Case law

Williams v. Garcia

97 F. App'x 173 · Court of Appeals for the Ninth Circuit · May 14, 2004

Katz, 533 U.S. 194 , 201, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001) (noting if no constitutional right was violated, “there is no necessity for further inquiries concerning qualified immunity”). … The record establishes that Williams’ transfer to an upper-tier cell took place during a period of heightened prison security and a temporary prison lockdown.

Rogers v. City of Kennewick

304 F. App'x 599 · Court of Appeals for the Ninth Circuit · Dec 23, 2008

The district court did not err in denying qualified immunity to the appellants. See Torres v. City of Los Angeles, 548 F.3d 1197, 1210-11 (9th Cir.2008). … Nor did the district court err in declining to instruct the jury regarding federal qualified immunity.

John Doe, M.D., by Curtis Lavery, of His Estate v. Attorney General of the United States

34 F.3d 781 · Court of Appeals for the Ninth Circuit · Aug 30, 1994

We must accept the district court’s factual findings unless they are clearly erroneous. Id. … This finding is not clearly erroneous.

Ferrin Cole v. Oroville Union High School District

228 F.3d 1092 · Court of Appeals for the Ninth Circuit · Oct 2, 2000

Whether District Officials are Entitled to Qualified Immunity 22 We now turn to the merits of the damage claims brought by Cole and Chris Niemeyer. … We disagree. 23 When government officials assert the defense of qualified immunity to an action under 42 U.S.C.

Western Watersheds Project v. Interior Board of Land Appeals

624 F.3d 983 · Court of Appeals for the Ninth Circuit · Oct 12, 2010

The Taylor Grazing Act of 1934 The Taylor Grazing Act of 1934 authorizes the Secretary of the Interior to issue federal grazing leases to qualified appli- cants. 43 U.S.C. § 315m. … In affirming the lower court’s interpretation of the license exception, we ensure that we do not enlarge Congress’ waiver of sovereign immunity beyond what it clearly intended.

In Re: Nanette Sisk

973 F.3d 945 · Court of Appeals for the Ninth Circuit · Sep 1, 2020

“[B]ecause the EAJA is a limited waiver of the government’s sovereign immunity, it must be strictly construed in favor of maintaining immunity not specifically and clearly waived.” Kreines v. … The text of the EAJA, coupled with the presumption of sovereign immunity, forecloses both arguments. First, a bankruptcy court does not clearly fall within the EAJA’s definition of “United States.”

Kimberly Associates, an Idaho Limited Partnership v. United States

261 F.3d 864 · Court of Appeals for the Ninth Circuit · Aug 17, 2001

If no qualified buyer emerges within 180 days, the Secretary “may accept the offer to prepay, or may request refinancing ... of [ ] the loan.” 42 U.S.C. § 1472 (c)(5)(A)(ii). … . § 2410 , which waives sovereign immunity for quiet title suits involving the government.

The Attorney General Of The Territory Of Guam v. United States

738 F.2d 1017 · Court of Appeals for the Ninth Circuit · Jul 24, 1984

V 1981)), which declared Guam a territory and established its government. The Organic Act incorporated specifically, as part of a bill of rights, the privileges and immunities clause of the Constitution, 48 U.S.C. … It is not a claim on behalf of those who have previously qualified to vote in a state election.

Ronald Heller v. Craig Bushey

759 F.2d 1371 · Court of Appeals for the Ninth Circuit · May 1, 1985

of “all the surrounding circumstances,” we believe the jurors could have considered Officer Bushey’s compliance with the policy as an indication of either the reasonableness of Bushey’s use of force or the existence of immunity … All government officials enjoy a qualified, good faith immunity from liability under sec *1374 tion 1983 if their conduct does not violate “clearly established statutory or constitutional rights of which a reasonable person

Cooper v. County of Los Angeles

26 F. App'x 698 · Court of Appeals for the Ninth Circuit · Jan 10, 2002

However, a local government, as opposed to an individual government officer, can assert neither absolute nor qualified immunity as a defense to a § 1983 suit. Branch v. … Tunnell, 14 F.3d 449, 456 (9th Cir.1994) (“Municipalities — unlike individuals sued under § 1983 — do not have immunity (either absolute or qualified) from suit.”).

Cassirer v. Kingdom of Spain

616 F.3d 1019 · Court of Appeals for the Ninth Circuit · Aug 12, 2010

“The language and history of the FSIA clearly establish that the Act was not intended to affect the substantive law determining the liability of a foreign state or instrumentality ....” First Nat’l City Bank v. … (internal quotation marks omitted)); Weltover, 504 U.S. at 610 , 112 S.Ct. 2160 (noting that the FSIA “establishes a comprehensive framework”); Mesa v.

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.

Saulsberry v. Arpaio

41 F. App'x 953 · Court of Appeals for the Ninth Circuit · Jul 24, 2002

This finding is not clearly erroneous, and there was therefore no “search or seizure” under the Fourth Amendment. See United States v. Attson, 900 F.2d 1427, 1431 (9th Cir.1990). … Because there was no Fourth Amendment violation, we need not decide whether the officers were entitled to qualified immunity. AFFIRMED.

