Case law

Ty Thomas v. James Dzurenda

Court of Appeals for the Ninth Circuit · May 16, 2025

To determine if qualified immunity shields prison officials from liability, “we ask two questions: (1) whether the official’s conduct violated a constitutional right; and (2) whether that right was clearly established at … Thomas’s favor, Defendants are entitled to qualified immunity in this case.

Williams v. Ayers

217 F. App'x 647 · Court of Appeals for the Ninth Circuit · Jan 11, 2007

We agree with the district court that these officials are entitled to qualified immunity because Williams failed to establish that a constitutional violation occurred. See Desyllas v. … Bernstine, 351 F.3d 934, 941 (9th Cir.2003) (noting officials are entitled to qualified immunity when the facts alleged do not establish a constitutional violation). AFFIRMED.

Juan Llamas v. Butte Community College District

238 F.3d 1123 · Court of Appeals for the Ninth Circuit · Feb 7, 2001

Qualified Immunity. 47 Qualified immunity shields government officials from liability for civil damages if their conduct does not violate clearly established constitutional rights of which a reasonable person would have known … There is no "clearly established" right implicated and the individual defendants would not have reasonably known that their actions violated any clearly established right. See Somers, 109 F.3d at 617 .

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.

Partington v. Gedan

961 F.2d 852 · Court of Appeals for the Ninth Circuit · Apr 14, 1992

Not only does the Rooker-Feldman doctrine prevent us from considering the merits of the underlying claim, Partington cannot get the money back because the Eleventh Amendment clearly grants the states immunity from retroactive … We concluded that those entities were “clearly immune as agencies of the state.” Id. at 761 .

Johnson v. Woodford

336 F. App'x 594 · Court of Appeals for the Ninth Circuit · May 26, 2009

The district court properly granted summary judgment on Johnson’s claim under the Religious Land Use and Institutionalized Persons Act (“RLUIPA”) based on qualified immunity because the law was not clearly established at

Meadows v. Dominican Republic

817 F.2d 517 · Court of Appeals for the Ninth Circuit · May 14, 1987

If findings are undisputed or are not clearly erroneous, then the court’s determination is reviewed for abuse of discretion. Rodgers v. … Once the foreign state has produced such prima facie evidence of immunity, the burden of going forward would shift to the plaintiff to produce evidence establishing that the foreign state is not entitled to immunity.

Clyde Stevenson v. Sue Koskey

877 F.2d 1435 · Court of Appeals for the Ninth Circuit · Jun 26, 1989

State law granted complete immunization of public employees from claims of this type. … We believe the district court clearly erred. The stipulated facts reveal only that Kos-key complied with the guard’s request that she surrender Stevenson’s mail, which qualified as legal mail, for inspection.

SAFEWAY PORTLAND EMPLOYEES’ FEDERAL CREDIT UNION, a Federal Credit Union, Appellant, v. FEDERAL DEPOSIT INSURANCE CORPORATION, Appellee

506 F.2d 1213 · Court of Appeals for the Ninth Circuit · Nov 18, 1974

The FDIC is clearly a federal agency and within the coverage of the FTCA. Davis v. FDIC, 369 F.Supp. 277, 279 (D.Colo., 1974); Freeling v. … Federal Housing Authority: Appellant seeks to avoid the statutory policy of governmental immunity clearly established in the Federal Tort Claims Act, 28 U.S.C. § 2680 , by several arguments directed toward excluding the facts

Attorney General of Guam ex rel. All U.S. Citizens Residing in Guam v. United States

738 F.2d 1017 · Court of Appeals for the Ninth Circuit · Jul 24, 1984

V 1981)), which declared Guam a territory and established its government. … It is not a claim on behalf of those who have previously qualified to vote in a state election.

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.

Murillo v. Holland

Court of Appeals for the Ninth Circuit · Mar 16, 2026

We reverse and remand to the district court for dismissal of Defendants, who are entitled to qualified immunity. … Defendants are entitled to qualified immunity “unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was clearly established at the time.”

United States v. John Gilbert Kovac

367 F.3d 1116 · Court of Appeals for the Ninth Circuit · May 12, 2004

judicially noticeable facts ... clearly establish that the conviction is a predicate conviction for enhancement purposes.’ ” Corona-Sanchez, 291 F.3d at 1211 (quoting Taylor, 495 U.S. at 602 , 110 S.Ct. 2143 ; Rivera-Sanchez … 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. See United States v.

Webb v. Sloan

330 F.3d 1158 · Court of Appeals for the Ninth Circuit · May 29, 2003

Defendants appealed, seeking review on the issue of qualified immunity. Plaintiff responded to the appeal and filed a motion to certify the appeal as frivolous. … First, it excluded time spent on three motions that Plaintiff did not win: a motion to certify as frivolous Defendants’ interlocutory appeal of the court’s qualified immunity decision, a motion for interim fees, and a motion

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. … MCC § 19.40.070. 8 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

UNITED STATES of America, Plaintiff-Appellee, v. Harold S. McCLINTOCK, Defendant-Appellant

748 F.2d 1278 · Court of Appeals for the Ninth Circuit · Dec 5, 1984

First, contrary to McClintoek’s claims, the memorandum did not establish the existence of an immunity agreement. … Thus, we are not confronted with the question whether the district court erred by not allowing into evidence the nature of the crime charged once an immunity agreement is established. 9 .

Gerald Martin Zelmanowitz, A/K/A Paul Maris, and Lillian Zelmanowitz, A/K/A Lillian Maris v. United States

634 F.2d 1226 · Court of Appeals for the Ninth Circuit · Dec 30, 1980

Gerald Zelmanowitz used the certificates to qualify his sales of foreign stock under an exclusion to the interest equalization tax (“IET”) which was then in effect. … The Government agreed to hold Zelmanowitz immune from criminal liability in exchange for his cooperation in an investigation of organized crime.

Scott v. Henrich

978 F.3d 481 · Court of Appeals for the Ninth Circuit · Oct 15, 1992

The officers here raise the defense of qualified immunity, which shields government officials performing discretionary functions from liability for civil damages “insofar as their conduct does not violate clearly established … “In Fourth Amendment unreasonable force cases, unlike in other cases, the qualified immunity inquiry is the same as the inquiry made on the merits.” Hopkins v. Andaya, 958 F.2d 881 , 885 n. 3 (9th Cir.1992).

Garcia v. City of Tustin

Court of Appeals for the Ninth Circuit · Aug 8, 2025

“[B]ecause there is a material issue of fact as to whether [Officer Silva] violated [Garcia]’s clearly established constitutional right,” we hold that granting qualified immunity here was 4 Material facts at issue … “Qualified immunity gives (citing Kingsley, 576 U.S. at 399).

King v. Garfield County Public Hospital District No. 1

641 F. App'x 696 · Court of Appeals for the Ninth Circuit · Dec 24, 2015

Defendants appeal the district court’s denial of their motion for summary judgment on qualified immunity. Because Defendants were entitled to qualified immunity, we reverse. … Here, no clearly established law put Defendants on notice that Plaintiff was entitled to more process than he received.