Case law

Barnes v. McLellan

54 F. App'x 283 · Court of Appeals for the Ninth Circuit · Jan 15, 2003

We review de novo the district court’s grant of summary judgment based on qualified immunity, Jackson v. City of Bremerton, 268 F.3d 646, 650 (9th Cir.2001), and we affirm. … Accordingly, the district court properly concluded that the defendants are entitled to qualified immunity. See Jackson, 268 F.3d at 653 . AFFIRMED.

Duhaime v. Ducharme

193 F.3d 1126 · Court of Appeals for the Ninth Circuit · Oct 12, 1999

The State Court’s Decision Was Not Contrary To, Or An Unreasonable Application Of, Clearly Established Federal Law. … and, consistent with both the Teague and qualified immunity contexts, allows for application of existing precedent to new set of facts if differences do not change the “force with which the precedent’s underlying principle

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.

98 Cal. Daily Op. Serv. 298, 98 Daily Journal D.A.R. 407 State of Montana v. Toni A. Gilham, Individually and as Personal Representative of the Estate of Christine Marie Gilham

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

the United States, 'as distinct, independent political communities' qualified to exercise powers of self-government, not by virtue of any delegation of powers, but rather by reason of their original tribal sovereignty." … 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 .

11 Fair empl.prac.cas. 872, 10 Empl. Prac. Dec. P 10,504 Sandra Lee Kaplan v. International Alliance of Theatrical and Stage Employees and Motion Picture MacHine Operators of the United States and Canada, and Local 659, International Photographers of the Motion Picture Industries

525 F.2d 1354 · Court of Appeals for the Ninth Circuit · Nov 5, 1975

finding of discrimination in part on these statistics was not clearly erroneous. … The Roster established employment priority according to accumulated employment experience in particular crafts classifications.

Schnidrig v. Columbia Machine, Inc.

80 F.3d 1406 · Court of Appeals for the Ninth Circuit · Apr 11, 1996

In this case, Schnidrig clearly established a prima facie case of age discrimination. Schnidrig did not attempt to establish the factors giving rise to a presumption of discrimination. … Columbia argues that whether Schnidrig chooses to establish a prima facie case through a presumption or through direct evidence of discrimination, he must still show that he is qualified for the job.

United States v. Blair William Guthrie

931 F.2d 564 · Court of Appeals for the Ninth Circuit · Apr 25, 1991

The likelihood of this happening could have been reduced, he argues, if the court had instructed the jury that the scrap evidence was legally insufficient to qualify as a silencer. … In the present case, however, Linda did not receive immunity from prosecution (known as “transactional immunity”) for any of her prior crimes. She only was granted “use immunity.”

J. A. v. County of San Bernardino

Court of Appeals for the Ninth Circuit · Mar 19, 2025

clearly established at the time of the officer[s’] alleged misconduct.” … We thus cannot conclude that Plaintiffs’ constitutional rights were violated or that those rights were clearly established. Therefore, denial of qualified immunity as to claim three was inappropriate. See Scott v.

Metabolic Research, Inc. v. Scott Ferrell

668 F.3d 1100 · Court of Appeals for the Ninth Circuit · Feb 9, 2012

Therefore, we consider only whether the denial of a special motion to dismiss brought under Nevada’s anti- SLAPP statute qualifies as an immediately appealable order under Cohen. … We must presume the legislature selected its words with pur- pose, and immunity from “civil liability” is unquestionably different than immunity from “suit” or “trial.”

Harrison v. Hickel

6 F.3d 1347 · Court of Appeals for the Ninth Circuit · Sep 23, 1993

Lowden were dismissed without prejudice to being refiled in a complaint that would clearly show that they were being sued in their individual capacities. … Scanlon, 473 U.S. 234, 239-40 , 105 S.Ct. 3142, 3146 , 87 L.Ed.2d 171 (1985) (citation and internal quotation marks omitted) (alteration in original). 51 Well established law governs ... waiver of Eleventh Amendment immunity

Guerrero v. City & County of San Francisco

156 F. App'x 36 · Court of Appeals for the Ninth Circuit · Nov 28, 2005

To defeat a claim of qualified immunity, Guerrero must “both establish a substantial showing of a deliberate falsehood or reckless disregard and establish that, without the dishonestly included or omitted information, the … II Guerrero also claims that Tittle violated his clearly established due process right because Tittle continued the investigation although he knew or should have known that the accused was innocent. See Devereaux v.

