Case law

Henry v. Shah

Court of Appeals for the Ninth Circuit · Jan 20, 2026

At the second step of the qualified immunity analysis, we assume Defendants violated Henry’s First Amendment right and ask whether that right was clearly established at the time of the violation. Id. at 1147. … established’ to preclude qualified immunity.” 147 F.3d at 847.

John Doe v. Regents of the University

891 F.3d 1147 · Court of Appeals for the Ninth Circuit · Jun 6, 2018

First, the court ruled that the § 1983 claim against Perkin in her official capacity did not run afoul of the Eleventh Amendment, nor was Perkin entitled to qualified or quasi-judicial immunity. … A party must exhaust judicial remedies by filing a § 1094.5 petition, the exclusive and “established process for judicial review” of an agency decision. Id. at 880 (citing Westlake Cmty. Hosp. v.

Bv Engineering v. University of California, Los Angeles

858 F.2d 1394 · Court of Appeals for the Ninth Circuit · Oct 3, 1988

IV We may find a waiver of eleventh amendment immunity only “where (1) the state expressly consents; (2) a state statute or constitution so provides; or (3) Congress clearly intended to condition the state’s participation … See Richard Anderson Photography, at 120-22 (reaching the same conclusion). y A It is well established that Congress has the power to abrogate the states’ eleventh amendment immunity in statutes enacted under section 5 of

Scherer v. Ismail

Court of Appeals for the Ninth Circuit · May 14, 2026

immunity because Scherer failed to allege a violation of a ‘clearly established’ constitutional right.” … This second 2 25-2651 appeal thus concerns only the “clearly established” prong of the qualified immunity analysis.

Rattlesnake Coalition v. U.S. Environmental Protection Agency

509 F.3d 1095 · Court of Appeals for the Ninth Circuit · Dec 7, 2007

. § 4321 et seq., the Coalition has to establish waiver of immunity under the Administrative Procedure Act (“APA”). See 5 U.S.C. §§ 702 , 704. … The APA applies to waive sover *1105 eign immunity only after final agency action. 5 U.S.C. § 704 .

Compton Police Officers Ass'n v. City of Compton

55 F. App'x 482 · Court of Appeals for the Ninth Circuit · Jan 31, 2003

Rappold, 287 F.3d 827, 829 (9th Cir.2002) (“[T]he decision to eliminate a position for budgetary reasons is clearly legislative.”). … Mayor Bradley and Police Chief Allen both enjoy qualified immunity from suit with respect to the discipline of the officers for insubordination in failing to leave the council meeting when ordered to do so.

Stephanie Daniel v. National Park Service

891 F.3d 762 · Court of Appeals for the Ninth Circuit · May 30, 2018

Identity theft and fraudulent charges are concrete harms particularized to Daniel and establish a sufficient injury at the pleading stage. See generally Spokeo, 136 S. … THE FCRA DOES NOT CLEARLY WAIVE IMMUNITY FOR DANIEL’S SUIT We begin with the principle that our duty is “to construe statutes, not isolated provisions.” King v. Burwell, 135 S. Ct. 2480, 2489 (2015).

Menotti v. City of Seattle

409 F.3d 1113 · Court of Appeals for the Ninth Circuit · Jun 1, 2005

We proceed to the second step of qualified immunity analysis, under which we must determine whether the right was clearly established. Saucier, 533 U.S. at 201, 121 S.Ct. 2151 . … We have held: Whether a right is “clearly established” for purposes of qualified immunity is an inquiry that must be undertaken in light of the specific context of the case, not as a broad general proposition.

Ronwin v. Shapiro

657 F.2d 1071 · Court of Appeals for the Ninth Circuit · Oct 1, 1981

QUALIFIED PRIVILEGE OF INDIVIDUAL DEFENDANTS Because the district court concluded that the entire action was barred by the eleventh amendment, it did not reach the question of privilege. … This evidence might be important to establish that Dickinson and Shapiro were “officers, agents and employees” of the State within the meaning of Ariz.Rev.Stat. § 41-621 A.3 (Supp. 1980), which provides indemnification to

Garth Maag v. Richard Wessler Mike Boyer Michael Sukut City of Glasgow, Montana Valley County, Montana

944 F.2d 654 · Court of Appeals for the Ninth Circuit · Sep 23, 1991

The officers, Richard Wessler, Mike Boyer, and Michael Sukut, appeal the denial of their motion for summary judgment in which they asserted a defense of qualified immunity. We have jurisdiction under 28 U.S.C. § 1291 . … The district court’s refusal to grant the defendants’ motion for summary judgment on the legal ground of qualified immunity is not inconsistent with our ruling that Maag’s action is frivolous on the merits.