Richard Bergquist, Husband/guardian Ad Litem Susan Nagoda Bergquist, Wife/guardian Ad Litem A. Taara Bergquist N. Torbin Bergquist v. County of Cochise, David Joshua Bossak, Jesse Vaughn Brazel, Jr., Mary Margaret Brazel, Robert J. Eyman and Karen Eyman, David Kunz, Travis Brotherton Kuykendall & Daniel O'brien, Richard Bergquist, Husband/guardian Ad Litem Susan Nagoda Bergquist, Wife/guardian Ad Litem A. Taara Bergquist N. Torbin Bergquist v. Cochise County, David Joshua Bossak, Jesse Vaughn Brazel, Jr., Mary Margaret Brazel, Larry Albert Dever, Nancy Jean Dever, Bert A. Goodman, Frances D. Goodman, Paul Robert Gruen, David Lloyd Jark, Victoria S. Jark, David Lynn Jones, Jimmy Vance Judd, Edna R. Judd, Dale Lehman, Mary Louise Lehman, Ruben Leon, Sylvia Sue Leon, Kenneth Allen Shutley, Susan G. Shutley, Raymond Russel Thatcher, Albert James Tomlinson, Cheryl Diane Tomlinson, William Arthur Townsend, Richard Bergquist, Husband/guardian Ad Litem Susan Nagoda Bergquist, Wife/guardian Ad Litem A. Taara Bergquist N. Torbin Bergquist v. Cochise County, and Robert J. Eyman and Karen Eyman, David Kunz, Travis Brotherton Kuykendall and Daniel O'Brien

806 F.2d 1364 · Court of Appeals for the Ninth Circuit · Dec 23, 1986

Leon, 468 U.S. 897 , 104 S.Ct. 3405 , 82 L.Ed.2d 677 (1984) also defines the qualified immunity available in a Sec. 1983 damages action. Briggs, 106 S.Ct. at 1098 . … that the qualified immunity from damage suits is no broader than the good faith exception to the exclusionary rule.

Compania Mexicana de Aviacion, S.A. v. United States District Court for the Central District of California

859 F.2d 1354 · Court of Appeals for the Ninth Circuit · Oct 17, 1988

A denial of a motion to dismiss based on a claim of absolute or qualified immunity of a public official is an appeal-able interlocutory order to the extent that it turns on an issue of law. Mitchell v. … “The considerations that argue for allowing the denial of a public official’s qualified immunity to be appealed immediately apply a fortiori to the denial of a foreign government’s claim of immunity.”

Council of Insurance v. Molasky-Arman

Court of Appeals for the Ninth Circuit · Apr 9, 2008

Here, the plaintiffs bear the burden of establishing standing’s three constitutional requirements. Lujan, 504 U.S. at 561. … Sec- ond, they must establish “a causal connection between the injury and the conduct complained of.” Id.

Jachetta v. United States

653 F.3d 898 · Court of Appeals for the Ninth Circuit · Aug 1, 2011

[3] By contrast, Count 3 alleges a cause of action for nui- sance, which clearly is a state law tort. … UNITED STATES 9845 aid is not sufficient to establish consent on the part of the State to be sued in the federal courts.”). 6.

Erin Rayne Olsen, a Minor by Patty Sheldon, Maternal Grandmother and Guardian Ad Litem v. Government of Mexico, Ursula Baines Sanchez, by and Through Her Guardians Ad Litem Joseph J. Cernie and Sally Z. Cernie v. The Republic of Mexico, a Foreign Government

729 F.2d 641 · Court of Appeals for the Ninth Circuit · Jul 16, 1984

The foreign state would thus be able to establish immunity and diminish the rights of injured persons seeking recovery. … Because decisions at the planning level establish governmental policy, they are not actionable.

Jamgotchian v. McInerny

28 F. App'x 637 · Court of Appeals for the Ninth Circuit · Dec 19, 2001

Under that rule, the plaintiff must establish “good cause” for leave to amend. … The issue of whether Beerling might be entitled to qualified immunity was not addressed by the district court and is irrelevant in light of our disposition of this appeal. .

47 Fair empl.prac.cas. 163, 44 Empl. Prac. Dec. P 37,367 Frank Atonio, Eugene Baclig, Randy Del Fierro, Clarke Kido, Lester Kuramoto, Alan Lew, Curtis Lew, Robert Morris, Joaquin Arruiza, Barbara Viernes, as Administratrix of the Estate of Gene Allen Viernes, and All Others Similarly Situated v. Wards Cove Packing Company, Inc., Castle & Cooke, Inc., and Columbia Wards Fisheries

827 F.2d 439 · Court of Appeals for the Ninth Circuit · Sep 2, 1987

However, defendants have established that the relatives hired in at-issue jobs were highly qualified for the positions in which they were hired and were chosen because of their qualifications." … As we said in Wang, 694 F.2d at 1148 , "[h]e cannot be required to prove that he qualified for promotions under a system he alleges to be discriminatory unless the legitimacy of the system is first established."