Case law

Noble v. Adams

636 F.3d 525 · Court of Appeals for the Ninth Circuit · Aug 2, 2011

during a lockdown imposed in the aftermath of a prison riot was not “clearly established” in 2002 … Ct. 808, 821 (2009), that it was not clearly established in 2002 — nor is it established yet — precisely how, according to the Constitution, or when a prison facility housing problem inmates must return to normal operations

Mickey Fowler v. Tracy Guerin

918 F.3d 644 · Court of Appeals for the Ninth Circuit · Mar 13, 2019

Otherwise, “PERS . . . employees have no claim on the fund until they complete their term of employment and qualify for a pension.” Bowles v. Wash. Dep’t of Ret. Sys., 847 P.2d 440, 454 (Wash. 1993) (en banc). … Under Edelman and Stewart, Plaintiffs’ claims clearly do not fall within the Ex parte Young exception.

George Gilbertson v. City of Fairbanks, a Municipal Corporation

262 F.2d 734 · Court of Appeals for the Ninth Circuit · Feb 18, 1959

Fire fighting has always been considered a governmental function and municipal immunity from suit based upon negligence of the employees of the municipality while engaged in fire fighting has long been established and recognized … These cases are clearly distinguishable on their facts.

Juan Valdez v. Mark A. Rosenbaum Al Terrault Julie Latuska Bill Parker George Gore Debbie Miller Allen Cooper

302 F.3d 1039 · Court of Appeals for the Ninth Circuit · Sep 5, 2002

Valdez attempts to short-circuit this analysis by arguing that the only issue on appeal is whether the defendants are entitled to qualified immunity. … We do not reach the qualified immunity issue. B.

Pauma Band of Luiseno Mission Indians of the Pauma & Yuima Reservation v. California

813 F.3d 1155 · Court of Appeals for the Ninth Circuit · Oct 26, 2015

I also do not believe that the State of California waived sovereign immunity with respect to this claim. The 1999 Compact waives immunity as follows: Sec. 9.4. Limited Waiver of Sovereign Immunity. … The monetary damages awarded here do not qualify as injunctive, specific performance or declaratory relief.

California Aviation, Inc. v. City of Santa Monica

806 F.2d 905 · Court of Appeals for the Ninth Circuit · Dec 17, 1986

To establish that the state’s policy is clearly articulated and affirmatively expressed, the City must show that there is a state policy to displace competition and that the legislature contemplated the kind of municipal … We agree with the district court that the state legislature has gone beyond the minimum expression of state policy required to establish municipal immunity under the state action immunity doctrine. See Town of Hallie v.

Burke v. County of Alameda

352 F. App'x 216 · Court of Appeals for the Ninth Circuit · Nov 10, 2009

Bartholomew, however, is nevertheless entitled to qualified immunity. … Here, although we conclude that, on the facts alleged, David could establish a Fourth Amendment violation, we nonetheless hold that officer Bartholomew is entitled to qualified immunity.

Carver v. Lehman

558 F.3d 869 · Court of Appeals for the Ninth Circuit · Mar 3, 2009

Qualified Immunity Although unlike the current majority I conclude that Carver was deprived of a liberty interest, I would as did the original majority affirm the district court's finding of qualified immunity and therefore … Qualified immunity protects "government officials ... from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have

Greenstreet v. County of San Bernardino

41 F.3d 1306 · Court of Appeals for the Ninth Circuit · Dec 2, 1994

Deputy Hebden is thus not entitled to qualified immunity from Plaintiffs’ § 1983 action. … Because of the district court's resolution of these issues, it did not reach the question of Deputy Hebden's qualified immunity. Plaintiffs do not appeal the district court’s finding on this issue.

Romano v. Bible

169 F.3d 1182 · Court of Appeals for the Ninth Circuit · Feb 26, 1999

file a § 1983 action against state officials by signing the stipulation; (4) the statute of limitations prohibits the action; (5) the Eleventh Amendment bars the action against all defendants; and (6) both absolute and qualified … The Supreme Court has made it clear that a plaintiff can establish personal liability in a § 1983 action simply by *1186 showing that the official acted under color of state law in deprivation of a federal right.