Clipper Exxpress v. Rocky Mountain Motor Tariff Bureau

674 F.2d 1252 · Court of Appeals for the Ninth Circuit · Jul 29, 1982

Defendants' contention that Clipper's papers are insufficient to qualify as a 59(e) motion is without merit. B. … Such a showing would merely establish that defendant's conduct was subject to the antitrust laws. '[T]he absence of an immunity does not itself establish an antitrust offense.

96 Cal. Daily Op. Serv. 9270, 96 Daily Journal D.A.R. 15,309 Desert Outdoor Advertising, Inc., and Outdoor Media Group, Inc. v. The City of Moreno Valley Frank Garcia Quintin K. Strom Andrew Rodriguez Ron Smith

103 F.3d 814 · Court of Appeals for the Ninth Circuit · Dec 20, 1996

The various public officials named as individual defendants moved for judgment on the pleadings based on qualified immunity. … Because the City officials, in attempting to enforce the ordinance, violated clearly established constitutional rights of which a reasonable person would have known, they are not entitled to qualified immunity.

Cunningham v. Gates

312 F.3d 1148 · Court of Appeals for the Ninth Circuit · Dec 13, 2002

The City Officials and the various officers filed motions for summary judgment, all but one of them claiming qualified immunity, and all of them arguing that the claims were barred by Heck because plaintiffs’ theories would … We then reversed, on qualified immunity grounds, the denial of summary judgment to some of the non-shooting officers, the council members, the City attorneys, and an SIS supervisor. Id. at 1286-94.

Davis v. Wyeth Laboratories, Inc.

399 F.2d 121 · Court of Appeals for the Ninth Circuit · Jan 22, 1968

The Mass Immunization Clinics In the fall of 1960 an advisory committee was established by the Surgeon General of the United States to review all phases of polio prevention. … We agree with ap-pellee that the Sabin vaccine qualifies for such treatment.

Dell'Orto v. Stark

123 F. App'x 761 · Court of Appeals for the Ninth Circuit · Jan 12, 2005

immunity.”). 2. … There is no clearly established right to be free from arrest supported by probable cause — regardless of the arresting officer’s motivation. See Whren v.

Albert Montes v. United States

37 F.3d 1347 · Court of Appeals for the Ninth Circuit · Oct 18, 1994

Because the amended complaint clearly raised no new material issues, the United States moved for dismissal. … It is well established that the finality requirement must be given a practical rather than a technical construction. United States v. Lee, 786 F.2d 951, 956 (9th Cir.1986) (citing Gillespie v.

Wright v. Lehman

5 F. App'x 654 · Court of Appeals for the Ninth Circuit · Feb 28, 2001

immunity from Wright’s 42 U.S.C. § 1983 claim. … We affirm on the ground that Wright cannot establish that he was deprived of a constitutionally protected liberty interest, and therefore cannot state a § 1983 claim and do not reach the issue of qualified immunity.

Dr. Robert Heath v. Douglas Cast, Robert Hardy, Joseph Brown and Peter Perrin

813 F.2d 254 · Court of Appeals for the Ninth Circuit · Mar 24, 1987

The jist of this argument is that the officers' good faith is relevant only in connection with a defense of qualified immunity and Heath contends that defense is not available in this case. … And in any event only one jury instruction included the words “good faith,” and that instruction concerned the issue of punitive damages, not qualified immunity. 6 F.

Adler v. Federal Republic of Nigeria

107 F.3d 720 · Court of Appeals for the Ninth Circuit · Feb 19, 1997

The Foreign Sovereign Immunities Act “establishes a comprehensive framework for determixiing whether a court in this country, state or federal, may exercise jurisdiction over a foreign state.” Republic of Argentina v. … Reef Industries, 54 F.3d 1466, 1470 (9th Cir.1995) (holding that defendant was entitled to immunity because it established that it was an “agency or instrumentality of a foreign state” unless one of the FSIA’s exceptions

United States v. Dudden

65 F.3d 1461 · Court of Appeals for the Ninth Circuit · Sep 13, 1995

Findings on the issue of prejudice are reviewed under the clearly erroneous standard, keeping in mind the defendant’s heavy burden. Id. … The instruction also directed the jury to decide whether the government had established that Dudden’s prosecution was based on evidence entirely independent from her immunized statements, citing Kastigar.