Case law

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.

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

Mier v. Owens

57 F.3d 747 · Court of Appeals for the Ninth Circuit · Jun 9, 1995

Bledsoe and Lutz establish that, in some circumstances, personnel actions are not integrally related to the military’s structure. … Mier adds: Specifically, ... within the procedure for promotions, a high degree of subjectivity exists regarding the final selection as to who is chosen from those recommended as qualified.

96 Cal. Daily Op. Serv. 8373, 96 Daily Journal D.A.R. 13,963 State of Alaska Ex Rel. Yukon Flats School District, Unalakleet/neeser Construction Jv, Unalakleet Native Corporation, Neeser Construction Company, and Gerald Neeser v. Native Village of Venetie Tribal Government, A/K/A the Native Village of Venetie, the Venetie Tax Court, the Venetie Tax Commission, Gideon James, Lawrence Roberts, Larry Williams, Ernest Erick, Lincoln Tritt, John Titus, and David Case

101 F.3d 1286 · Court of Appeals for the Ninth Circuit · Nov 20, 1996

Accordingly, we conclude that land set aside for such corporations qualifies as land set aside for Alaska Natives, as such. 42 The district court determined that the corporate model of Native land ownership established under … The district court's factual findings are not clearly erroneous, and we accept them without objection.

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.

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.

Goldstein v. Paugh

269 F. App'x 697 · Court of Appeals for the Ninth Circuit · Mar 11, 2008

The district court properly determined that Officers Paugh and Raggio were entitled to qualified immunity because, viewed in the light most favorable to Goldstein, the facts alleged do not establish how the officers delayed … immunity standard).

Kilgore v. Mitchell

623 F.2d 631 · Court of Appeals for the Ninth Circuit · Jul 22, 1980

If the requisites of the statutory good faith defense are met, then the standard for qualified immunity 1 as a defense to Fourth Amendment violations is also satisfied. Id.; Zweibon v. Mitchell, 516 F.2d 594, 671 (D.C. … Due to the difficulty of making such a distinction and because we find qualified immunity established in this case, we decline the invitation to reach the issue of absolute immunity.

William McKinney v. Pat Anderson, Carol Ployer, H.L. Whitley, George W. Sumner, John Nye

959 F.2d 853 · Court of Appeals for the Ninth Circuit · Mar 27, 1992

Although we held that McKinney had stated a cause of action for injunc-tive relief, we found that he was not entitled to damages on that cause of action because the defendants were entitled to qualified immunity as a matter … The Court’s establishment in Seiter of a subjective component for an Eighth Amendment claim does not vitiate our determination of what satisfies the objective component.

Anderson v. Boyd

714 F.2d 906 · Court of Appeals for the Ninth Circuit · Aug 30, 1983

Cogswell and Boyd argue that these allegations nevertheless fail to state a redressable claim because the pretrial order established that at all times relevant to the dispute they were acting within the course and scope of … While Cogswell and Boyd may claim absolute immunity for those actions relating to their responsibility to determine whether to revoke parole, their immunity for conduct arising from their duty to supervise parolees is qualified

Lawyers for Fair Reciprocal Admission v. USA

141 F.4th 1056 · Court of Appeals for the Ninth Circuit · Jun 20, 2025

Fifth, the Admission Rules do not violate the Full Faith and Credit Act because admission to one state’s bar does not establish that any attorney is qualified to practice in any other state. … Admission to one state’s bar does not establish that any attorney is qualified to practice in any other state.

Gerritsen 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. … Sec. 1983 --a civil rights statute requiring state action--even the District of Columbia does not qualify as a state. District of Columbia v.

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 .

United States v. Francisco Javier Alvarez, A.K.A. Frank Javier Alvarez, United States of America v. Richard Valenzuela

358 F.3d 1194 · Court of Appeals for the Ninth Circuit · Feb 25, 2004

Hernandez-Escarsega, 886 F.2d 1560, 1566 (9th Cir.1989) (“Although the reliability of several of [the] confidential sources was not clearly established, the detailed nature of many of their statements and the interlocking … Strifler clearly established that Alvarez was entitled to an in camera review of the probation files of critical co-conspirator witnesses, and that the district court should have released all material therein that bore on

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.

Lydia Marquez v. City of Phoenix

Court of Appeals for the Ninth Circuit · Oct 4, 2012

immunity because any violation of the Fourth Amendment was not clearly established at the time of the incident. … The officers were entitled to qualified immunity. See Mattos v. Agarano, 661 F.3d 433, 452 (9th Cir. 2011) (en banc). The state law claims of excessive force, however, should have gone to the jury.

West v. MultiBanco Comermex

807 F.2d 820 · Court of Appeals for the Ninth Circuit · Jan 6, 1987

(Banamex), 739 F.2d 1458 (9th Cir.1984), cert. denied 469 U.S. 1108 , 105 S.Ct. 784 , 83 L.Ed.2d 778 (1985), we held that “the sale of the certificate of deposit by Banamex to Wolf was clearly ‘a commercial activity carried … Thus, we need not reach the issue whether each claim must qualify independently under a statutory exception to FSIA or whether if one claim qualifies, jurisdiction exists over related claims as well. Cf.

Jacob W. Beentjes v. Placer County Air Pollution Control District

397 F.3d 775 · Court of Appeals for the Ninth Circuit · Feb 4, 2005

As noted above, the District moved for summary judgment on the ground that it was an arm of the state that qualified for Eleventh Amendment sovereign immunity. The court denied the motion. … Although this third factor of the Mitchell test is not dispositive, it clearly favors a finding that the District is not an arm of the state. D.

Clouthier v. County of Contra Costa

Court of Appeals for the Ninth Circuit · Jan 14, 2010

In considering a claim of qualified immunity, the court must determine “whether the facts that a plaintiff has alleged . . . make out a violation of a constitutional right,” and “whether the right at issue was ‘clearly established … Further, the Clouthiers argue that Robert Clouthier’s rights in this context were clearly established, so the individual defen- dants were not entitled to summary judgment on the ground of qualified immunity.

Marx v. Government of Guam

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

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 Sal-vors 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.