he was returned

Emmett Wilks, Jr. v. Julio Gonzales Reyes

5 F.3d 412 · Court of Appeals for the Ninth Circuit · Oct 28, 1993

Qualified Immunity Reyes asks this court to affirm the district court’s entry of judgment in his favor on the ground that he is entitled to qualified immunity. … The jury rejected Reyes’ defense of qualified immunity, and there was evidence to support their verdict. III.

Columbia Steel Casting Co. v. Portland General Electric Co.

111 F.3d 1427 · Court of Appeals for the Ninth Circuit · Dec 27, 1996

by forming an intent that is not expressed forthrightly and clearly. … consequence’ of the decision to establish an exclusive dispatcher.”

Estate of Robin Grant Kennedy v. Bell Helicopter Textron, Inc., and Garlick Helicopters, Inc.

283 F.3d 1107 · Court of Appeals for the Ninth Circuit · Mar 15, 2002

The analogy to qualified immunity is inappropriate, however, because the social costs that justify conferring immunity from suit for qualified immunity and double jeopardy claims are not present in a GARA defense. … Qualified immunity, however, is fundamentally distinct from the GARA statute of repose.

Ingram v. City of Los Angeles

331 F. App'x 462 · Court of Appeals for the Ninth Circuit · May 20, 2009

Assuming that there was a Fourth Amendment violation, the officer defendants are entitled to qualified immunity because the officers’ conduct was not in violation of clearly established law.

Ingram v. City of Los Angeles

331 F. App'x 462 · Court of Appeals for the Ninth Circuit · May 20, 2009

Assuming that there was a Fourth Amendment violation, the officer defendants are entitled to qualified immunity because the officers’ conduct was not in violation of clearly established law.

United States v. William Roger Trice, United States of America v. Emric Clayton, Jr.

476 F.2d 89 · Court of Appeals for the Ninth Circuit · Mar 30, 1973

The reliability of an informant is the controlling factor in establishing probable cause for an arrest. See United States v. … Clayton has not demonstrated, as he must, that those findings were clearly erroneous.

Muendel v. Los Angeles Police Department

7 F. App'x 701 · Court of Appeals for the Ninth Circuit · Mar 29, 2001

The officers and the City are also entitled to qualified immunity on this claim. Based on the facts described above, “a reasonable officer could have believed that probable cause existed” to arrest Muendel. … Because the law was not clearly established as of September 1998 that a casual visitor has a legitimate expectation of privacy in the house of a third person, the officers and the City are also entitled to qualified immunity

Watson v. Schwarzenegger

347 F. App'x 282 · Court of Appeals for the Ninth Circuit · Jun 23, 2009

The district court did not err in determining that the defendants were entitled to qualified immunity on Watson’s fifth and twelfth claims. … Assuming that there was a constitutional violation, the defendants were entitled to qualified immunity because their conduct was not in violation of clearly established law at the time of Watson’s arrest or his parole revocation

United States v. State of Washington

994 F.3d 994 · Court of Appeals for the Ninth Circuit · Aug 19, 2020

We explained that, by virtue of that statute, Congress had “sufficiently qualifie[d] the intergovernmental immunity of the United States to permit the state to make the distinction it has.” Id. … Although this argument sounds in preemption, the United States has waived that argument by not clearly and distinctly raising it. McKay v. Ingleson, 558 F.3d 888, 891 n.5 (9th Cir. 2009).

Radillo v. Fugioka

321 F. App'x 604 · Court of Appeals for the Ninth Circuit · Apr 3, 2009

The district court properly determined that defendants were entitled to qualified immunity on Radillo’s First Amendment claim because the right that Radillo alleges was violated was not clearly established at the time of … Lehman, 397 F.3d 692, 701-02 (9th Cir.2005) (holding that prior case law did not clearly establish that a ban on catalogs was unconstitutional).

Patrick v. Burget

800 F.2d 1498 · Court of Appeals for the Ninth Circuit · Sep 30, 1986

Immunity applies even if the judge's jurisdiction is questionable. Utley, 402 P.2d at 92 . Dr. Russell's activities as a member of BOME therefore were immune unless jurisdiction was clearly absent. … The jury was not properly instructed on immunity: to wit, that Boelling and Harris were immune from liability for their testimony before the BOME; that all defendants had qualified immunity as to their conduct pertaining

Sigman v. United States

217 F.3d 785 · Court of Appeals for the Ninth Circuit · Mar 29, 2000

evidence to establish it complied with applicable standards and regulations. … The Federal Tort Claims Act Suits against the United States and its agencies are barred by sovereign immunity unless permitted by an explicit waiver of immunity from suit. See FDIC v.

William Thornton v. Arnold Schwarzeneggar

724 F.3d 1255 · Court of Appeals for the Ninth Circuit · Jul 31, 2013

Parole officers’ “immunity for conduct arising from their duty to supervise parolees is qualified.” Anderson, 714 F.2d at 910 . … Absolute immunity therefore does not apply to Plaintiffs enforcement — based claim. However, the district court also dismissed this claim as barred by qualified immunity.

Fed. Sec. L. Rep. P 90,318, 98 Cal. Daily Op. Serv. 8274, 98 Daily Journal D.A.R. 11,493 Sparta Surgical Corporation v. National Association of Securities Dealers, Inc. Nasdaq Stock Market, 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. 34 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.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellee, v. PACIFIC PRESS PUBLISHING ASSOCIATION, Defendant-Appellant

676 F.2d 1272 · Court of Appeals for the Ninth Circuit · May 10, 1982

Significantly, Tobler’s local church could have invoked disciplinary actions such as censure or expulsion from the church which undoubtedly would qualify as ecclesiastical decisions immune from judicial review. … Press’ Establishment Clause Arguments Press also contends that Title VII violates the establishment clause because it creates impermissible EEOC entanglement with religion.

Quinault Indian Nation v. Mary Pearson

868 F.3d 1093 · Court of Appeals for the Ninth Circuit · Aug 29, 2017

not qualify as claims for recoupment. … Here, the Nation filed the underlying suit but took no further action that unequivocally waived its immunity to the Estate’s counterclaims. Nor do the Estate’s counterclaims qualify as claims for recoupment.

Gamboa v. Rubin

80 F.3d 1338 · Court of Appeals for the Ninth Circuit · Apr 9, 1996

In the face of this well-established rule that states cannot easily waive their immunity, Vargas v. … We conclude that Rubin is immune from suit under the Eleventh Amendment.

Alford v. Haner

446 F.3d 935 · Court of Appeals for the Ninth Circuit · Apr 25, 2006

Alford argues we should remand because there are disputed material facts as to the existence of probable cause and the possibility of qualified immunity. We disagree. … We held that a reasonable jury could not have concluded Officer Haner had probable cause to arrest or was entitled to qualified immunity because the actions for which Alford was arrested and charged were in fact lawful.

96 Cal. Daily Op. Serv. 911, 96 Daily Journal D.A.R. 1457 Robert Chuman Nancy Woo Kyle Townson v. Craig A. Wright City of Los Angeles Charles Duke, and Mark P. Fronterotta, Robert Chuman Nancy Woo Kyle Townson v. Craig A. Wright and City of Los Angeles Charles Duke Mark P. Fronterotta

76 F.3d 292 · Court of Appeals for the Ninth Circuit · Feb 8, 1996

All three Inglewood defendants moved for summary judgment on the ground of qualified immunity, which the district court denied. … We affirmed the district court's denial of summary judgment in an unpublished memorandum disposition, concluding that the law was clearly established that excessive force in the execution of a valid search warrant may violate