Case law

A.K. Management Company, a Michigan Corporation v. The San Manuel Band of Mission Indians, a Federally Recognized Indian Tribe

789 F.2d 785 · Court of Appeals for the Ninth Circuit · May 13, 1986

Waiver of sovereign immunity to suit. It is well established that Indian tribes enjoy the sovereign’s common law immunity to suit. Santa Clara Pueblo v. … Again, the waiver of sovereign immunity is clearly part of the Agreement, and is not operable except as part of that Agreement.

Ferguson v. City of Phoenix

157 F.3d 668 · Court of Appeals for the Ninth Circuit · Oct 8, 1998

To determine if an individual is entitled to qualified immunity, we must determine (1) the specific right allegedly violated; (2) whether this right was so "clearly established" as to alert a reasonable officer to its constitutional … Therefore, we conclude that the right at issue was not clearly established, and as a result, Commander Rodabough was entitled to qualified immunity. 37 Because of the district court's careful consideration of all the evidence

Carrie Tritchler v. The County of Lake, the Superior Court in and for the County of Lake, and Lee B. Poole

358 F.3d 1150 · Court of Appeals for the Ninth Circuit · Feb 18, 2004

of the Superior Court in the first place, and tbe Superior Court has very clearly announced that it does not want to assert the defense, given that it has won (twice) on the merits. … A district court’s evidentiary rulings are also reviewed for abuse of discretion, and the appellant is additionally required to establish that the error was prejudicial. Freeman v. Allstate Life Ins.

The Ministry of Defense and Support for the Armed Forces of the Islamic Republic of Iran, as Successor in Interest to the Ministry of War of the Government of Iran v. Cubic Defense Systems, Inc., as Successor in Interest to Cubic International Sales Corporation v. Stephen M. Flatow, Plaintiff-Intervenor-Appellant, and Dariush Elahi, Plaintiff-Intervenor. The Ministry of Defense and Support for the Armed Forces of the Islamic Republic of Iran, as Successor in Interest to the Ministry of War of the Government of Iran v. Cubic Defense Systems, Inc., as Successor in Interest to Cubic International Sales Corporation v. Stephen M. Flatow, Plaintiff-Intervenor-Appellant, and Dariush Elahi, Plaintiff-Intervenor. The Ministry of Defense and Support for the Armed Forces of the Islamic Republic of Iran, as Successor in Interest to the Ministry of War of the Government of Iran v. Cubic Defense Systems, Inc., as Successor in Interest to Cubic International Sales Corporation v. Stephen M. Flatow, Plaintiff-Intervenor, and Dariush Elahi, Plaintiff-Intervenor-Appellee

385 F.3d 1206 · Court of Appeals for the Ninth Circuit · Oct 7, 2004

We have twice recognized that "a contract to purchase military supplies, although clearly undertaken for public use, is commercial in nature...." Joseph v. … Under 28 U.S.C. § 1603 (a), MOD also qualifies as a "foreign state" for purposes of the FSIA. 14 Prior to the FSIA, foreign states and their instrumentalities enjoyed virtually absolute immunity from having their property

Mary Ann Hansen v. Blue Cross of California Ventura County Foundation for Medical Care

891 F.2d 1384 · Court of Appeals for the Ninth Circuit · Dec 18, 1989

Section 1447(d) clearly insulates remand orders based on lack of jurisdiction from appellate review “by appeal or otherwise.” … To qualify for this deduction, the group plan must allow employees to continue coverage if a qualifying event such as termination occurs. See I.R.C. § 162(k)(3)(B).

Theresa Karam v. City of Burbank, a Municipality Burbank Police Department Miranda, Burbank Police Officer, 7734 Sindle, Burbank Police Officer 7942 Gordon Bowers, Burbank Police Captain David Newsham, Chief of Police Burbank City Attorney Gina Oh Eric Hovatter Juli Scott Stacy Murphy Robert Ovrom, Theresa Karam v. City of Burbank, a Municipality Gordon Bowers, Burbank Police Captain David Newsham, Chief of Police Eric Hovatter Juli Scott Matt Miranda, Burbank Police Officer 7734 Stacy Murphy Robert Ovrom Shane Sindle, Burbank Police Officer 7942, and Burbank Police Department Burbank City Attorney Gina Oh

352 F.3d 1188 · Court of Appeals for the Ninth Circuit · Dec 8, 2003

Bogan, 320 F.3d 1023, 1028 (9th Cir.2003) (prosecutor "performing investigatory or administrative functions" entitled to only qualified immunity). … Gov't Code § 815.2 . 2 The Evans court held that the federal agents were entitled to qualified immunity, however, because the law on what constituted a seizure in such circumstances had not been clearly established.

Russell v. Hug

275 F.3d 812 · Court of Appeals for the Ninth Circuit · Jan 4, 2002

The Plan directs the Chief Judge of the District to appoint members of an Administration Committee, which is responsible for "establish[ing], maintain[ing], and administer[ing] a panel of private attorneys " who will represent … Russell qualified under this provision. 2 Russell does not argue on appeal that it was error for the district court to deny leave to amend. 3 Congress in drafting the CJA clearly understood "plans" and "rules" to mean different

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.

