Case law
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486 F. App'x 642 · Court of Appeals for the Ninth Circuit · Oct 16, 2012
The district court properly granted summary judgment on the basis of qualified immunity on Dukes’s pepper spray decontamination claim because it would not have been clear to reasonable prison officials in defendants’ position … Callahan, 555 U.S. 223, 231 (2009) (an official is entitled to qualified immunity if the “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known” (citation
Cited 0 timesUnpublishedRonald Mendoza v. Sherman Block, Los Angeles County
27 F.3d 1357 · Court of Appeals for the Ninth Circuit · May 31, 1994
“[W]hen qualified immunity is at stake, [however], a court must first determine whether the law has been clearly established.” Romero, 931 F.2d at 628 . … Objective Reasonableness If the law governing an official’s conduct is clearly established, qualified immunity is available if a reasonable official could have believed the conduct at issue was lawful under that clearly established
Cited 232 timesPublishedDavid Picray v. Christopher Duffitt
652 F. App'x 497 · Court of Appeals for the Ninth Circuit · Jun 6, 2016
established for purposes of qualified immunity. … Under the clearly established prong of qualified immunity, “[t]he dispositive question is ‘whether the violative nature of particular conduct is clearly established.’” Mullenix v. Luna, 136 S.
Cited 0 timesUnpublishedCourt of Appeals for the Ninth Circuit · Apr 27, 2021
We reverse the denial of qualified immunity on Tobias’s Fourteenth Amendment substantive due process claim because it was not clearly established that the abusive TOBIAS V. … Defendants fail to establish their entitlement to qualified immunity is ‘beyond controversy.’”
Cited 0 timesPublishedCourt of Appeals for the Ninth Circuit · Apr 14, 2023
immunity is raised, plaintiff bears the burden of demonstrating that alleged right was clearly established). … Because Richards has not established that the alleged right in this case was clearly established at the time of her encounter with Wills, Wills is entitled to summary judgment on the basis of qualified immunity.2 2
Cited 0 timesUnpublishedAdmiral Insurance v. United States District Court for the District of Arizona
881 F.2d 1486 · Court of Appeals for the Ninth Circuit · Aug 9, 1989
Based upon established principles underlying the nature and purpose of the attorney-client privilege, we hold that the district court’s ruling is clearly incorrect and results in an unwarranted extension of the law. … The work-product rule is not a privilege but a qualified immunity protecting from discovery documents and tangible things prepared by a party or his representative in anticipation of litigation. Fed. R.Civ.P. 26(b)(3).
Cited 46 timesPublishedMichael Lacey v. Joseph Arpaio
Court of Appeals for the Ninth Circuit · Aug 29, 2012
Second, we must ask “whether the right was clearly estab- lished.” Id. A right is clearly established if “it would be clear to a reasonable officer that his conduct was unlawful in the situation he confronted.” … Only when an officer’s conduct violates a clearly established constitu- tional right—when the officer should have known he was vio- lating the Constitution—does he forfeit qualified immunity.
Cited 0 timesPublished593 F. App'x 742 · Court of Appeals for the Ninth Circuit · Feb 25, 2015
We review de novo a district court’s order denying summary judgment on the ground of qualified immunity. Rodis v. City & Cnty. of S.F., 558 F.3d 964, 968 (9th Cir. 2009). … The two-pronged qualified immunity inquiry asks (1) whether “the officer’s conduct violated a constitutional right” and (2) whether “the right was clearly established” at the time of the alleged misconduct. Alston v.
Cited 1 timesUnpublished545 F.3d 796 · Court of Appeals for the Ninth Circuit · Sep 24, 2008
He argues that the BIA erred in holding that his burglary conviction could be classified as an attempted theft offense, qualifying him as an aggravated felon under the Immigration and Nationality Act (“INA”). … The two circuits that have addressed this issue have both concluded, or suggested, that a vehicular burglary can qualify as an attempted theft offense under the INA. See United States v.
