Case law

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.

Maria Adame v. City of Surprise

37 F.4th 656 · Court of Appeals for the Ninth Circuit · Jun 14, 2022

And other courts have suggested, without clearly stating, that section 12-820.05(B) confers immunity from suit. See Larson v. … . §§ 12-820.01 (Absolute Immunity), and 12- 820.02 (Qualified Immunity), with § 12-820.03 (Affirmative Defense; Resolution by Trial).

Pollard v. the GEO Group, Inc.

629 F.3d 843 · Court of Appeals for the Ninth Circuit · Dec 10, 2010

At slip op. 8191, 607 F.3d at 611, in the last textual sen- tence before the Conclusion, the phrase <are not entitled to qualified immunity> is amended to read: <may not be entitled to qualified immunity> The amended opinion … We need not decide the issue of qualified immunity here.

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.”

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. .

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.

Gregory v. County of Sacramento

168 F. App'x 189 · Court of Appeals for the Ninth Circuit · Feb 17, 2006

The other individual defendants were granted qualified immunity with respect to the search. Triable issues precluded summary judgment on the other claims. … “A district court abuses its discretion when it awards fees based on an inaccurate view of the law or a clearly erroneous finding of fact.” Benton v. Or.

James Steinle v. City and County of S.F.

919 F.3d 1154 · Court of Appeals for the Ninth Circuit · Mar 25, 2019

Plaintiffs’ arguments ignore well-established rules of statutory interpretation. … The statutory text at issue clearly does not include release-date information.

Tresona Multimedia, LLC v. Burbank High Vocal Music

953 F.3d 638 · Court of Appeals for the Ninth Circuit · Mar 24, 2020

FAIR USE We affirm the district court’s grant of summary judgment against Tresóna on its claim of infringement of “Magic,” but not on the ground of qualified immunity. … Indeed, even in its qualified immunity ruling, the district court analyzed fair use to the extent that it found that it was reasonable for Carroll to believe that his use was noninfringing.

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.

Bertil Sagermark, Francisca Walters Mazariegos v. Immigration and Naturalization Service

767 F.2d 645 · Court of Appeals for the Ninth Circuit · Aug 1, 1985

Because the granting of asylum to those who qualify as “refugees” under the “well-founded fear” test is still discretionary, see § 1158(a) and INS v. … He has not provided adequate evidentiary support for this theory nor would the truth of such an allegation establish persecution given that his suits were dismissed prior to the enactment of the immunity law.

Wallis v. Spencer

193 F.3d 1054 · Court of Appeals for the Ninth Circuit · Sep 14, 1999

immunity, and that this personal immunity was transferrable to the City itself: "[C]onsequently the city [is] entitled to qualified immunity for their actions in regards to all S 1983 actions alleged by plaintiff." … The court went on to say, however, that the second two officers were entitled to qualified immunity, because it was objectively reasonable for them to believe that they were authorized to rely on the clear and unambiguous

Russell v. Hug

275 F.3d 812 · Court of Appeals for the Ninth Circuit · Jan 4, 2002

Russell qualified under this provision. . Russell does not argue on appeal that it was error for the district court to deny leave to amend. . … Congress in drafting the CJA clearly understood "plans” and "rules” to mean different things, and used the terms accordingly.

John R. Gasho, Sr. Sharon L. Gasho v. United States of America Northrop Worldwide Aircraft Services, Inc., an Oklahoma Corporation, John R. Gasho, Sr. Sharon L. Gasho Millardair, Ltd., a Canadian Corporation v. William L. Ball Roger Mannhalter John J. Howe, Jr.

39 F.3d 1420 · Court of Appeals for the Ninth Circuit · Nov 2, 1994

B. 83 The defendants argue that they are entitled to qualified immunity from damages caused by the arrests. We review qualified immunity de novo. Baker v. … The plaintiff first must show that the constitutional right is clearly established. Elder, 975 F.2d at 1392 .

Carter v. Lehman

256 F. App'x 113 · Court of Appeals for the Ninth Circuit · Nov 26, 2007

established law. … See Sorrels, 290 F.3d at 970-71 (discussing qualified immunity defense requirements); see also In re Liptrap, 127 Wash.App. 463 , 111 P.3d 1227 (2005). Accordingly, the district court properly granted summary judgment.

Susan Holz v. Nenana City Public School District Terry Bentley Joanne Romero Endil Moore

347 F.3d 1176 · Court of Appeals for the Ninth Circuit · Oct 30, 2003

William Black, the classroom teacher, believed that Holz was the best qualified applicant. But the classroom aide position went to Debbie Moore, the wife of the School Board President and a non-Native. … immunity.

Burrell v. McIlroy

Court of Appeals for the Ninth Circuit · Sep 19, 2006

Moreover, even if Rule 41 were appli- cable to the search, at the time of the search the failure to serve a warrant at the outset of a search was not a clearly established violation of the constitution. … con- sideration by the district court of qualified immunity in the first instance.

Avalos v. Baca

596 F.3d 583 · Court of Appeals for the Ninth Circuit · Feb 24, 2010

Katz, 533 U.S. 194 , 201, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001) (holding that “[i]f the law did not put the officer on notice that his conduct would be clearly unlawful, summary judgment based on qualified immunity is appropriate … Callahan, — U.S.— , 129 S.Ct. 808, 816 , 172 L.Ed.2d 565 (2009) (noting that if the plaintiff establishes a violation of a constitutional right, “the court must decide whether the right at issue was ‘clearly established’

William Burgan v. Alexander Nixon

711 F. App'x 855 · Court of Appeals for the Ninth Circuit · Oct 20, 2017

For qualified-immunity purposes, “[t]he dispositive question is ‘whether the viola-tive nature of particular conduct is clearly established.’ ” Id. … But even well-pleaded allegations of bad faith do not automatically defeat qualified immunity; rather, the immunity analysis asks whether the defendant’s conduct violates clearly established rights of which- a reasonable