Case law

Treasure Valley Potato Bargaining Association v. Ore-Ida Foods, Inc. And J. R. Simplot Company, Treasure Valley Potato Bargaining Association, Plaintiff-Cross-Appellee v. Ore-Ida Foods, Inc., Defendant-Cross-Appellant. Treasure Valley Potato Bargaining Association, Plaintiff-Cross-Appellee v. J. R. Simplot Company, Defendant-Cross-Appellant

497 F.2d 203 · Court of Appeals for the Ninth Circuit · Apr 11, 1974

evidence was insufficient to establish a reasonable basis for determining damages. … . 17. 36 There is little law on the question of the extent of the Section 6 immunity.

Mark Oyama v. University of Hawaii

813 F.3d 850 · Court of Appeals for the Ninth Circuit · Dec 29, 2015

The University has not asserted a qualified immunity defense on appeal. At oral argument, the University expressly urged the panel not to consider qualified immunity. … Accordingly, we do not reach the issue of qualified immunity. 14 OYAMA V. UNIVERSITY OF HAWAII including the Supreme Court’s decision in Hazelwood School District v.

Suever v. Connell

579 F.3d 1047 · Court of Appeals for the Ninth Circuit · Aug 26, 2009

Thus, while the Eleventh Amendment is no bar to Plaintiffs’ claims for return of their escheated principal and the sales proceeds therefrom, state sovereign immunity clearly precludes Plaintiffs from successfully obtaining … Schweitzer, 523 F.3d 948, 956 (9th Cir.2008) (holding that a claim for damages for the unconstitutional denial of just compensation under the Fifth Amendment cannot qualify as available prospective relief under Ex parte Young

Harry H. Baie, Jr. v. The Secretary of Defense of the United States of America

784 F.2d 1375 · Court of Appeals for the Ninth Circuit · Mar 17, 1986

CHAMPUS officials denied Baie’s application on the ground that the procedure failed to qualify for benefits under the applicable law and regulations governing CHAMPUS. … The district court granted summary judgment for the Secretary on the ground that Baie’s action is barred by the discretionary function exception to the waiver of sovereign immunity contained in the FTCA. 2 We affirm.

Casillas v. United States Navy

735 F.2d 338 · Court of Appeals for the Ninth Circuit · May 18, 1984

A properly established prima facie case allows an inference of illegal discrimination, creating a presumption against the employer. … Casillas argues that he properly established a prima facie case. However, because this case was fully tried and.

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.

Gary D. Smiddy v. Dudley D. Varney, Sidney Nuckles, Raymond Inglin

803 F.2d 1469 · Court of Appeals for the Ninth Circuit · Feb 25, 1987

Both cases apply qualified immunity to the conduct of the arresting officer. … The district court went on to say that the documents submitted on cross-motions for summary judgment established as a matter of law that the arresting- officers set in motion a chain of events in which the prosecutor’s decision

Sue Thomas v. Nakatani

309 F.3d 1203 · Court of Appeals for the Ninth Circuit · Nov 6, 2002

It did so largely because allowing a suit to proceed against a state or state entity would undermine the very purpose for which the immunity was established: to protect states from being sued in federal court. … Id. at 146 , 113 S.Ct. 684 . 14 Since this appeal is from a district court's denial of a state's claim to Eleventh Amendment immunity at the motion stage of litigation, one would think that it is clearly governed by Metcalf

United States v. Park Place Associates, Ltd.

563 F.3d 907 · Court of Appeals for the Ninth Circuit · Apr 22, 2009

We think the answer is clearly the latter. … Thus, Park Place’s claim clearly does “not exist independent of the ... [cjontract.” Id.

Grigorescu v. Whitlock

Court of Appeals for the Ninth Circuit · Mar 25, 2025

“We review de novo a denial of summary judgment predicated upon qualified immunity.” Cox v. Roskelley, 359 F.3d 1105, 1109 (9th Cir. 2004). … The district court properly denied Whitlock qualified immunity on Grigorescu’s First Amendment retaliation claim.

United States v. City of Arcata

629 F.3d 986 · Court of Appeals for the Ninth Circuit · Dec 17, 2010

But the cities offer no authority to support such an exception to the doctrine of intergovernmental immunity. … CITY OF ARCATA 20269 ies failed to present them clearly in their opening brief. See Smith v.

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.

Ryan v. Mansapit-Shimizu

Court of Appeals for the Ninth Circuit · Jun 25, 2025

to be heard, and thus defendants were not entitled to qualified immunity. … To defeat qualified immunity, Ryan must plausibly allege that: (1) defendants “violated a statutory or constitutional right;” and (2) the right “was clearly established at the time of the challenged conduct.”

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 ROC tribunals found that Chen Chi-li waited at a nearby gas station and did not participate in the actual shooting 2 The Restatement gives the following example of a judicial decree that would qualify as an act of state

E. B. Weiss v. R. C. Lehman and Wayne Larue

642 F.2d 265 · Court of Appeals for the Ninth Circuit · Mar 30, 1981

Weiss’s suit against Lehman was tried to a jury on the issue of whether Lehman was entitled to qualified immunity. The jury answered that question by awarding a verdict for Weiss in the sum of $1,000 damages plus costs. … He was adequately protected by the availability at trial of a qualified immunity defense. See Butz, 438 U.S. at 506-07 , 98 S.Ct. at 2910-11 . B.

Tackett v. City of Hailey

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

An officer is entitled to qualified immunity unless the plaintiff shows that (1) the officer violated the plaintiff’s constitutional right and (2) the “right was clearly established at the time of the incident.” … Even if England had violated the Fourteenth Amendment, he would still be entitled to qualified immunity because the relevant legal principles were not clearly established at the time.

Amjad Abudiab v. Elias Georgopoulos

586 F. App'x 685 · Court of Appeals for the Ninth Circuit · Nov 27, 2013

; and (2) Was the right at issue “clearly established” at the time of the defendant’s alleged misconduct? Saucier v. Katz, 533 U.S. 194, 201 (2001), receded from by Pearson v. Callahan, 555 U.S. 223, 236 (2009). … If the answer to both questions is yes, then qualified immunity should be denied. Id.

Quantz v. Edwards

264 F. App'x 625 · Court of Appeals for the Ninth Circuit · Jan 18, 2008

If the jury had found that Kimball violated Quantz’s First Amendment rights, Kimball would not be entitled to qualified immunity because it was well established at the time that retaliating against an employee for engaging … Under these circumstances, Quantz’s right to speak to the press about the election and the discrimination that allegedly followed was clearly established. Cf. Voigt v.

Bechard v. Rappold

287 F.3d 827 · Court of Appeals for the Ninth Circuit · Apr 19, 2002

immunity. … But the application of the legislative immunity doctrine to local legislators, such as county commissioners, is now well-established. See Bogan, 523 U.S. at 49 , 118 S.Ct. 966 .

Castaneda Ex Rel. Estate of Castaneda v. United States

546 F.3d 682 · Court of Appeals for the Ninth Circuit · Oct 2, 2008

Does § 233(a) Expressly Establish the FTCA as a Substitute Remedy for Bivens? … LRTCA contains an exception to immunity not in the pre-LRTCA immunity statute.