Case law

Grady v. Robinson

14 F. App'x 964 · Court of Appeals for the Ninth Circuit · Jul 30, 2001

Accordingly, Hamilton did not establish a blanket prohibition against granting a summary judgment motion based on qualified immunity merely because a plaintiff alleges an Eighth Amendment violation. … Therefore, defendants were entitled to summary judgment on their qualified immunity defense.

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.

Kay v. Likins

160 F. App'x 605 · Court of Appeals for the Ninth Circuit · Dec 22, 2005

rights at issue were not clearly established at the time of her termination from employment. 2 See Lum v. … Jensen, 876 F.2d 1385 (9th Cir.1989) (holding that qualified immunity applies where there was no clearly established due process right to continued public employment that would preclude arbitrary termination where Ninth Circuit

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.

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).

Citizens for Better Forestry v. Usda

Court of Appeals for the Ninth Circuit · Jun 9, 2009

an immunity defense.” … In subsequent proceedings, the defendants succeeded in establishing qualified immunity and were granted summary judgment themselves. Id.

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

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. State of Hawaii

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

Do the Hou qualify for Sec. 1362 jurisdiction? … for federal benefits and "immunities and privileges," see 25 C.F.R.

Olagues v. Russoniello

797 F.2d 1511 · Court of Appeals for the Ninth Circuit · Aug 26, 1986

We need not determine whether the district court erred in denying absolute immunity, because we agree that as a matter of law all those sued are entitled at least to qualified, good faith immunity. … Therefore, the government officials did not violate “clearly established” rights. *1524 V.

Cooper v. Federal Aviation Administration

622 F.3d 1016 · Court of Appeals for the Ninth Circuit · Sep 16, 2010

We ignore at our peril the well-established clear statement rule for waivers of sovereign immunity, which puts Congress, not the courts, in charge. … Cooper qualified for the benefits, which he received from August 1995 to August 1996. B.

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).

Pauma Band of Luiseno Mission Indians of the Pauma & Yuima Reservation v. California

804 F.3d 1031 · Court of Appeals for the Ninth Circuit · Oct 26, 2015

I also do not believe that the State of California waived sovereign immunity with respect to this claim. The 1999 Compact waives immunity as follows: Sec. 9.4. Limited Waiver of Sovereign Immunity. … The monetary damages awarded here do not qualify as injunctive, specific performance or declaratory relief.

Quon v. Arch Wireless, Inc.

Court of Appeals for the Ninth Circuit · Jun 18, 2008

Qualified Immunity for Chief Scharf Chief Scharf asserts that, even if we conclude that he vio- lated Appellants’ Fourth Amendment and California constitu- tional privacy rights, he is entitled to qualified immunity. … There- fore, Chief Scharf is entitled to qualified immunity. 4.

Alliedsignal, Inc., a Delaware Corporation v. City of Phoenix

182 F.3d 692 · Court of Appeals for the Ninth Circuit · Jun 28, 1999

But the mere presence of bacteria in its water does not establish a breach. … Our Supreme Court has adopted a similar principle in cases involving qualified immunity for public officials alleged to have acted under color of law in Section 1983 actions.

Forro Precision, Inc. v. International Business MacHines Corp.

673 F.2d 1045 · Court of Appeals for the Ninth Circuit · Apr 5, 1982

But, where as here there is not proof of market power, the conduct to support an inference of specific intent to monopolize, should be of a kind clearly threatening to competition or clearly exclusionary. … A qualified privilege, however, in general only protects the actor where he can show that he acted reasonably and with proper motive. See W. Prosser, Law of Torts § 16 at 98-99 (4th ed. 1971). 7 .

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.

Patricia Billington, as Personal Representative of the Estate of Ryan Hennessey and as Guardian Ad Litem for Austin Billington, a Minor, and Jenny Hennessey v. David Smith, Individually and in His Official Capacity as a Detective for the Boise City Police Department Larry A. Paulson, Individually and in His Official Capacity as Chief of Police for the City of Boise John Does 1-10, and City of Boise, Patricia Billington, as Personal Representative of the Estate of Ryan Hennessey and as Guardian Ad Litem for Austin Billington, a Minor, and Jenny Hennessey v. City of Boise, a Municipal Corporation Larry A. Paulson, Individually and in His Official Capacity as Chief of Police for the City of Boise John Does 1-10, and David Smith, Individually and in His Official Capacity as a Detective for the Boise City Police Department

292 F.3d 1177 · Court of Appeals for the Ninth Circuit · Jun 21, 2002

Detective Smith appeals denial of his motion for summary judgment based on qualified immunity. … 7 If not, then "there is no necessity for further inquiries concerning qualified immunity." 8 If so, then "the next, sequential step is to ask whether the right was clearly established." 9 A constitutional right is clearly

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 .