Case law

Torres v. City of Madera

524 F.3d 1053 · Court of Appeals for the Ninth Circuit · May 5, 2008

Because we cannot resolve the reasonableness inquiry here, we cannot resolve whether Officer Noriega's conduct violated the Fourth Amendment — -a question whose resolution is condition precedent to the qualified immunity … ’s seizure was not clearly established.

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 … We affirmed the district court's denial of summary judgment in an unpublished memorandum disposition, concluding that the law was clearly established that excessive force in the execution of a valid search warrant may violate

Peter-Palican v. Government of the Commonwealth of the Northern Mariana Islands

332 F. App'x 377 · Court of Appeals for the Ninth Circuit · May 26, 2009

Any right Peter-Palican had to continued employment as special assistant past that term was therefore not clearly established. … Even assuming that Acting Governor Timothy Villago-mez took affirmative steps to terminate Peter-Palican’s employment, which is not clear from the record, he is entitled to qualified immunity in the absence of controlling

Southwest Marine, Inc., on Behalf of Universal Painting and Sandblasting Corp. v. United States of America and the United States Department of Navy

43 F.3d 420 · Court of Appeals for the Ninth Circuit · Dec 12, 1994

Clearly, while not all claims involving maritime contracts are perforce CDA claims, plaintiffs who seek recovery in contract under the CDA must comply with its provisions. See Bethlehem Steel Corp. v. … The applicant for fees bears the burden of establishing eligibility. Love v. Reilly, 924 F.2d 1492, 1494 (9th Cir.1991). 3 .

Alain Scofield v. City of Hillsborough William A. Key, Chief of Police Thomas Musser, a Police Officer

862 F.2d 759 · Court of Appeals for the Ninth Circuit · Dec 7, 1988

Police officers are immune from liability under section 1983 so long as their conduct does not violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … The district court did not address the question of qualified immunity. It never got to this issue.

Arizona Students' Ass'n v. Arizona Board of Regents

824 F.3d 858 · Court of Appeals for the Ninth Circuit · Jun 1, 2016

The district court also reasoned that a benefit only qualified as a valuable government benefit if it were a “benefit available to the general public based on objective criteria.” … A plaintiff may establish motive using direct or circumstantial evidence. Ulrich v. City & County of San Francisco, 308 F.3d 968, 979 (9th Cir. 2002) (citing Allen v. Iranon, 283 F.3d 1070, 1074 (9th Cir. 2002)).

United States v. Rosario Montoya, United States of America v. Filiberto E. Montoya

45 F.3d 1286 · Court of Appeals for the Ninth Circuit · Jan 12, 1995

The nine detailed declarations filed by the Government establish that the indictment rested entirely on sources independent of Montoya’s immunized testimony. … We are satisfied that the district court’s finding that there was no evidentiary use of Montoya’s immunized statements and testimony was not clearly erroneous. 2.

Blanford v. Sacramento County

406 F.3d 1110 · Court of Appeals for the Ninth Circuit · May 6, 2005

established law, the deputies are entitled to qualified immunity. … IV 24 It follows that the deputies are entitled to qualified immunity.

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).

Gonzalez v. City of Santa Monica

88 F. App'x 161 · Court of Appeals for the Ninth Circuit · Jan 23, 2004

Since the law governing excessive force was clearly established at the time of the alleged incident, qualified immunity would be inappropriate under the facts alleged. Drummond v. … As the requirement that police possess probable cause to arrest an individual was established by Beck in 1964, qualified immunity, and hence summary judgment, would not be appropriate.

Lopez-Rodriguez v. Holder

560 F.3d 1098 · Court of Appeals for the Ninth Circuit · Mar 27, 2009

In other words, the panel imported the unrelated test for refusing qualified immunity, established by the Supreme Court in Saucier v. … In so holding, the Supreme Court established that the inquiry for whether a government official is entitled to qualified immunity "is whether it would be clear to a reasonable officer that his conduct was unlawful in the

Hammer v. Gross

932 F.2d 842 · Court of Appeals for the Ninth Circuit · May 13, 1991

VI Finally, defendants Zatarain and Gross contend that they were entitled to qualified immunity as a matter of law. … These defendants are immune from personal liability if reasonable officers in their position, in light of clearly established law, could have believed that the actions they took were lawful. See Anderson v.

Hart v. Gaione

315 F. App'x 3 · Court of Appeals for the Ninth Circuit · Nov 20, 2007

MEMORANDUM ** Plaintiff-Appellant Anthony Hart appeals the district court order granting Defendant-Appellee Gregory Gaioni’s 1 motion for summary judgment on the basis of qualified immunity. 2 We review the grant of summary … Gaioni is entitled to qualified immunity if a reasonable officer in the same circumstances would have thought probable cause existed. See Saucier v. Katz, 533 U.S. 194 , 202, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001).

Kuzinich v. County of Santa Clara

689 F.2d 1345 · Court of Appeals for the Ninth Circuit · Oct 13, 1982

The Detroit ordinance was enacted prior to the establishment of the theaters as adult theaters. … As to such acts the supervisors enjoy a qualified rather than an absolute immunity. See Morrison v. Jones, 607 F.2d 1269 (9th Cir. 1979).

Acres Bonusing, Inc v. Lester Marston

17 F.4th 901 · Court of Appeals for the Ninth Circuit · Nov 5, 2021

Ct. at 1291, Blue Lake is not the real party in interest, and tribal sovereign immunity does not apply. 2 On remand, the district court granted summary judgment to the tribal paramedics based on qualified immunity … As we explained in Maxwell, the plaintiff in Cook “had sued the individual defendants in their official capacities in order to establish vicarious liability for the tribe,” which meant that Cook’s invocation of tribal 22

Price v. Hawaii

764 F.2d 623 · Court of Appeals for the Ninth Circuit · Jun 25, 1985

Do the Hou qualify for § 1362 jurisdiction? … Although no statute or regulation governs recognition of the Hou for purposes of establishing § 1362 jurisdiction, we conclude that the same factors which govern eligibility for federal benefits and “immunities and privileges

Mejia v. City of Sacramento

177 F. App'x 661 · Court of Appeals for the Ninth Circuit · Apr 19, 2006

Qualified Immunity First, with respect to the alleged noncompliance with the knock-and-announce rule, Mejia has presented adequate claims for a constitutional violation as a matter of law. Saucier v. … Second, with respect to whether the law at the time of the offense was clearly established, the law relating to knock-and-announce was clear: The general principle of knock-and-an *665 nounce had long been part of American

Phillips v. E.I. Dupont De Nemours & Co.

534 F.3d 986 · Court of Appeals for the Ninth Circuit · Aug 14, 2007

Because Congress did not enact the PAA against a back-drop of well-established common law principles that included the government contractor defense, we cannot grant immunity from liability. … While this issue presents a close question, we conclude that Defendants do not qualify for the exception.

Independent Living Center of Southern California, Inc. v. Maxwell-Jolly

572 F.3d 644 · Court of Appeals for the Ninth Circuit · Jul 9, 2009

In both cases, the central question is the purpose underlying § 30(A), and as to that question, Orthopaedic Hospital clearly controls. B. … However, there are three well-established exceptions to this general rule.

Kern-Tulare Water District v. City of Bakersfield

828 F.2d 514 · Court of Appeals for the Ninth Circuit · Sep 18, 1987

Nor is federal determination of the immunity question disruptive of state efforts to establish coherent policy with respect to municipal control over water and water rights. … Where a city claims Parker immunity, however, the court will require that the state policy authorizing the challenged restraint be clearly articulated and affirmatively expressed. See id. at 410 , 98 S.Ct. at 1135 .