Cited 23 timesPublishedJohn Ronald Bertram v. George Deukmejian
9 F.3d 1550 · Court of Appeals for the Ninth Circuit · Nov 4, 1993
for qualified immunity purposes. … Scherer, 468 U.S. 183, 193-94 (1984) (state official retains qualified immunity if the federal constitutional right was not clearly established, even if the conduct clearly violated state statute or regulation). 5 In Turner
Cited 0 timesUnpublished403 F. App'x 236 · Court of Appeals for the Ninth Circuit · Nov 12, 2010
Hong has sued in their individual capacities are entitled to qualified immunity. … It is far from clearly established today, much less in 2004 when the university officers voted on Hong’s merits increase, that university professors have a First Amendment right to comment on faculty administrative matters
Cited 4 timesUnpublishedCason Cunningham v. Norm Kramer
Court of Appeals for the Ninth Circuit · Jun 13, 2019
Baldwin, 109 F.3d 557, 560-61 (9th Cir. 1997) (dismissal on the basis of qualified immunity). We affirm. … See Ashcroft v. al- Kidd, 563 U.S. 731, 735 (2011) (explaining two-part test for qualified immunity); Hines v.
Cited 0 timesUnpublished28 F.3d 991 · Court of Appeals for the Ninth Circuit · Jul 6, 1994
Indian affairs, clearly intended to authorize such suits. … district, established by ... the United States"); Pennsylvania v.
Cited 0 timesPublished623 F.3d 975 · Court of Appeals for the Ninth Circuit · Oct 7, 2010
Luchtel has not shown that the use of the officers’ bodies and handcuffs in the manner deployed violated a clearly established constitutional right. See Pearson, 129 S.Ct. at 815 . … A reasonable police officer could properly believe that the use of this level of force would not violate a clearly established constitutional right. See Jackson, 268 F.3d at 653 n. 5; see also Malley v.
Cited 100 timesPublishedCourt of Appeals for the Ninth Circuit · Jun 13, 2019
See Ashcroft v. al-Kidd, 563 U.S. 731, 735 (2011) (explaining two-part test for qualified immunity); Hines v. … Youseff, 914 F.3d 1218, 1229-30 (9th Cir. 2019) (existing Valley Fever cases did not clearly establish a “right to be free from heightened exposure to Valley Fever spores”).
Cited 0 timesUnpublishedJared Armstrong v. Gerard Asselin
734 F.3d 984 · Court of Appeals for the Ninth Circuit · Nov 1, 2013
Defendants moved for summary judgment based on qualified immunity. … as a whole,” was obscene, and therefore the officers were not entitled to qualified immunity.
Cited 18 timesPublishedAna Sandoval v. County of San Diego
985 F.3d 657 · Court of Appeals for the Ninth Circuit · Jan 13, 2021
Because we reversed the district court’s denial of qualified immunity based on the objective elements of clearly established law, we expressly declined to consider, for qualified immunity purposes, how the subjective elements … As the court explained, “we assess qualified immunity based on the law that was ‘clearly established at the time an action occurred,’” and at the time of the shooting in Kedra, “it was not yet clearly established whether
Cited 386 timesPublishedCourt of Appeals for the Ninth Circuit · May 6, 2009
Katz, 533 U.S. 194, outlined a two-step approach to qualified immunity. … I would affirm the district court’s denial of qualified immunity, and I respectfully dissent.
Cited 0 timesPublishedKyle Petersen v. Anthony Sims, Jr.
Court of Appeals for the Ninth Circuit · Aug 18, 2023
The district court properly dismissed Petersen’s action on the basis of qualified immunity because defendants’ conduct did not violate clearly established constitutional rights. See Pearson v. … Callahan, 555 U.S. 223, 232 (2009) (government officials are entitled to qualified immunity where there is no violation of plaintiff’s constitutional right or the right at issue was not “clearly established” at the time
Cited 0 timesUnpublishedKristeen Foote v. Nancy Berryhill
Court of Appeals for the Ninth Circuit · Jan 10, 2019
The CDIU search violated the Fourth Amendment, but the violation was not egregious because the unconstitutionality of the search was not clearly established as of February 2015, and no evidence—including footage of the … McMullen, 907 F.3d 1139, 1152–53 (9th Cir. 2018) (holding that a similar search violated the Fourth Amendment, but granting qualified immunity because it was not clearly established that the conduct was unconstitutional
Cited 0 timesUnpublished
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