Case law

Rahne Pistor v. Carlos Garcia

791 F.3d 1104 · Court of Appeals for the Ninth Circuit · Jun 30, 2015

That is because, “[a]s with absolute, qualified, and Eleventh Amendment immunity, tribal sovereign immunity ‘is an immunity from suit rather than a mere defense to liability; and . . . it is effectively lost if a case is … Given these established principles, the district court was incorrect to conclude that “[e]ven if [the tribal defendants] are 2 Fed. R. Civ.

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.

Del Campo v. Kennedy

517 F.3d 1070 · Court of Appeals for the Ninth Circuit · Feb 6, 2008

“Under the law of this circuit, an entity invoking Eleventh Amendment immunity bears the burden of asserting and proving those matters necessary to establish its defense.” … First, albeit in the qualified immunity context, the Supreme Court has warned that “a purely functional approach [to the private entity immunity inquiry, as used in Shands,] bristles with difficulty,” because “government

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.

Robertson v. County of Ventura

275 F. App'x 594 · Court of Appeals for the Ninth Circuit · Apr 22, 2008

Further, Kuenen’s other actions and the actions of Keller, Mayernik, Wareham, and Peterson are entitled to qualified immunity. … Mayernik, Wareham, and Peterson are also entitled to qualified immunity because there is no showing that they violated any of the Robertsons’ established rights.

Harrison v. Hickel

6 F.3d 1347 · Court of Appeals for the Ninth Circuit · Sep 23, 1993

Well established law governs ... waiver of Eleventh Amendment immunity.... … to suit, Eleventh Amendment immunity is waived).

Peter-Palican v. Government of the Northern Mariana Islands

673 F.3d 1013 · Court of Appeals for the Ninth Circuit · Mar 12, 2012

MARIANA ISLANDS 2767 On interlocutory appeal, we reversed the district court’s denial of summary judgment to Villagomez on the basis of qualified immunity. … Any right Peter-Palican had to continued employment as special assistant past that term was therefore not clearly established.

Dallin Fort v. State of Washington

41 F.4th 1141 · Court of Appeals for the Ninth Circuit · Jul 26, 2022

But, Fort contends that the motion to dismiss was improvidently granted because the scheduling of Fort’s hearing does not qualify for quasi-judicial immunity, as scheduling is an “administrative task.” … by absolute immunity.”

Smita Sanghvi Tarun Sanghvi v. City of Claremont, and Suzan Smith Paul Heid Algrid Leiga Diann Ring Karen Rosenthal Glenn D. Southard

328 F.3d 532 · Court of Appeals for the Ninth Circuit · May 5, 2003

The jury asked: “Re: Questions 1 & 2, what is meant by ‘qualified’? Who or what agency qualified [the Sanghvis] for sewer connection?” … City of Glendale, we extended this immunity to petitioning activity by a municipality and its officials. 227 F.3d 1090 , 1093-94 (9th Cir.2000).

Dietrich v. Cardella

Court of Appeals for the Ninth Circuit · Dec 1, 2008

[6] Officer Cardella argues that he is protected by qualified immunity. … Qualified immunity applies if the constitutional right was “clearly established” so that “it would be clear to a reasonable officer that his conduct was unlawful in the situa- tion he confronted.”

Julie Lelath Seguin v. Donald L. Eide, Et Ux.

645 F.2d 804 · Court of Appeals for the Ninth Circuit · Aug 28, 1981

The Supreme Court has concluded that this standard for determining liability requires that the constitutional rule be clearly established at the time the official is responsible for some action. Procunier v. … Their case was dismissed on a motion for summary judgment and we affirmed based on Hightower’s qualified immunity defense. Benson v. Hightower, 633 F.2d 869 (9th Cir. 1980). 3 .

Ernest J. Franceschi, Jr., Esq. v. Kenneth Schwartz, Commissioner of South Orange County Municipal Court

57 F.3d 828 · Court of Appeals for the Ninth Circuit · Jun 14, 1995

Schwartz was not acting in a judicial capacity or alternatively was acting clearly and completely outside the scope of his jurisdiction. … As a person performing “judge-like functions” that were not clearly outside the scope of his jurisdiction, Commissioner Schwartz is judicially immune from damage liability in this action. Ashelman v.

