Case law

Weaver v. City of Shady Cove

114 F. App'x 333 · Court of Appeals for the Ninth Circuit · Dec 1, 2004

conduct to which they object violates the First Amendment, and the Title VII “hostile environment” cases to which they cite are not analogous and do not support their claim. 1 In addition, the district court’s *334 grant of qualified … immunity to the defendant officials was appropriate since the officials violated no clearly-established rights. 2 AFFIRMED.

Johnny Lee Jackson v. Daryl Gates City of Los Angeles

975 F.2d 648 · Court of Appeals for the Ninth Circuit · Nov 27, 1992

The parties on both sides filed motions for summary judgment. 3 The district court granted summary judgment for all defendants sued in their individual capacity, including Police Chief Gates, on grounds of qualified immunity … Pri- or to trial, the district court granted qualified immunity to the individual officers and Gates on the ground that the law was not clearly established in 1986 on the issue of whether one had the right to be free from

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.

Humphries v. County of Los Angeles

547 F.3d 1117 · Court of Appeals for the Ninth Circuit · Nov 5, 2008

Qualified Immunity Having decided that the Humphries' Due Process rights under the Fourteenth Amendment were violated, we next consider whether the individual defendants are entitled to qualified immunity. … We also have no difficulty finding that Detective Wilson is entitled to qualified immunity.

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

State of Montana v. Peretti

661 F.2d 756 · Court of Appeals for the Ninth Circuit · Nov 16, 1981

The program was designed and advertised as a two-year, six-quarter course of study which would qualify the students for employment as commercial pilots and certified flight and ground instructors. … The statute clearly did not waive eleventh amendment immunity. 9 We do not reach the merits of the district court's holding that the termination of the program denied students a due process right.

Garcia v. Davis

19 F. App'x 583 · Court of Appeals for the Ninth Circuit · Sep 20, 2001

The district court correctly found that defendants are entitled to qualified immunity on Garcia’s remaining claims because the constitutional rights allegedly violated are not clearly established. See Somers v.

George P. McCartin v. Eleanor Holmes Norton, Chairperson, U. S. Equal Employment Opportunity Commission and Edward Mercado

674 F.2d 1317 · Court of Appeals for the Ninth Circuit · Apr 22, 1982

And while there must be a “strong showing” of such “abuse” for the plaintiff to prevail, Reece, supra, 455 F.2d at 242 , actions which are inconsistent with agency policy, as established by statute or regulation, can qualify … McCartin’s suit against the government for injunctive relief is therefore not barred by the doctrine of sovereign immunity.

Soranno's Gasco, Incorporated v. Morgan

874 F.2d 1310 · Court of Appeals for the Ninth Circuit · May 15, 1989

Qualified Immunity 44 The defendants assert qualified immunity as another alternative ground for affirming the district court's decision. … Government officials performing discretionary functions have qualified immunity from personal liability to the extent that "their conduct does not violate clearly established statutory or constitutional rights of which a

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

103 F.3d 1446 · Court of Appeals for the Ninth Circuit · Dec 27, 1996

by forming an intent that is not expressed forthrightly and clearly. … Rather, the state-action immunity question is one of law that turns on whether the displacement of competition with monopolies in the Portland market was “clearly articulated and affirmatively expressed as state policy,”

Deboer v. City of Olympia

183 F. App'x 671 · Court of Appeals for the Ninth Circuit · Jun 7, 2006

The contours of this constitutional rule were clearly established in Alexander v. City and County of San Francisco, 29 F.3d 1355 (9th Cir.1994). … Any conclusions the officers may have drawn as to the lawfulness of their conduct would be unreasonable and therefore would not provide a basis for qualified immunity. See Saucier v.

Armstrong v. Davis

275 F.3d 849 · Court of Appeals for the Ninth Circuit · Nov 28, 2001

F.3d at 1237 (citing LaDuke), unless those findings are clearly erroneous. … Sovereign Immunity The defendants have not raised the issue of sovereign immunity in this case. Accordingly, any defendants to whom sovereign immunity might apply have waived that affirmative defense.

United States v. Nancy Brown and Michael Kaliterna

951 F.2d 999 · Court of Appeals for the Ninth Circuit · Feb 20, 1992

In order to demonstrate qualified immunity in civil actions, the Court has required that the actions of government officials possess “objective legal reasonableness.” Harlow, 457 U.S. at 819 , 102 S.Ct. at 2738 . … law, but whether that law was clearly established at the time an action occurred.

Smith v. California Department of Corrections

95 F. App'x 907 · Court of Appeals for the Ninth Circuit · Apr 26, 2004

The district court properly determined that the defendants were entitled to qualified immunity because the evidence, viewed in the light most favorable to Smith, does not show that reasonable officials in the defendants’ … Ramirez-Palmer, 301 F.3d 1043, 1050-52 (9th Cir.2002) (concluding that officers were entitled to qualified immunity because a reasonable official could have believed that violent inmate did not pose substantial safety risk

Robert Waggy v. Spokane County Washington

Court of Appeals for the Ninth Circuit · Feb 5, 2010

However, prosecutors are entitled to only qualified immunity “when they perform investigatory or administrative functions, or are essentially functioning as police officers or detectives.” al-Kidd v. … possessed with final authority to establish that policy.”

United States v. David Mendia

731 F.2d 1412 · Court of Appeals for the Ninth Circuit · Apr 27, 1984

Witness Immunity The appellant contends, however, that testimony from Bronk could establish the existence of an arrangement to return the heroin to the appellant. … the government to grant such immunity.

Bradshaw v. Stoller

72 F. App'x 513 · Court of Appeals for the Ninth Circuit · Feb 6, 2003

A police officer is immune from § 1983 liability unless (i) “the officer’s conduct violated a constitutional right;” and (ii) “the right was clearly established,” i.e., “it would be clear to a reasonable officer that his … Bryant, 502 U.S. 224, 228 , 112 S.Ct. 534 , 116 L.Ed.2d 589 (1991) (“The qualified immunity standard gives ample room for mistaken judgments by protecting all but the plainly incompetent or those who knowingly violate the

Davidson v. Wakefield

167 F. App'x 588 · Court of Appeals for the Ninth Circuit · Jan 18, 2006

Even if the evidence is read to support Davidson’s claim that Metelski violated Davidson’s constitutional rights by testifying to the grand jury with reckless disregard for the truth, she is entitled to qualified immunity … because Davidson failed to establish the right allegedly violated here was “clearly established” at the time of the alleged violation.

Gilbrook v. City of Westminster

177 F.3d 839 · Court of Appeals for the Ninth Circuit · May 21, 1999

Servs., 144 F.3d 1218, 1219 (9th Cir.1998) (so stating as to qualified immunity). … to preclude qualified immunity.”

United States v. Dominic Alessio

528 F.2d 1079 · Court of Appeals for the Ninth Circuit · Feb 24, 1976

Clearly, the intent necessary to establish a violation of this section may be present whether or not there was an agreement between appellant and Santiago regarding particular acts Santiago had performed or would perform. … The evidence is sufficient to establish that things of value were furnished Santiago “otherwise than as provided by law for the proper discharge of official duty”. 18 U.S.C. § 201 (f).