Case law

United States v. Wesley A. Plummer

941 F.2d 799 · Court of Appeals for the Ninth Circuit · Aug 1, 1991

The Supreme Court has established that the government may compel testimony in these circumstances, over the defendant’s objection, if it grants use and derivative use immunity to the defendant under 18 U.S.C. § 6002 . … Factual determinations, including what the parties intended by an ambiguous contract, are accepted unless clearly erroneous. L.K. Comstock & Co. v.

United States v. Washington

872 F.2d 874 · Court of Appeals for the Ninth Circuit · Apr 12, 1989

The Supreme Court explained its ruling in the following language: Given agreement that § 118 makes it the duty of federal facilities to comply with state-established air quality and emission standards, the question is as … The word “requirements” does not clearly and unambiguously express Congress’ intent, to waive sovereign immunity regarding an attempt to enforce its hazardous waste statutes by the imposition of a penalty, civil or criminal

Sigman v. United States

208 F.3d 760 · Court of Appeals for the Ninth Circuit · Mar 29, 2000

The Federal Tort Claims Act Suits against the United States and its agencies are barred by sovereign immunity unless permitted by an explicit waiver of immunity from suit. See FDIC v. … to *770 qualify Mellberg for enlistment without any followup mental evaluation.

Traweek v. City & County of San Francisco

920 F.2d 589 · Court of Appeals for the Ninth Circuit · Dec 6, 1990

In order to obtain immunity, a municipality must demonstrate that the state policy authorizing the challenged action has been clearly articulated. Boone v. … We find that this statute clearly delegates sufficient regulatory authority to the City to uphold state action immunity.

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.

Coleen R. Roberts v. College of the Desert, C.A. Patterson, and Fern Stout

861 F.2d 1163 · Court of Appeals for the Ninth Circuit · Nov 22, 1988

Qualified Immunity Immunity exists to shield government officials when their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. Harlow v. … This finding is not clearly erroneous. VIII.

Ugochukwu Nwauzor v. the Geo Group, Inc.

127 F.4th 750 · Court of Appeals for the Ninth Circuit · Jan 16, 2025

In the context of qualified immunity, the Supreme Court has emphasized the difference between “[g]overnment-employed prison guards” and “prison guards who are employees of a private prison management firm,” holding that only … government-employed guards are entitled to qualified immunity.

Christopher Garnier v. Michelle O'connor-Ratcliff

136 F.4th 1181 · Court of Appeals for the Ninth Circuit · May 14, 2025

At summary judgment, the district court granted the Trustees qualified immunity as to the Garniers’ damages claims. … The Garniers cross-appealed, arguing that the district court erred in granting qualified immunity to the Trustees as to the Garniers’ damages claims.

Maney v. State of Oregon

Court of Appeals for the Ninth Circuit · Jun 30, 2025

“The doctrine of qualified immunity shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. … was clearly established at the time of the violation.”

United States v. Jose Garcia

988 F.2d 965 · Court of Appeals for the Ninth Circuit · Mar 10, 1993

Garcia was thus clearly in charge of all arrangements for the deal. The Fresno deal was clearly part of an ongoing business operation and not an isolated episode. … In return for his testimony, Walsh was granted immunity for any possible involvement in a murder.

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.

United States v. Jason Lee

704 F.3d 785 · Court of Appeals for the Ninth Circuit · Dec 28, 2012

Under this approach, the prior conviction qualifies as a career offender predicate offense only “if ‘documentation or judicially noticeable facts . . . clearly establish that the conviction is a predicate conviction for enhancement … “The government has the burden to establish clearly and unequivocally that the conviction was based on all of the elements of a qualifying predicate offense.” Id. (quoting United States v.

McNeil v. Molnar

Court of Appeals for the Ninth Circuit · Sep 4, 2025

Prison officials are entitled to qualified immunity “unless the plaintiff raises a genuine issue of fact showing (1) a violation of a constitutional right, and (2) that the right was clearly established at the time of … To overcome qualified immunity, McNeil must show not only that the defendants violated his due-process right but also that the right was clearly established at the time.

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.

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.

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 .

Moord v. Konkel

288 F. App'x 372 · Court of Appeals for the Ninth Circuit · Jul 30, 2008

The district court properly granted summary judgment in favor of Officers Stovall and Tapia on grounds of qualified immunity. … See Saucier, 533 U.S. at 201, 121 S.Ct. 2151 (“If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.”).

State of Alaska v. Eeoc

508 F.3d 476 · Court of Appeals for the Ninth Circuit · Nov 7, 2007

The exclusion is at least an indication that the hearings did not establish an existing evil in the selection and retention of a governor’s close asso- ciates. … Here, Congress clearly identified a pattern of unconstitutional employment discrimination on the basis of gender by the states.

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).

United States v. Rockwell International Corporation

924 F.2d 928 · Court of Appeals for the Ninth Circuit · Jan 31, 1991

A court can enforce that promise with minimal intrusion into the day to day operations of the Executive by granting whatever immunity has been guaranteed. … It is important to point out clearly and expressly the discretionary nature of the Voluntary Disclosure Program.