Case law
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Virginia Mason Hospital v. Washington State Nurses Ass'n
511 F.3d 908 · Court of Appeals for the Ninth Circuit · Dec 21, 2007
There is also a clearly established public policy requiring employers to bargain with their union-represented employees over conditions of employment, and this comes into high relief where, as here, employment can be terminated … See Wellman, 146 F.3d at 674 (stating that where the district court’s finding of good faith is not clearly erroneous, a denial of attorneys’ fees is reviewed for abuse of discretion). AFFIRMED. 1 .
Cited 20 timesPublishedRobert E. Rutherford v. United States
365 F.2d 353 · Court of Appeals for the Ninth Circuit · Aug 11, 1966
. § 15a), does not qualify as a “proceeding, suit, or prosecution” within the meaning of the immunity statute, and that his refusal to testify in this case was therefore justified. … Specifically.it is argued that the proof required to establish violations of the False Claims Act is materially and substantially different from the proof necessary to establish antitrust violations, and that the scope and
Cited 5 timesPublished25 F. App'x 582 · Court of Appeals for the Ninth Circuit · Dec 26, 2001
We evaluate a defense of qualified immunity in excessive force claims under the two-step framework established in Saucier v. Katz, 533 U.S. 194 , 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001). … See Katz, 121 S.Ct. at 2158 (“If the officer’s mistake as to what the law requires is reasonable ... the officer is entitled to the immunity defense.”).
Cited 3 timesPublishedGerritsen v. De La Madrid Hurtado
819 F.2d 1511 · Court of Appeals for the Ninth Circuit · Jun 18, 1987
Because decisions at the planning level establish governmental policy, they are not actionable. … . § 1983 — a civil rights statute requiring state action — even the District of Columbia does not qualify as a state. District of Columbia v.
Cited 60 timesPublishedUnited National Maintenance, Inc. v. San Diego Convention Center, Inc.
766 F.3d 1002 · Court of Appeals for the Ninth Circuit · Aug 15, 2014
The Supreme Court has articulated a two-part test to determine whether non-state actors are entitled to this immunity: “First, the challenged restraint must be one clearly articulated and affirmatively expressed as state … Only the latter qualifies for immunity.
Cited 38 timesPublished391 F.3d 1011 · Court of Appeals for the Ninth Circuit · Dec 8, 2004
BC Hydro undoubtedly cooperated with PowerEx to establish PowerEx’s credit risk policies and to provide Powe-rEx with administrative and other support for its operations. … PowerEx also argues that it qualifies under the FSIA because it is owned by the Province of British Columbia. Powe-rEx concedes, however, that its shares are owned by BC Hydro.
Vacated by Powerex Corp. v. Reliant Energy Services, Inc., 551 U.S. 224 (2007)Cited 15 timesPublished676 F.2d 1252 · Court of Appeals for the Ninth Circuit · May 10, 1982
As discussed above, the underrepresentation of Native Americans on the jury venire, along with the fact that the prospective juror’s race was clearly designated on the returned questionnaires, was insufficient to establish … immunities secured by the Constitution.
Cited 130 timesPublishedRobert 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.”
Cited 0 timesPublishedRobert Draper v. Davis S. Coombs
792 F.2d 915 · Court of Appeals for the Ninth Circuit · Jun 24, 1986
Moreover, the state troopers enjoy immunity from a § 1983 action "insofar as their conduct does not violate clearly established ... constitutional rights of which a reasonable person would have known." Harlow v. … State officials enjoy a qualified immunity for all conduct in their official capacity.
Cited 498 timesPublished167 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.
Cited 0 timesPublished565 F.3d 1126 · Court of Appeals for the Ninth Circuit · May 11, 2009
Stearns) (“I want the Congressional Record to clearly reflect some specific examples of the type of predatory lawsuits this bill will immediately stop[:] ... [An] exam-pie is the case of Ileto v. … We acknowledged that the grant of immunity arguably did deprive the plaintiffs of a protected property interest.
Cited 98 timesPublishedFreitag v. California Department of Corrections
289 F. App'x 146 · Court of Appeals for the Ninth Circuit · Apr 11, 2008
We do note with approval, however, the district court's rejection of Defendants’ qualified immunity defense. … Freitag’s First Amendment right to contact the director of the CDC, a state senator, and the Inspector General as a concerned citizen were clearly established during the relevant time period, and Defendants could not have
Cited 0 timesPublished960 F.2d 1425 · Court of Appeals for the Ninth Circuit · Apr 28, 1992
Qualified Immunity 35 As a general rule, an official is entitled to qualified immunity if his conduct "does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. … Because the impropriety of the defendants' conduct was not clearly established before this case, the defendants are entitled to qualified immunity. 40 E.
Cited 0 timesPublished900 F.3d 1085 · Court of Appeals for the Ninth Circuit · Aug 17, 2018
WINN SUMMARY * Civil Rights / Qualified Immunity The panel reversed the district court’s summary judgment in favor of Detective Marcella Winn on qualified immunity grounds in … Clearly Established Law We next must decide whether it was clearly established, in 1997, that police officers had a duty to disclose material impeachment evidence to prosecutors.
Cited 31 timesPublishedCourt of Appeals for the Ninth Circuit · Dec 24, 2019
“Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Kisela v. Hughes, 138 S. … The Supreme Court has commented that, when a particular right has been defined at the appropriate level of specificity and that right is clearly established, qualified immunity “protects ‘all but the plainly incompetent
Cited 0 timesUnpublishedLori Beltran v. Santa Clara County
491 F.3d 1097 · Court of Appeals for the Ninth Circuit · Jun 25, 2007
"[B]eyond those functions historically recognized as absolutely immune at common 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 functions historically recognized as absolutely immune at common law, qualified and only qualified immunity exists." Id. at 897 .
Cited 0 timesPublished657 F.2d 1009 · Court of Appeals for the Ninth Circuit · Sep 10, 1981
Some courts have expressed doubts on the ability of Indian tribes to waive immunity, 10 but the Supreme Court has expressed clearly its position. In Turner v. … Sohappy was an action by individual Yakima tribal members to establish their fishing rights.
Cited 125 timesPublishedMiller v. Clark County School District
182 F. App'x 673 · Court of Appeals for the Ninth Circuit · May 18, 2006
Fraser, Goldman and Hoffman contend that qualified immunity should be conferred because the Pickering balancing test is implicated. Pickering v. Bd. of Educ. of Township High Sch. … immunity.
Cited 0 timesPublishedCourt of Appeals for the Ninth Circuit · Jun 9, 2008
The Order Does Not Deprive Petitioners of Their Qualified Immunity Defense [9] Petitioners argue that the order denies them the benefit of their qualified immunity defense. … ’ trial strategy, forecloses the benefits of their immunity defense.
Cited 0 timesPublished905 F.2d 302 · Court of Appeals for the Ninth Circuit · Jun 11, 1990
Section 37005 establishes workers’ compensation as the exclusive remedy available to an injured employee from his employer for work-related injuries, “provided that, if an employer fails to secure payment of compensation … Inevitably, such a rule would create gaps in workers’ compensation coverage — a result Congress clearly wanted to avoid. 467 U.S. at 938 , 104 S.Ct. at 2835 . 9 .
Cited 3 timesPublished
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