Parham v. Robles

Court of Appeals for the Ninth Circuit · Dec 18, 2025

not violate clearly established law.” … Officers are entitled to qualified immunity unless they violated a constitutional right and the right was “clearly established at the time.” Reichle v. Howards, 566 U.S. 658, 664 (2012).

Washington Initiatives Now v. Rippie

213 F.3d 1132 · Court of Appeals for the Ninth Circuit · May 25, 2000

by the Constitution or the laws of the United States; and, in the alternative, she was entitled to qualified immunity. … The district court ruled in the alternative that Warheit was entitled to qualified immunity on this claim. WIN does not challenge this ruling on appeal, a ruling which we believe to be undoubtedly correct.

Marie Sales v. City of Tustin

649 F. App'x 615 · Court of Appeals for the Ninth Circuit · May 12, 2016

The officers are entitled to qualified immunity, because they did not violate a clearly established constitutional right. See Pearson v. Callahan, 555 U.S. 223, 231-32 , 129 S.Ct. 808 , 172 L.Ed.2d 565 (2009). … Under clearly established law, a law enforcement officer may “approach an individual in public and ask him if he is willing to answer questions.” United States v. Washington, 490 F.3d 765, 770 (9th Cir.2007).

Wasson v. Sonoma County Junior College

203 F.3d 659 · Court of Appeals for the Ninth Circuit · Feb 16, 2000

The district court granted defendants’ motion to dismiss Wasson’s First Amendment claim on the basis of qualified immunity. We affirm on different grounds because we conclude that Wasson has failed to state a claim. … The district court granted qualified immunity to Agrel-la and Roberts on their motion to reconsider the district court’s earlier denial of the defendants’ motion to dismiss.

Abdulhalim Ali v. Robert Rogers

780 F.3d 1229 · Court of Appeals for the Ninth Circuit · Mar 19, 2015

The Fourth Circuit acknowledged that this may lead to a “harsh result” in some cases, because of the resulting lack of certain remedies for seamen, but explained that the exclusivity language “clearly dictates this result … ROGERS “reference to maritime service or maritime transactions,” thereby satisfying the “true criterion” for what makes a maritime contract, and qualifying for admiralty contract jurisdiction. Norfolk S. Ry.

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

G & G Fire Sprinklers, Inc. v. Bradshaw

156 F.3d 893 · Court of Appeals for the Ninth Circuit · Sep 10, 1998

The state also contends that the individual defendants in this case are entitled to qualified immunity. … Therefore, the individual defendants cannot claim qualified immunity as an affirmative defense to this action seeking declaratory and injunctive relief.

Powers v. Devereaux

20 F. App'x 708 · Court of Appeals for the Ninth Circuit · Oct 5, 2001

Devereaux enjoys qualified immunity because “officers of reasonable competence could disagree” as to the constitutionality of her actions. Malley v. Briggs, 475 U.S. 335, 341, 106 S.Ct. 1092 , 89 L.Ed.2d 271 (1986). … “The constitutional right of parents and children to live together without governmental interference is well established.” Mabe v. San Bernardino County, Dep’t of Pub. Soc.

Southeast Legal Defense Group v. Adams

657 F.2d 1118 · Court of Appeals for the Ninth Circuit · Oct 1, 1981

And clearly Congress was not limited to awarding fees only when a constitutional or civil rights claim is actually decided. … It would be inconsistent with the purpose of the Fees Act to dilute a fees award by refusing to compensate the attorney for the time reasonably spent in establishing and negotiating his rightful claim to the fee.