Case law

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.

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.

In the Matter of Grand Jury Witness, Anthony Russo, Jr. Anthony Russo, Jr. v. United States

448 F.2d 369 · Court of Appeals for the Ninth Circuit · Aug 17, 1971

he should have been granted the right to summon witnesses to establish that the grand jury’s investigation did not pertain to alleged violations of the Communications Act. … In any event, we find that the government sufficiently established that the grand jury’s investigation fell within the confines of § 409(1).

Conrad v. United States

Court of Appeals for the Ninth Circuit · May 9, 2006

He did not sue the AUSA, who was protected by prosecutorial immunity. … By using the qualifying term “unnecessary,” the rule commits some definition of “necessary” to the judgment of the agent in the field.

Taiwan v. United States District Court

128 F.3d 712 · Court of Appeals for the Ninth Circuit · Oct 16, 1997

Therefore, TECRO is immune from the jurisdiction of U.S. courts, unless one of the exceptions established by the FSIA applies. … CONCLUSION The district court order is clearly .erroneous as a matter of law, because the court ordered Tsai to testify about matters within the scope of testimonial immunity accorded under Article 5(e) of the AIT-TECRO Agreement

Grace Line, Inc. v. Todd Shipyards Corp.

500 F.2d 361 · Court of Appeals for the Ninth Circuit · May 20, 1974

(Emphasis added) Todd further contends that the evidence clearly established that the pilot of the steamship had sufficient awareness of the danger to invoke this principle. Here we disagree. … Apparently the courts in this country were unable to manipulate the principles of the common law in a way that would establish the desired delicate compromise between the interest of carriers, who sought full immunity from

Elliott v. Lamarque

205 F. App'x 606 · Court of Appeals for the Ninth Circuit · Nov 14, 2006

Elliott contends that the government’s refusal to grant immunity to potential defense witnesses, where key prosecution witnesses were granted immunity, violated due process and his right to a fundamentally fair trial. … We conclude, however, that the state court’s decision in this case was neither contrary to nor an unreasonable application of clearly established federal law as determined by the Supreme Court. See 28 U.S.C. § 2254 (d).

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

Austin v. Mcnamara

979 F.2d 728 · Court of Appeals for the Ninth Circuit · Nov 6, 1992

Immunity from Damages under HCQIA 13 HCQIA was designed both to provide for effective peer review and interstate monitoring of incompetent physicians and to grant qualified immunity from damages for those who participate … The professional review activities, while not qualifying on their own as professional review actions, are nevertheless a component (an inclusion) of those actions for purposes of immunity.

Sablan v. Department Of Finance Of The Commonwealth Of The Northern Mariana Islands

856 F.2d 1317 · Court of Appeals for the Ninth Circuit · Sep 2, 1988

the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America. … On appeal, the various government officials who are named in their individual capacity do not raise any claim of absolute or qualified immunity.

Arnold v. United States

816 F.2d 1306 · Court of Appeals for the Ninth Circuit · May 5, 1987

She points out that the trend has been toward recognizing a defense of qualified rather than absolute immunity and suggests that no legitimate reason mandates treating claims of constitutional violations, when officials are … entitled to only qualified immunity, differently from state claims.

Humphries v. La County

Court of Appeals for the Ninth Circuit · Jan 30, 2009

Qualified Immunity Having decided that the Humphries’ Due Process rights under the Fourteenth Amendment were violated, we next con- sider whether the individual defendants are entitled to quali- fied immunity. … We also have no difficulty finding that Detective Wilson is entitled to qualified immunity. We have held that “an officer 1072 HUMPHRIES v.

John Adams Cathy Adams v. Paul Speers v. Merced County Sheriff's Department California Highway Patrol County of Merced Mark Pazin, Merced County Sheriff Coroner

473 F.3d 989 · Court of Appeals for the Ninth Circuit · Jan 10, 2007

The Supreme Court held that Brosseau was entitled to qualified immunity because her actions fell in the "`hazy border between excessive and acceptable force.'" … On these facts, Officer Speers was not entitled to qualified immunity. 24 AFFIRMED.

Taylor v. Westly

Court of Appeals for the Ninth Circuit · Mar 28, 2005

They are, however, the type of allegations that qualify a claim for the ultra vires thread of the Lee-Malone exception to sov- ereign immunity. … [9] As for the other category of cases Malone addressed, the plaintiffs’ procedural due process claim qualifies for the exception to sovereign immunity for that reason as well.

Sharer v. Oregon

581 F.3d 1176 · Court of Appeals for the Ninth Circuit · Sep 21, 2009

Section 504 Section 504 provides that “[n]o otherwise qualified individual with a disability ... shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be *1178 … Therefore, this testimony likewise fails to establish that Oregon waived immunity with respect to OPDS during the period of Sharer’s alleged discrimination. 5 .

Ogden ex rel. Estate of Ogden v. County of Maui

342 F. App'x 241 · Court of Appeals for the Ninth Circuit · Jun 11, 2009

immunity. … In any event, Officer Pacheco is entitled to qualified immunity. It certainly would not have been clear to a reasonable officer that Officer Pacheco’s “conduct was unlawful in the situation he confronted.” Wilkins v.

George H. Hughes v. James Johnson

305 F.2d 67 · Court of Appeals for the Ninth Circuit · Jun 27, 1962

This clearly is not so. … Matteo, supra, grants immunity. With this we disagree. Barr v.

Iliaifar v. Parksion

149 F. App'x 698 · Court of Appeals for the Ninth Circuit · Sep 23, 2005

Where, taken in the light most favorable to the plaintiff, the facts alleged do not show that the defendants violated a constitutional right, the defendants are entitled to qualified immunity. See Brosseau v. … The *700 district court thus properly granted summary judgment to defendants on the issue of qualified immunity. AFFIRMED.

Swan v. Hernandez

80 F. App'x 4 · Court of Appeals for the Ninth Circuit · Oct 22, 2003

established.’ ” Robinson v. … The district court appropriately denied Moore and Holt qualified immunity under Sander v. Katz, 533 U.S. 194 , 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001). The district court’s order is therefore AFFIRMED.

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.