Case law

Perfect 10 v. Ccbill LLC

Court of Appeals for the Ninth Circuit · May 30, 2007

means to incorporate the established meaning of these terms,” Rossi, 391 F.3d at 1004 n.4 (9th Cir. 2004) (quoting Neder v. … “The majority of federal circuits have interpreted the CDA to establish broad ‘federal immunity to any cause of action that would make service providers liable for information originating with a third-party user of the ser

Carman v. Fuentes

101 F. App'x 224 · Court of Appeals for the Ninth Circuit · Jun 15, 2004

“If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.” Saucier v. … Thus, we must reverse the judgment of the district court denying the Officers qualified immunity. REVERSED.

Montana v. Gilham

133 F.3d 1133 · Court of Appeals for the Ninth Circuit · Jan 13, 1998

The tribes’ status as distinct, independent political communities qualified to exercise powers of self-government arises from their original tribal sovereignty over their members rather than from any constitutional source … Iron Bear established criteria by which a Montana state district court should assess whether a suit was more appropriately heard in tribal court. Id. 512 P.2d at 1299 .

Solarcity Corp. v. Salt River Project Ai&p Dist.

Court of Appeals for the Ninth Circuit · Jun 12, 2017

But despite this similarity to qualified immunity cases, the Court reasoned that “[q]ualified immunity is not the law simply to save trouble for the Government and its employees.” Id. … It also held that state-action immunity is not an “‘entitlement’ of the same magnitude as qualified immunity or absolute immunity, but rather is more akin to a defense to the original claim.” Id.

Mario Micomonaco v. State Of 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 … district, established by one of said States or by the United States, and situated wholly or partially within the Port of New York District."

Timbisha Shoshone Tribe v. U.S. Department of the Interior

824 F.3d 807 · Court of Appeals for the Ninth Circuit · May 27, 2016

But because neither had agreed to waive sovereign immunity, they could not be joined as defendants, and thus the court found it necessary to dismiss the action. … qualify for Tribal membership under the new constitution.

Children's Health Defense v. Meta Platforms, Inc.

112 F.4th 742 · Court of Appeals for the Ninth Circuit · Aug 9, 2024

But CHD’s allegations rely on the substance of the documents and what the statements in them establish. Because those statements are “subject to varying interpretations,” they cannot qualify for judicial notice. … Section 230, by its structure and design, grants an immunized power specifically directed at censoring the speech of others. 8 Moreover, Meta’s exercise of that power is clearly coercive from the point of view of the

Rodriguez v. Lamarque

172 F. App'x 200 · Court of Appeals for the Ninth Circuit · Mar 23, 2006

However, there is no question that LaMarque is entitled to qualified immunity because Allen, Lopez, and May do not clearly establish that a deprivation of outdoor exercise for the period endured by Rodriguez, without adverse

Leisnoi, Inc. v. United States

170 F.3d 1188 · Court of Appeals for the Ninth Circuit · Mar 19, 1999

Nothing in subsection (e) qualifies those requirements. For initial jurisdiction to lie, therefore, there must be a conflict in title between the United States and the plaintiff. … are to be strictly construed in favor of immunity, see United States v.

Thorne v. City of El Segundo

726 F.2d 459 · Court of Appeals for the Ninth Circuit · Nov 21, 1983

Under these circumstances, the district court’s finding that plaintiff was not qualified for the position of police officer was clearly erroneous. 5 See Lynn v. … good-faith immunity.

United States of America Ex Rel. Norton Sound Health Corporation v. Bering Strait School District

138 F.3d 1281 · Court of Appeals for the Ninth Circuit · Mar 12, 1998

As a result, only an entity qualifying as “any State” enjoys the exemption from liability for reimbursement under the Act. The issue before us is whether the District qualifies as “any State.” III. … , as originally drafted, the exemption also included “political subdivisions” which enjoy no Eleventh Amendment immunity, see Hess v.

Alexopulos v. San Francisco Unified School District

817 F.2d 551 · Court of Appeals for the Ninth Circuit · May 15, 1987

SOVEREIGN IMMUNITY The State is immune from suits in federal court for monetary relief under section 504 of the Rehabilitation Act, Alexopulos v. … For the first time on appeal, the District appears to invoke the State’s eleventh amendment immunity. As a local governmental entity, the District may not qualify for eleventh amendment protection.

Diaz v. Brewer

656 F.3d 1008 · Court of Appeals for the Ninth Circuit · Sep 6, 2011

Ruben earns $100 too much per month to qualify for indigent health care. … It further argued that the governor was immune from suit. Plaintiffs opposed the motion and sought a preliminary injunction barring enforcement of the law.

Blatt v. Derezes

143 F. App'x 840 · Court of Appeals for the Ninth Circuit · Sep 15, 2005

Moreover, even if the police officers were mistaken in their assessment that they had lawful consent and probable cause, they were entitled to qualified immunity. See Saucier v. … Katz, 533 U.S. 194 , 202, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001) (“If the law did not put the officer on notice that his conduct would be clearly unlawful, summary judgment based on qualified immunity is appropriate.”).

Straub v. Does

63 F. App'x 309 · Court of Appeals for the Ninth Circuit · Apr 10, 2003

Moreover, the district court erred in raising the defense of qualified immunity sua sponte on behalf of the defendants. See Harlow v. Fitzgerald, 457 U.S. 800, 815 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982). … Qualified immunity is an affirmative defense that must be raised and affirmatively established by the Defendants, not the district court. Id.

Phoenix Trading, Inc. v. Loops LLC

732 F.3d 936 · Court of Appeals for the Ninth Circuit · Oct 4, 2013

If the moving party meets that burden, the responding party mush establish, by clear and convincing evidence, a likelihood of success on the merits. Id. … The statements were made in the context of a business dispute in which Loops clearly had a pecuniary interest in undoing the Amercare contract.

Kaahumanu v. County of Maui

315 F.3d 1215 · Court of Appeals for the Ninth Circuit · Jan 14, 2003

“The burden of proof in establishing absolute immunity is on the individual asserting it.” Trevino v. Gates, 23 F.3d 1480, 1482 (9th Cir.1994). … We have no occasion to address whether the doctrine of qualified immunity applies in this case, nor do we opine on the merits of plaintiffs' claims.

Gupta v. Thai Airways International, Ltd.

Court of Appeals for the Ninth Circuit · May 30, 2007

Orders dealing with foreign sovereign immunity fell within this class of collateral orders, we reasoned, because like claims of absolute or qualified immunity of a public official, foreign sovereign immunity “is an immunity … , however, are clearly unrelated, separate defenses.

Perfect 10, Inc. v. Ccbill LLC

Court of Appeals for the Ninth Circuit · Mar 28, 2007

Even if CCBill’s provision of a hyperlink is immune under § 512(n), CCBill does not receive blanket immunity for its other services. E. … “The majority of federal circuits have interpreted the CDA to establish broad ‘federal immunity to any cause of action that would make service providers liable for information originating with a third-party user of the ser

Trina Ray v. County of Los Angeles

935 F.3d 703 · Court of Appeals for the Ninth Circuit · Aug 22, 2019

Because Hess is not clearly irreconcilable with Mitchell, we reject the County’s argument. … The County argues that Hess established “indicators of immunity” that undermine the Mitchell test. We disagree.