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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
Cited 40 timesPublishedUnited 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.
Cited 35 timesPublishedHarry 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.
Cited 3 timesPublished149 F. App'x 664 · Court of Appeals for the Ninth Circuit · Sep 20, 2005
At the close of Fries’s case, the district court granted the defendants’ motion for judgment as a matter of law (1) that Rush was protected by qualified immunity; and (2) that Fries failed to establish liability under Monell … We have reviewed the record in this case, and we agree with the district court’s determination that no reasonable jury could have found that Rush was not protected by qualified immunity, or that the county defendants could
Cited 0 timesPublished892 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.
Cited 45 timesPublishedCourt 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.”
Cited 0 timesUnpublishedE. 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.
Vacated on other grounds by Mason v. Abrams, 454 U.S. 806 (1981)Cited 7 timesPublishedCourt 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.
Cited 0 timesUnpublishedAmjad 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.
Cited 2 timesUnpublished264 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.
Cited 0 timesPublished287 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 .
Cited 10 timesPublishedWilliam Thornton v. Edmund G. Brown, Jr
Court of Appeals for the Ninth Circuit · Feb 18, 2014
Parole officers’ “immunity for conduct arising from their duty to supervise parolees is qualified.” Anderson, 714 F.2d at 910. … Absolute immunity therefore does not apply to Plaintiff’s enforcement-based claim. However, the district court also dismissed this claim as barred by qualified immunity.
Cited 0 timesPublishedCourt of Appeals for the Ninth Circuit · Dec 2, 2025
That constitutional violation was clearly established based on our decision in Hunt, 865 F.2d at 201. … The district court erred in denying qualified immunity to Gutierrez.
Cited 0 timesUnpublished344 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.
Cited 0 timesPublished63 F.3d 906 · Court of Appeals for the Ninth Circuit · Aug 22, 1995
BACKGROUND SEE was established in 1976 as a pilot program pursuant to the Older American Act. … The text of the EPAA, together with the committee reports to the EPA appropriations bills, clearly indicate Congress’ intent to limit the explicit waiver of sovereign immunity for federal employees to sue under the ADEA.
Cited 7 timesPublished175 F.3d 671 · Court of Appeals for the Ninth Circuit · Apr 19, 1999
Congress's action sufficiently qualifies the intergovernmental immunity of the United States to permit the state to make the distinction it has. … The FSA is required, for example, to offer forfeited property for resale to qualified farmers. See 7 U.S.C. § 1985 (c)(1)(B).
Cited 1 timesPublished131 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).
Cited 368 timesPublished541 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.
Cited 124 timesPublishedCourt 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.
Cited 0 timesUnpublishedCastaneda 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.
Reversed on other grounds by Hui v. Castaneda, 559 U.S. 799 (2010)Cited 19 timesPublished
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