Marcus S. Smith Hildegard U. Smith v. William Marshall, Jr., M.D.

885 F.2d 650 · Court of Appeals for the Ninth Circuit · Sep 26, 1989

Heller is clearly inapposite. The Heller court never reached the question whether a physician serving abroad was immune from suit because the plaintiff was unable to serve any of the individual defendants. … Second, in Baker , a key issue was whether FECA cases qualified under the “circumstances likely to preclude” language of section 1089(f) so that suit could be brought against the Army physician defendants.

N. M. v. Guillemin

Court of Appeals for the Ninth Circuit · Aug 7, 2026

With respect to Plaintiff’s Fourth Amendment claim, we conclude that Guillemin is entitled to qualified immunity because he did not violate Miller’s clearly established rights. … Because the right was not clearly established, Guillemin is entitled to qualified immunity. 3.

RICHARD K. LOVELL v. SUSAN CHANDLER, IN HER OFFICIAL CAPACITY AS THE DIRECTOR OF THE DEPARTMENT OF HUMAN SERVICES OF THE STATE OF HAWAII STATE OF HAWAII, DOUGLAS D. DELMENDO, AN INCAPACITATED PERSON, BY HIS APPOINTED GUARDIAN — ZOSIMA ORILLO DELMENDO v. SUSAN CHANDLER, IN HER OFFICIAL CAPACITY AS THE DIRECTOR OF THE DEPARTMENT OF HUMAN SERVICES OF THE STATE OF HAWAII STATE OF HAWAII

303 F.3d 1039 · Court of Appeals for the Ninth Circuit · Sep 5, 2002

Eleventh Amendment Immunity 28 The State asserts sovereign immunity under the Eleventh Amendment against Lovell and Delmendo's claims under Title II of the ADA and § 504 of the RA. … To establish a violation of § 504 of the RA, a plaintiff must show that (1) she is handicapped within the meaning of the RA; (2) she is otherwise qualified for the benefit or services sought; (3) she was denied the benefit

Snyder & Associates Acquisitions LLC v. United States

859 F.3d 1152 · Court of Appeals for the Ninth Circuit · Jun 16, 2017

The wrongful death claim in Perkins easily qualified as a claim arising from the government’s tax collection efforts. See id. at 912-13 . … Section 2680(h) establishes an exception to the waiver of sovereign immunity for claims that “aris[e] out of ... misrepresentation.”

Estate of Brandon Tranberg-Hoadley v. Martin-Leal

Court of Appeals for the Ninth Circuit · Jun 2, 2026

“Government officials enjoy qualified immunity from suit under § 1983 unless their conduct violates clearly established law.” Zorn v. Linton, 146 S. Ct. 926, 930 (2026) (per curiam). … Neither Horton nor this Court’s precedents support qualified immunity here. “It is clearly established that the Eighth Amendment protects against deliberate indifference to a detainee's serious risk of suicide.”

Loren Shirk v. United States

773 F.3d 999 · Court of Appeals for the Ninth Circuit · Dec 8, 2014

established meaning of these terms.” … In this way, the § 314 analysis is similar to a qualified-immunity analysis under 42 U.S.C. § 1983 . See Pearson v.

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

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).

Lytle v. Carl

382 F.3d 978 · Court of Appeals for the Ninth Circuit · Sep 1, 2004

The court further granted summary judgment to Cram and Carl as individuals based on qualified immunity, but denied summary judgment to the remaining individual defendants and the District. … In an earlier appeal, we held that the remaining individual defendants were entitled to qualified immunity, but allowed proceedings against the District to continue. Lytle v. Wondrash, 182 F.3d 1083 (9th Cir.1999).

Thos. P. Gonzalez Corporation v. Consejo Nacional De Produccion De Costa Rica, and Sergio Quiros Maroto

614 F.2d 1247 · Court of Appeals for the Ninth Circuit · Mar 10, 1980

It has never attempted to qualify for the transaction of business within California. … Significantly, each of the immunity provisions in the bill, sections 1605-1607, requires some connection between the lawsuit and the United States, or an express or implied waiver by the foreign state of its immunity from

Corporacion Mexicana de Servicios Maritimos, S.A. de C.V. v. The M/T Respect

89 F.3d 650 · Court of Appeals for the Ninth Circuit · Jul 16, 1996

Thus Pemex-[Refining] is a subdivision of the United Mexican States and therefqre qualifies for foreign sovereign immunity under FSIA. The defendants have not contested this description of Pemex-Refining. … A review of the case shows that Pe-mex-Refining clearly waived part of its immunity by intervening and filing a claim against the defendants.

Saulsbury Orchards And Almond Processing, Inc. v. Clayton K. Yeutter

917 F.2d 1190 · Court of Appeals for the Ninth Circuit · Oct 29, 1990

Id. 26 We conclude that the individual defendants are entitled to qualified immunity. … The matter is now enmeshed in the agency's appellate process 4 Because we conclude that the individual defendants are entitled to qualified immunity, we do not reach the question of whether the Act provides a comprehensive