Case law

Hilda Abrams v. Carla A. Hills, as Secretary of the United States Department of Housing and Urban Development

547 F.2d 1062 · Court of Appeals for the Ninth Circuit · Dec 1, 1976

The present ease falls squarely within the ultra vires exception to sovereign immunity, and State of Washington v. … It therefore quite clearly appears that Congress did not intend that P.L. No. 94-378 should forestall such relief as was here ordered by the District Court. AFFIRMED. 1 .

Hawaii Boating Ass'n v. Water Transportation Facilities Division

651 F.2d 661 · Court of Appeals for the Ninth Circuit · Jul 20, 1981

The district court was clearly correct in concluding that no suspect classification was involved. … In any event, we hold that appellants have not established a viable privileges and immunities claim.

Sean Hoard v. J. Hartman

904 F.3d 780 · Court of Appeals for the Ninth Circuit · Sep 13, 2018

The district court denied Defendants’ motion for summary judgment and qualified immunity on the remaining excessive force and deliberate indifference claims. 6 The district court set the case for trial and appointed … Just as a district court commits plain error “when its jury instructions fail to incorporate an element of the crime that has been clearly established by Ninth Circuit precedent,” United States v.

Bull v. City and County of San Francisco

Court of Appeals for the Ninth Circuit · Feb 9, 2010

whether or not the right was clearly established at the time of the violation.” … III In a qualified immunity analysis, we must also consider whether the constitutional right violated by Defendants was clearly established at the time of the search. See Pearson v. Callahan, 129 S.

R. W. v. Columbia Basin College

Court of Appeals for the Ninth Circuit · Aug 14, 2023

The officials appealed the denial of qualified immunity, and we reversed, holding that they were entitled to qualified immunity because the constitutional right at issue in R.W.’s case was not clearly established at the time … In March 2021, we reversed the district court’s decision, holding that the officials were entitled to qualified immunity because the constitutional right at issue was not clearly established at the time of the violation.

Peacock v. Board Of Regents

597 F.2d 163 · Court of Appeals for the Ninth Circuit · Apr 2, 1979

To establish liability and entitlement to damages in light of the regents' qualified immunity, plaintiff was required to prove that one or more board members acted with such impermissible motivation or disregard of appellant's … clearly established constitutional rights as to have acted not in good faith.

Gonzalez v. City of Santa Monica

83 F. App'x 215 · Court of Appeals for the Ninth Circuit · Dec 15, 2003

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.

United States v. Anthony Pisarski

Court of Appeals for the Ninth Circuit · Jul 10, 2020

In other words, the exemptions in California medical marijuana law did not apply to criminal defendants who failed to establish that the members of the collective were either qualified patients or primary caregivers. … The MMPA “protections cannot apply” to a criminal defendant who has not established that the “proffered” members of the collective are “qualified patients” or “primary caregiver[s].” 5 The possibility of compliance

Clipper Exxpress v. Rocky Mountain Motor Tariff Bureau, Inc.

690 F.2d 1240 · Court of Appeals for the Ninth Circuit · Apr 19, 1982

Defendants’ contention that Clipper’s papers are insufficient to qualify as a 59(e) motion is without merit. B. … Such a showing would merely establish that defendant’s conduct was subject to the antitrust laws. “[T]he absence of an immunity does not itself establish an antitrust offense.

United States v. Dederich

825 F.2d 1317 · Court of Appeals for the Ninth Circuit · Aug 19, 1987

’ promise of transactional immunity. … The Supreme Court has permitted a narrow exception to the final judgment rule which allows interlocutory appeals from denials of qualified or absolute immunity to government officials. E.g., Mitchell v.

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.

Kay v. Tolbert

56 F. App'x 791 · Court of Appeals for the Ninth Circuit · Feb 13, 2003

The individual defendants are entitled to qualified immunity on plaintiffs substantive due process claim, as the alleged right wasn’t clearly established at the time of her termination. See Lum v.

Harris v. Wittman

590 F.3d 730 · Court of Appeals for the Ninth Circuit · Dec 21, 2009

for derived quasi-judicial immunity. … Thus, all of the appellees are entitled to derived quasijudicial immunity. AFFIRMED. 1 . The record does not establish whether Swain actually paid Mrs. Harris. 2 .

Mason v. Univ.

265 F. App'x 585 · Court of Appeals for the Ninth Circuit · Jan 25, 2008

After the case was removed to federal district court, the district court granted summary judgment for the Appellees based on the doctrines of issue preclusion and qualified immunity. … On appeal, we reversed the district court’s application of issue preclusion, but affirmed with respect to its analysis of qualified immunity. See Dias, 436 F.3d at 1133 .

Lorrie's Travel & Tours, Inc. v. Sfo Airporter, Inc.

753 F.2d 790 · Court of Appeals for the Ninth Circuit · Feb 15, 1985

To establish that the state's policy is clearly articulated and affirmatively expressed, the Airporter must show that there is a state policy to displace competition and that the legislature contemplated the kind of municipal … (emphasis added) Cal.Pub.Util.Code Sec. 21690.8 4 We also reject Lorrie's contention that the City must show active state supervision of the City's regulation of ground transportation to qualify for the state action immunity

Wildman v. United States

827 F.2d 1306 · Court of Appeals for the Ninth Circuit · Sep 14, 1987

We do not find that the qualified waiver of sovereign immunity made by the Quiet Title Act permits acceptance of Calzona’s contentions. … Nothing in the statute or its history suggests that the United States was to be put to the burden of establishing its title when it has a colorable claim and has chosen to assert its immunity on behalf of land of which the

Trevino ex rel. Cruz v. Gates

23 F.3d 1480 · Court of Appeals for the Ninth Circuit · May 31, 1994

The burden of proof in establishing absolute immunity is on the individual asserting it. “[Ojfficials seeking absolute immunity must show that such immunity is justified for the governmental function at issue.” Hafer v. … We do not address the question whether the council members may be entitled to qualified immunity.

Treasure Valley Potato Bargaining Ass'n v. Ore-Ida Foods, Inc.

497 F.2d 203 · Court of Appeals for the Ninth Circuit · Apr 11, 1974

The plaintiffs have established neither of these elements. … was insufficient to establish a reasonable basis for determining damages.

Charley's Taxi Radio Dispatch Corp. v. Sida of Hawaii, Inc.

810 F.2d 869 · Court of Appeals for the Ninth Circuit · Feb 12, 1987

The requirement of specific authorization that we impose on cities to qualify for Parker immunity is not appropriate for the executive branch of the state government. … The Eleventh Amendment may be described as either creating an immunity for states or establishing a jurisdictional limitation on federal courts. See Pennhurst State School & Hosp. v.

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).