Case law

Beltran Ex Rel. Beltran v. Santa Clara County

491 F.3d 1097 · Court of Appeals for the Ninth Circuit · Jun 25, 2007

“[B]eyond those func- tions historically recognized as absolutely immune at com- mon law, qualified and only qualified immunity exists.” Miller v. Gammie, 335 F.3d 889, 897 (9th Cir. 2003) (en banc). … We stated, “We must now recognize that beyond those func- tions historically recognized as absolutely immune at com- mon law, qualified and only qualified immunity exists.” Id. at 897.

Estate 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.

Curry v. Castillo

297 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.

Jones-Heim v. Reed

241 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.

Larry Donnell George v. City of Long Beach Robert Fowks Harry Kartinen

973 F.2d 706 · Court of Appeals for the Ninth Circuit · Sep 17, 1992

The district court here granted George’s motion for partial summary judgment on that issue, and held that the officers were not entitled to qualified immunity as to the warrantless arrest. … Since there was probable cause here, the court apparently reasoned that the officers were immune from liability.

Eklund v. Byron Union School District

154 F. App'x 648 · Court of Appeals for the Ninth Circuit · Nov 17, 2005

The district court did not err in determining that the District and individual defendants were entitled to qualified immuni'ty from suit because they did not violate a constitutional right, let alone a clearly-established … City of Ridgefield, 411 F.3d 1134, 1141-42 (9th Cir.2005) (applying Saucier two-part immunity test). 3. The district court did not err in determining that the Dupee plaintiffs had no standing.

Marceau 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.

United 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.”

Crim v. King

65 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.

David Genzler v. Peter J. Longanbach, and Jeffrey O'Brien County of San Diego, a Governmental Entity San Diego County District Attorney's Office Gregory Thompson James Pippen Paul Pfingst, David Genzler v. Peter J. Longanbach County of San Diego, a Governmental Entity San Diego County District Attorney's Office, and Jeffrey O'Brien Gregory Thompson James Pippen Paul Pfingst

384 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.

Jeffrey Connell v. Lima Corporate

988 F.3d 1089 · Court of Appeals for the Ninth Circuit · Feb 17, 2021

Since the statute does not “clearly express[] an intention to the contrary,” we read “manufactured” according to its “ordinary meaning.” See United States v. … LIMA CORPORATE 35 establishing whether a genuine issue of material fact exists” as to the § 1604(d) exceptions for biomaterials supplier immunity. 21 U.S.C. § 1605(d)(2).

97 Cal. Daily Op. Serv. 6530, 97 Daily Journal D.A.R. 10,687 Troy A. Ashmus, of Himself as an Individual and on Behalf of Himself and All Others Similarly Situated v. Arthur Calderon, Warden Teena Farmon, Warden of the Central California Women's Facility James H. Gomez, Director, California Department of Corrections Daniel E. Lungren, Attorney General

123 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

Roy v. Barshaw

310 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.

Robert G. Beard v. Stephen G. Udall

648 F.2d 1264 · Court of Appeals for the Ninth Circuit · Jun 26, 1981

SHERIFF LEE A sheriff enjoys only a qualified immunity from liability for damages under section 1983. Pierson v. Ray, 386 U.S. 547, 557 , 87 S.Ct. 1213, 1219 , 18 L.Ed.2d 288 (1967). … Since Imbler, all the courts of appeals that have considered the question have held that a prosecutor enjoys only qualified immunity for actions taken in an administrative or investigative capacity.

David Harper v. Michael Nedd

71 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.

Rounds v. Oregon State Board Of Higher Education

166 F.3d 1032 · Court of Appeals for the Ninth Circuit · Feb 23, 1999

immunity." … Some defendants also may have legislative immunity under Bogan v. Scott-Harris, 523 U.S. 44 , 118 S.Ct. 966 , 140 L.Ed.2d 79 (1998), or qualified immunity under Cohen v.

Marcus W. Rankin v. Wayne Howard and Jane Doe Howard, His Wife Joseph Alexander, Sr. And Esther Alexander, His Wife

633 F.2d 844 · Court of Appeals for the Ninth Circuit · Dec 5, 1980

Raynes, 611 F.2d 92, 95 (5th Cir. 1980) (Stump is consistent with the view that “a clearly inordinate exercise of unconferred jurisdiction by a judge-one so crass as to establish that he embarked on it either knowingly or … Even if further proceedings establish Judge Zeller’s immunity, Howard and Trauscht thus may be held liable.

Maisano v. Welcher

940 F.2d 499 · Court of Appeals for the Ninth Circuit · Jul 30, 1991

Id. 25 In order to establish an invasion of privacy, the plaintiff must have exhibited an actual, subjective expectation of privacy in the area entered. Smith v. … Sovereign and Qualified Immunity. 29 In light of our holding that the plaintiffs have failed to establish any violation of constitutional or statutory rights, we need not reach the government's claims of sovereign and qualified

Jose Didiel Munoz v. John Ashcroft, Attorney General

339 F.3d 950 · Court of Appeals for the Ninth Circuit · Aug 8, 2003

The IJ noted that in order to qualify for cancellation of removal under IIRIRA, the applicant must meet a 10-year continuous residency requirement, have good moral character, and establish that removal would result in exceptional … And to establish a well-founded fear of future persecution, the applicant must establish the fear by “credible, direct, and specific evidence.” Velarde v. INS, 140 F.3d 1305, 1310 (9th Cir.1998).

United States v. David Sainz

933 F.3d 1080 · Court of Appeals for the Ninth Circuit · Aug 12, 2019

instead addressed qualified immunity on the merits. … We addressed defendants’ qualified immunity defense on the merits and concluded they were entitled to qualified immunity. Id. at 1070.