Case law

Wheeler v. Coss

344 F. App'x 420 · Court of Appeals for the Ninth Circuit · Sep 3, 2009

MEMORANDUM * Reno Police Officer Brent Coss appeals the district court order denying him qualified immunity for arresting plaintiff Robert Wheeler. … The district court granted partial summary judgment to Wheeler, holding that there was no probable cause for his arrest and that Coss was not entitled to qualified immunity.

97 Cal. Daily Op. Serv. 9274, 97 Daily Journal D.A.R. 14,953 A.J. Neal v. Edwin Shimoda, Administrator, Correctional Facilities Guy Hall, Administrator, Correctional Facilities Richard Mello, Case Manager, Halawa Correctional Facility Barry Coyne, Administrator, Sex Offender Treatment Program, Halawa Correctional Facility John Does 1-10 Doe Entities 1-10 State of Hawaii, Marshall Martinez v. Shelley Nobriga, H.C.F., Classification Coordinator George Sumner, Dir., Dept. Of Public Safety Edwin Shimoda, Div. Administrator of H.C.F. John Smythe, Administrator for H.C.F., in Their Individual and Official Capacities

131 F.3d 818 · Court of Appeals for the Ninth Circuit · Dec 11, 1997

State officials sued in their individual capacity are entitled to qualified immunity to the extent that their conduct does not violate clearly established statutory or constitutional rights. Harlow v. … Qualified immunity extends to prison officials. Procunier v. Navarette, 434 U.S. 555 , 98 S.Ct. 855 , 55 L.Ed.2d 24 (1978).

Columbia Steel Casting Co., Inc., an Oregon Corporation v. Portland General Electric Company, an Oregon Corporation, Columbia Steel Casting Co., Inc., an Oregon Corporation v. Portland General Electric Company, an Oregon Corporation Public Utility Commission of the State of Oregon

103 F.3d 1446 · Court of Appeals for the Ninth Circuit · Dec 27, 1996

by forming an intent that is not expressed forthrightly and clearly. … Rather, the state-action immunity question is one of law that turns on whether the displacement of competition with monopolies in the Portland market was "clearly articulated and affirmatively expressed as state policy,"

Omnibus Financial Corporation v. United States

566 F.2d 1097 · Court of Appeals for the Ninth Circuit · Dec 29, 1977

Rhodes, 416 U.S. 232 , 94 S.Ct. 1683 , 40 L.Ed.2d 90 (1974), must give way to the qualified immunity doctrine established by that case. We have recognized in Mark v. … Groff, 521 F.2d 1376 (9th Cir. 1975), a case involving conduct of I.R.S. agents, that such agents enjoy a qualified immunity and are "insulated from damage suits only if (1) at the time and in light of all the circumstances

Liu v. Republic of China

892 F.2d 1419 · Court of Appeals for the Ninth Circuit · Dec 29, 1989

Consequently, this suit must fit within one of the exceptions to immunity listed in sections 1605-1607 or this court lacks jurisdiction and the ROC is immune from suit. … The Restatement gives the following example of a judicial decree that would qualify as an act of state: *1434 6. State A obtains by eminent domain proceedings title to an electric utility system in its territory.

Nelson v. California Department of Corrections

76 F. App'x 130 · Court of Appeals for the Ninth Circuit · Sep 17, 2003

The district court properly found that defendants Nunez and Melching were entitled to qualified immunity because it was not clearly established that either appeals coordinator was constitutionally required to take different

Williams v. Ramsey

190 F. App'x 530 · Court of Appeals for the Ninth Circuit · May 30, 2006

MEMORANDUM ** Paul Williams and Daylyn Presley appeal the district court’s summary judgment on qualified immunity in their 42 U.S.C. § 1983 action alleging violation of their Fourth Amendment rights. … As the April affidavit established probable cause to conduct the searches at issue in this case even without the allegedly false information in that affidavit, the officers are entitled qualified immunity. AFFIRMED.

Compania Mexicana De Aviacion, S.A. v. United States District Court For The Central District Of California

859 F.2d 1354 · Court of Appeals for the Ninth Circuit · Oct 17, 1988

Cohen, 337 U.S. at 546-547 , 69 S.Ct. at 1225-1226 . 10 A denial of a motion to dismiss based on a claim of absolute or qualified immunity of a public official is an appealable interlocutory order to the extent that it turns … "The considerations that argue for allowing the denial of a public official's qualified immunity to be appealed immediately apply a fortiori to the denial of a foreign government's claim of immunity."

Chadd Ex Rel. Estate of Boardman v. United States

794 F.3d 1104 · Court of Appeals for the Ninth Circuit · Jul 27, 2015

II As a sovereign, the United States is immune from suit unless it waives such immunity. FDIC v. Meyer, 510 U.S. 471, 475 , 114 S.Ct. 996 , 127 L.Ed.2d 308 (1994). … However, the manual qualifies this obligation in the following manner: “The Service will do this within the constraints of the 1916 Organic Act.

