Case law

Micomonaco v. Washington

45 F.3d 316 · Court of Appeals for the Ninth Circuit · Jan 18, 1995

Alaska, 823 F.2d 329, 331-32 (9th Cir.1987), that waiver of Eleventh Amendment immunity will be found only where (1) the state expressly consents, (2) a state statute or constitution so provides, or (3) Congress clearly intended … Defendant submits § 47.60.210 clearly effects a limited waiver of sovereign immunity and permits actions to be commenced only in state court.

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.

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.

Miller v. Oregon Liquor Control Commission

688 F.2d 1222 · Court of Appeals for the Ninth Circuit · Jul 7, 1982

In its decision, the Court clarified the two standards for antitrust immunity under Parker : “First, the challenged restraint must be ‘one clearly articulated and affirmatively expressed as state policy’; second, the policy … We hold that Oregon’s involvement in the beer and wine pricing system is not sufficient to establish antitrust immunity under Parker .

Seals v. Mitchell

331 F. App'x 480 · Court of Appeals for the Ninth Circuit · May 26, 2009

Further, defendants are not entitled to qualified immunity because it was clearly established at the time that “force is only justified when there is a need for force.” Blankenhorn, 485 F.3d at 481 .

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’

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.”

Marx v. Government Of Guam

866 F.2d 294 · Court of Appeals for the Ninth Circuit · Jan 24, 1989

We agree. 6 Denials of immunity claims can qualify for immediate review under Cohen. Mitchell v. Forsyth, 472 U.S. 511, 525-27 , 105 S.Ct. 2806, 2814-16 , 86 L.Ed.2d 411 (1985) (qualified immunity); Nixon v. … Neither the plurality nor the dissent in Treasure Salvors clearly indicated whether the Court would require a state asserting its sovereign immunity in an in rem action to have actual possession of the res.

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' Sec. 1983 action. 32 Given our resolution of the qualified immunity issue, we need not address Plaintiffs' second contention on appeal--that the district … 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

Recinto v. United States Department of Veterans Affairs

706 F.3d 1171 · Court of Appeals for the Ninth Circuit · Feb 7, 2013

by statute in 2009 to give a one-time payment to each qualifying service member. … —The [qualifying] service of a person . . . is hereby 16 RECINTO V . U.S.

David Duhaime v. Kenneth Ducharme

200 F.3d 597 · Court of Appeals for the Ninth Circuit · Jan 10, 2000

The State Court’s Decision Was Not Contrary To, Or An Unreasonable Application Of, Clearly Established Federal Law. … and, consistent with both the Teague and qualified immunity contexts, allows for application of existing precedent to new set of facts if differences do not change the “force with which the precedent’s underlying principle

Pit River Home & Agricultural Cooperative Ass'n v. United States

30 F.3d 1088 · Court of Appeals for the Ninth Circuit · Jul 21, 1994

Finally, the district court’s 1985 decision was not clearly erroneous and would not have worked a manifest injustice. … The district court did not clearly err by determining that the Association was not a federally recognized tribe.

98 Cal. Daily Op. Serv. 4441, 98 Daily Journal D.A.R. 6126 Donald Halvorsen, Jr. v. Lawrence Baird Jeffrey Kaer City of Portland Central City Concern Dick Endo Aaron Beedle Jeff Mitchell Joe Brown, Donald Halvorsen, Jr. v. Lawrence Baird Jeffrey Kaer City of Portland Aaron Beedle Dick Endo, and Central City Concern Jeff Mitchell Joe Brown

146 F.3d 680 · Court of Appeals for the Ninth Circuit · Jun 11, 1998

We need not resolve the question of qualified immunity, because there was a jury verdict in favor of the police. 18 B. … Cross appeal--qualified immunity. 22 The detox center and its employees raised a defense of qualified immunity, which the district court struck.

46 Fair empl.prac.cas. 1651, 41 Empl. Prac. Dec. P 36,566, 3 indiv.empl.rts.cas. 657 Deborah Lynn Thorne, Plaintiff-Appellant/cross-Appellee v. City of El Segundo, Defendants-Appellees/cross-Appellant

802 F.2d 1131 · Court of Appeals for the Ninth Circuit · Oct 20, 1986

Sec. 1983 claim against the individual defendants on grounds of qualified good faith immunity. The City of El Segundo cross-appeals the award of attorneys' fees to Thorne in the amount of $34,900. … Qualified Immunity 37 Government officials performing discretionary functions are shielded from liability for civil damages if their conduct does not violate "clearly established statutory or constitutional rights of which

USA Ex. Rel Stoner v. Santa Clara

Court of Appeals for the Ninth Circuit · Sep 7, 2007

Nor does the fact that a state may choose to indemnify the employees for any judg- 3 Of course, state employees sued under the FCA may be entitled to qualified immunity. … Any personal immunity defenses that may be avail- able to Wilcox, Fimiani, and Wong, including the defense of qualified immunity, are not before us in this stage of the proceedings where the defendants have not yet filed

Hawaii Boating Association v. Water Transportation Facilities Division

651 F.2d 661 · Court of Appeals for the Ninth Circuit · Jul 20, 1981

New Hampshire, 420 U.S. 656, 662 , 95 S.Ct. 1191, 1195 , 43 L.Ed.2d 530 (1975). 28 In any event, we hold that appellants have not established a viable privileges and immunities claim. … Therefore, Hicklin is not inconsistent with Baldwin. 32 The two cases establish a two-step process.

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 .

McGuffin v. Zanni

Court of Appeals for the Ninth Circuit · Sep 9, 2026

Here, McGuffin fails to show that his minor daughter had a clearly established parental-companionship right. McGuffin relies on Smith v. … That fact serves to 7 25-2548 “distinguish this case from clearly established law” and warrants qualified immunity on remand. See Fuhr v.

Maria Alaniz v. California Processors, Inc., Claim of Connie Barrios and Louise Lopez, Claimants-Appellants v. Contadina Foods

785 F.2d 1412 · Court of Appeals for the Ninth Circuit · Apr 1, 1986

That finding must stand as it is not clearly erroneous. See McConney, 729 F.2d at 1201. … As Lopez’ mere filing of a statement of claim in this action does not establish that she would have sought offseason work for which she was qualified but for her knowledge of the company’s discriminatory policy, the district

Cassirer v. Thyssen-Bornemisza

Court of Appeals for the Ninth Circuit · Sep 8, 2009

Robinson, 10 F.3d 492, 496-97 n.2 (7th Cir. 1993) (denial of a motion to dismiss for lack of stand- ing does not qualify as a final judgment and is not immediately appeal- able); Crymes v. … See Sarei, 550 F.3d at 828. 22 Although exhaustion is, generally, a well-established rule of interna- tional law, it may not be firmly established in all areas of international law.