Harvey v. Brewer

605 F.3d 1067 · Court of Appeals for the Ninth Circuit · May 27, 2010

.): Arizona’s Constitution provides: “No person who is adjudi- cated an incapacitated person shall be qualified to vote at any election, nor shall any person convicted of treason or felony, be qualified to vote at any … Section 5 of the Act “established conditions on which the former Confederate States would be readmitted to representation in Congress.” Richardson, 418 U.S. at 49.

Smith v. North Las Vegas Police Department

121 F. App'x 729 · Court of Appeals for the Ninth Circuit · Feb 9, 2005

In ruling on qualified immunity, we must consider whether, “[tjaken in the light most favorable to the party asserting the injury, [] the facts alleged show the officer’s conduct violated a constitutional right” that is clearly … established.

Kelson v. City Of Springfield

767 F.2d 651 · Court of Appeals for the Ninth Circuit · Aug 2, 1985

Qualified immunity is an affirmative defense which must be pleaded. Gomez v. Toledo, 446 U.S. 635, 640 , 100 S.Ct. 1920, 1923 , 64 L.Ed.2d 572 (1980). … The court should also permit Schiessel to file an amended answer raising the affirmative defense of qualified immunity. 27 The judgment is REVERSED and REMANDED. * Honorable Philip C.

Sportique Fashions, Inc. v. William Sullivan

597 F.2d 664 · Court of Appeals for the Ninth Circuit · Mar 21, 1979

Defendants Lawrence and Bennett, as representatives and employees of an agency of the United States, the Postal Service, have at least a qualified immunity for their acts. 3 The qualified immunity rule protects such officials … qualified, Compare Barr v.

Weber v. Department of Veterans Affairs

512 F.3d 1178 · Court of Appeals for the Ninth Circuit · Jan 15, 2008

If such a board finds that such person is not fully qualified and satisfactory, such person shall be separated from the service. A summary review board convened to review Dr. Weber’s appointment on August 2, 1999. … “Under Fausto , where a comprehensive remedial scheme exists to address agency adverse actions, and Congress has clearly indicated that no judicial review is available, an individual may not choose other federal statutory

Gilbert v. Dagrossa

756 F.2d 1455 · Court of Appeals for the Ninth Circuit · Apr 5, 1985

It is equally clear, however, that in order to bring a damage action against a federal official in his individual capacity, and thereby avoid the bar of sovereign immunity, the normal rules for establishing in personam jurisdiction … He is clearly mistaken. 12 Section 1391(e) is a venue statute.

Emily Johnson v. Scott Gibson

783 F.3d 1159 · Court of Appeals for the Ninth Circuit · Apr 21, 2015

If those who merely construct improvements on land qualify as owners, certainly those who maintain and operate improvements on land also fall within the scope of that definition. … Smothers “engaged in a wholesale reevaluation of [the court’s] remedy clause jurisprudence . . . and established a new method of analysis 10 JOHNSON V. GIBSON of claims arising under it.”

Dible v. City of Chandler

Court of Appeals for the Ninth Circuit · Jan 31, 2008

established’ to preclude qualified immunity.” … immunity because the constitutional law that he allegedly violated was not clearly established.

De Witt Long v. Sugai

91 F.4th 1331 · Court of Appeals for the Ninth Circuit · Feb 5, 2024

The district court also did not conduct a qualified immunity analysis. … If the court concludes, after conducting the Turner analysis, that the burden was not justified, our remand allows the court to conduct a qualified immunity analysis. 2.

Kelson v. City of Springfield

767 F.2d 651 · Court of Appeals for the Ninth Circuit · Aug 2, 1985

Qualified immunity is an affirmative defense which must be pleaded. Gomez v. Toledo, 446 U.S. 635, 640 , 100 S.Ct. 1920, 1923 , 64 L.Ed.2d 572 (1980). … The court should also permit Schiessel to file an amended answer raising the affirmative defense of qualified immunity. The judgment is REVERSED and REMANDED. .