97 Cal. Daily Op. Serv. 8018, 97 Cal. Daily Op. Serv. 8391, 97 Daily Journal D.A.R. 12,977 Taiwan, (Also Known As, for the Purpose of This Proceeding, "Governmental Authorities of Taiwan") Taipei Economic and Cultural Representative Office in the U.S. (Formerly Known as the "Coordination Council for Northern American Affairs") and Overseas Chinese Affairs Commission v. United States District Court for the Northern District of California

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. 9 The plaintiffs argued that the FSIA's commercial activity exception, 28 U.S.C. § 1605 (a)(2) … CONCLUSION 48 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

Whitman v. Mineta

541 F.3d 929 · Court of Appeals for the Ninth Circuit · Sep 2, 2008

In order to establish a prima facie case of discrimination, a plaintiff must show that “(1) he is a member of a protected class; (2) he was qualified for his position; (3) he experienced an adverse employment action; and … Whitman fails the second element of the McDonnell Douglas test because he has not demonstrated that he was either qualified or eligible for the contested position.

Robert Leclair v. James Dzurenda

Court of Appeals for the Ninth Circuit · Apr 3, 2025

Determining whether the officials are entitled to qualified immunity potentially involves “two questions: (1) whether the official’s conduct violated a constitutional right; and (2) whether that right was clearly established … The Defendants are therefore entitled to qualified immunity unless it was clearly established between 2012 and November 2019, the period during which LeClair was denied Hep-C treatment, that MD-219 violated the Eighth

Las Vegas Sands Inc v. Culinary Workers Union Local 226

82 F. App'x 580 · Court of Appeals for the Ninth Circuit · Dec 3, 2003

The sale of unrelated businesses by LVSI would clearly not trigger the notice and payment requirement here. … Such activity, according to the district court, was immune from civil liability under the Noerr-Pennington doctrine. *585 LVSI argues that Noerr-Pennington immunity should not apply to Culinary’s lobbying efforts because

Toledano v. Lawler

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

Government officials are “entitled to qualified immunity under § 1983 unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was ‘clearly established at the time. … Toledano plausibly alleged the violation of a clearly established constitutional right.

MB Financial Group, Inc. v. United State Postal Service

545 F.3d 814 · Court of Appeals for the Ninth Circuit · Sep 25, 2008

The PRA makes the USPS an “independent establishment of the executive branch of the Government of the United States.” 39 U.S.C. § 201 . As such, the USPS enjoys sovereign immunity absent a waiver. … The FTCA, in § 2680, qualifies this broad waiver by retaining sovereign immunity for thirteen categories of claims.

United States Immigration and Naturalization Service v. Marciano Haw Hibi

475 F.2d 7 · Court of Appeals for the Ninth Circuit · Feb 8, 1973

This lack of notification was clearly prejudicial. … Because the conduct of these officials was in derogation of their duty to carry out an Act of Congress, and because petitioner has been prejudiced by this conduct, the appellant is not entitled to immunity from equitable

Fiedler v. United States

Court of Appeals for the Ninth Circuit · Jan 30, 2026

Indeed, even the circuit courts that recognize the exception concede that they “cannot conclude that Congress clearly intended for the SIAA’s waiver of sovereign immunity to be subject to an exception for discretionary functions … majority says Thacker is based on the TVA Act’s “sue-and-be-sued” language, the Court’s textual reasoning applies with even greater force here because no one argues that SIAA’s straightforward language contains similar established

Jose Lozano Arredondo v. Jefferson Sessions

866 F.3d 1082 · Court of Appeals for the Ninth Circuit · Aug 8, 2017

Thus, to the extent Young remains good law, Lozano-Arredondo has not met his burden to establish he was not convicted of a crime involving moral turpitude. … Yousuf, 560 U.S. 305, 316 n.9, 323 (2010) (considering the House Committee Report in interpreting the Foreign Sovereign Immunities Act); BedRoc Ltd., LLC v.

International Woodworkers of America, Afl-Cio, Local 3-98 v. Raymond J. Donovan, Secretary of Labor, and California Employment Development Department

792 F.2d 762 · Court of Appeals for the Ninth Circuit · Jun 23, 1986

Rather, it is reviewable under the abuse of discretion standard, and the underlying findings are reversible only if clearly erroneous. Id. … However, Local 3-98 argues that the court’s award was proper, even though no express waiver of sovereign immunity appears in Section 1961.

Rickards v. Canine Eye Registration FounDation, Inc.

783 F.2d 1329 · Court of Appeals for the Ninth Circuit · Feb 27, 1986

While the mere expression of anticompetitive intent is insufficient to establish a section 1 claim, the record establishes acts committed in furtherance of the conspiracy. … The district court’s damage award was not clearly erroneous. D.