Columbia Steel Casting Co., Inc., an Oregon Corporation v. Portland General Electric Company, an Oregon Corporation, Columbia Steel Casting Co., Inc., an Oregon Corporation v. Portland General Electric Company, an Oregon Corporation Public Utility Commission of the State of Oregon

60 F.3d 1390 · Court of Appeals for the Ninth Circuit · Jul 20, 1995

Columbia argues that the PUC could not have immunized the PGE-PP & L agreement not to compete in Portland without clearly expressing an intent to permit a division of the City into exclusive service areas. … We stated that the utility would be entitled to state action immunity if the conduct was "clearly articulated and affirmatively expressed as state policy.

Racuya v. Department of Public Safety

9 F. App'x 776 · Court of Appeals for the Ninth Circuit · May 30, 2001

Contrary to Racuya’s contention, the district court properly determined that defendants are entitled to qualified immunity because Racuya failed to meet his burden of showing that defendants’ conduct violated a clearly established

Tobin v. Washington

327 F. App'x 747 · Court of Appeals for the Ninth Circuit · May 18, 2009

. § 1983 claim that would survive defendants’ assertion of qualified immunity. Nor did the district court err in striking certain exhibits the Tobins submitted. … Callahan, — U.S.-, 129 S.Ct. 808, 818-21 , 172 L.Ed.2d 565 (2009), we uphold the district court’s determination that any asserted due process violation was not a “clearly established” constitutional right, see id. at 816

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

60 F.3d 1390 · Court of Appeals for the Ninth Circuit · Jul 20, 1995

Columbia argues that the PUC could not have immunized the PGE-PP & L agreement not to compete in Portland without clearly expressing an intent to permit a division of the City into exclusive service areas. … We stated that the utility would be entitled to state action immunity if the conduct was “clearly articulated and affirmatively expressed as state policy.

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.

ITSI TV Productions, Inc. v. Agricultural Associations

3 F.3d 1289 · Court of Appeals for the Ninth Circuit · Aug 31, 1993

“Considerations of fairness” thus support the conclusion that the public entity ought to bear the burden of proving the facts that establish its immunity under the Eleventh Amendment. … These findings are not clearly erroneous.

H. v. Lemahieu

Court of Appeals for the Ninth Circuit · Jan 16, 2008

The Agency also argued that all of the claims in the complaint were barred by sovereign immunity. … DOE described them as “generally conform[ing] to the standards established for the education of handicapped persons in . . . the [IDEA].” Depart- ment of Education, Establishment and Title and Chapters, 45 Fed.

Nathan S. Jacobson v. Tahoe Regional Planning Agency, a Political Subdivision of the States of Nevada and California, the State of Nevada, and the County of Washoe, Melvin F. Jones, Verona M. Jones, His Wife, Leo D. Wyrsch, Cora E. Wyrsch, His Wife, Paul W. Gould, Lola E. Gould, His Wife, Joseph Trinchero, Delores G. Trinchero, His Wife, Paul Williams and Lanai Corporation, a California Corporation v. Tahoe Regional Planning Agency (t.r.p.a.), a Political Subdivision of the States of Nevada and California, California Tahoe Regional Planning Agency, the State of California, Placer County and El Dorado County, Lake Country Estates, Inc., a Corporation, and Country Club Estates, a Partnership v. Tahoe Regional Planning Agency, County of El Dorado, State of California, Layton-Tahoe Properties v. Tahoe Regional Planning Agency, State of California, State of Nevada, County of Placer, United States of America

566 F.2d 1353 · Court of Appeals for the Ninth Circuit · Jan 30, 1978

Nothing in Bivens warrants limitation to Fourth Amendment claims; its rationale clearly supports extension to cases of this sort. 56 Having found jurisdiction under § 1331, we turn now to the immunity issue. … as their state and national counterparts. 65 For parallel reasons, we also believe that these officers, as executives, might be given the same qualified immunity that the Court granted state executive officers in Scheuer