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Gomez v. County of Los Angeles
314 F. App'x 928 · Court of Appeals for the Ninth Circuit · Feb 27, 2009
MEMORANDUM * The district court did not err in denying Waldie’s motion for summary judgment, because he is not entitled, as a matter of law, to qualified immunity from Gomez’s First Amendment retaliation claim. … The criteria for determining whether a lieutenant position qualified as a policymaking position was clearly established by 2001, as was the general principle “that a lieutenant in a sheriffs office was not necessarily a policymaker
Cited 0 timesPublished297 F.3d 940 · Court of Appeals for the Ninth Circuit · Sep 6, 2002
Pelletier, 516 U.S. 299, 305 , 116 S.Ct. 834 , 133 L.Ed.2d 773 (1996) (the denial of qualified immunity is an appealable “final” order under the Cohen doctrine, 337 U.S. 541 , 69 S.Ct. 1221 , 93 L.Ed. 1528 ); Paine v. … Trustee Curry, as the proponent of the claim of absolute immunity, bears the burden of establishing that such immunity is justified. Id. at 432 , 113 S.Ct. 2167 . A.
Cited 11 timesPublished315 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).
Cited 0 timesPublishedMarceau v. Blackfeet Housing Authority
455 F.3d 974 · Court of Appeals for the Ninth Circuit · Jul 20, 2006
App.1989) (“Contrary to the housing authority’s position, this tribal ordinance is an indisputable qualified waiver of immunity by the Blackfeet Tribe and housing authority for a breach of contract action .... … The first clause clearly has some present effect.
Cited 10 timesPublished65 F. App'x 591 · Court of Appeals for the Ninth Circuit · Mar 17, 2003
Pearce cross-appeals the denial of his motion to reconsider, the district court’s denial of qualified immunity. We affirm in part and reverse in part. … Therefore, the district court erred in denying him qualified immunity. AFFIRMED in part; REVERSED in part.
Cited 0 timesPublished384 F.3d 1092 · Court of Appeals for the Ninth Circuit · Sep 27, 2004
Thus, while interviews conducted before probable cause to arrest has been established are not protected by absolute immunity, the converse is not necessarily true. … The declaration clearly showed that when the prosecutor met with the witness, "he did so to tell [the witness] how he should testify." Id.
Cited 0 timesPublishedForro 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 .
Declined to follow by Fenelon v. Superior Court, 223 Cal. App. 3d 1476 (1990)Cited 117 timesPublishedJeffrey Plaskett v. Christine Wormuth
18 F.4th 1072 · Court of Appeals for the Ninth Circuit · Nov 19, 2021
immunity. … Plaskett’s complaint fails to plead sufficient facts to show that the process contemplated by the October 2017 order has been completed and that a certain amount of additional backpay is now clearly owed to him.
Cited 52 timesPublishedUnited Aeronautical Corp. v. Usaf
80 F.4th 1017 · Court of Appeals for the Ninth Circuit · Sep 7, 2023
As the only party to the DRA other than the Forest Service, Aero is clearly a contractor. *** Because Aero’s action satisfies each of the prerequisites of the CDA’s exclusive-jurisdiction provision … immunity.”
Cited 28 timesPublishedCitizens 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.
Cited 0 timesPublishedBennett v. Islamic Republic of Iran
817 F.3d 1131 · 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. Con *1137 gress enacted the statute to provide a “comprehensive ... … It is undisputed that Bank Melli qualifies as an instrumentality of Iran under the FSIA.
Cited 7 timesPublishedEstate of Martinez v. City of Federal Way
105 F. App'x 897 · Court of Appeals for the Ninth Circuit · Jul 2, 2004
The district court properly determined that Monico was entitled to qualified immunity under federal law. … With regard to the state tort claims, Monico was entitled to qualified immunity under Washington law for the reasons given by the district court in its order granting partial summary judgment. B.
Cited 6 timesPublishedPhilip M. McQuirk v. Louis Kevin Donnelley, Sheriff Glenn County Glenn County
189 F.3d 793 · Court of Appeals for the Ninth Circuit · Aug 20, 1999
Furthermore, the attorney general in Kilgore was clearly serving a policy-making role when he released the report. … Donnelley did raise § 47(c), which provides only qualified immunity, as an affirmative defense, and as a ground for summary judg.ment. See Cal.
Cited 17 timesPublishedJames R. Termini v. United States
963 F.2d 1264 · Court of Appeals for the Ninth Circuit · May 7, 1992
The Californian cloak of landowner immunity does not extend to such behavior, and the district court clearly erred in holding to the contrary. II. … Here, while the district court made no findings in this regard, the record clearly indicates that the USFS failed to observe established regulations governing its conduct.
Cited 24 timesPublished71 F.4th 1181 · Court of Appeals for the Ninth Circuit · Jun 26, 2023
Defendants moved to dismiss, arguing that Harper had no Bivens claim and that Defendants were entitled to qualified immunity. The district court rejected Defendants’ Bivens challenge and denied qualified immunity. … immunity.
Cited 37 timesPublishedAlliedsignal, 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.
Cited 29 timesPublished123 F.3d 1199 · Court of Appeals for the Ninth Circuit · Aug 18, 1997
Does California Qualify Under Chapter 154 42 As noted above, under the unitary review procedure, to qualify for the benefits provided by Chapter 154, California must: 43 establish[ ] by rule of its court of last resort or … Each official claims Eleventh Amendment immunity. 68 The court's opinion filed today (Discussion, part C) tells us that the immunity defense will not lie because the prisoners' class action claims fall within the Ex Parte
Cited 0 timesPublished241 F. App'x 359 · Court of Appeals for the Ninth Circuit · Jun 18, 2007
The district court found that Plaintiffs due process claims failed because (1) “some evidence” supported the DHO’s decision; and (2) Defendants were entitled to qualified immunity. We agree. … Because Plaintiff failed to allege a constitutional violation, “there is no necessity for further inquiries concerning qualified immunity.” Saucier, 533 U.S. at 201, 121 S.Ct. 2151 . 2 AFFIRMED.
Cited 3 timesPublished310 F. App'x 123 · Court of Appeals for the Ninth Circuit · Jan 23, 2009
Although Roy stated a claim against defendant Barshaw, the district court properly determined that Barshaw was entitled to qualified immunity because Roy failed to demonstrate that the right at issue was clearly established … McKee, 290 F.3d 965, 969 (9th Cir.2002) (stating that the plaintiff bears the burden of showing that the right is clearly established). Roy’s remaining contentions are unpersuasive. AFFIRMED.
Cited 0 timesPublishedGomez v. County of Los Angeles
314 F. App'x 928 · Court of Appeals for the Ninth Circuit · Feb 27, 2009
MEMORANDUM * The district court did not err in denying Waldie’s motion for summary judgment, because he is not entitled, as a matter of law, to qualified immunity from Gomez’s First Amendment retaliation claim. … The criteria for determining whether a lieutenant position qualified as a policymaking position was clearly established by 2001, as was the general principle “that a lieutenant in a sheriffs office was not necessarily a policymaker
Cited 0 timesPublished
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