Case law

United States v. Town of Colorado City

935 F.3d 804 · Court of Appeals for the Ninth Circuit · Aug 26, 2019

Taken together, this evidence is sufficient to establish that the Towns conspired with FLDS members to advance the Church’s illicit objectives. The district court did not clearly err in making that finding. … Despite the Towns’ argument, Ranger John Nick Hanna was qualified to testify about Jeffs’ dictations.

Midwest Growers Cooperative Corporation v. John H. Kirkemo, Midwest Growers Cooperative Corporation v. John H. Kirkemo, Midwest Growers Cooperative Corporation, Cross-Appellant v. John H. Kirkemo, Cross-Appellees

533 F.2d 455 · Court of Appeals for the Ninth Circuit · May 19, 1976

Co., 480 F.2d 1047 (2 Cir. 1973) 18 In explaining the doctrine of official immunity the Court noted that, "Implicit in the idea that officials have some immunity absolute or qualified for their acts, is a recognition that … 19 Mark in analyzing the question of immunity, utilized the Second Circuit opinion in Bivens which was an application on remand of the principles established in Bivens v.

Gonzalez v. Metropolitan Transportation Authority

174 F.3d 1016 · Court of Appeals for the Ninth Circuit · Apr 14, 1999

Qualified immunity. 17 Appellees argue that all the individual defendants should be dismissed because they are entitled to qualified immunity, and would have had no reason to think that administering the urine tests was unconstitutional … Accordingly, we need not decide whether, for example, the damages claims would fail because of qualified immunity.

Carver v. Lehman

Court of Appeals for the Ninth Circuit · Mar 3, 2009

immunity. … Qualified immunity protects “government officials . . . from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would

Buckner v. Dupont De Nemours & Co.

Court of Appeals for the Ninth Circuit · Apr 3, 2008

contractor defense, we cannot grant immunity from liability. … Because Congress did not enact the PAA against a back- drop of well-established common law principles that included the government contractor defense, we cannot grant immunity from liability.

Stauber v. Cline

837 F.2d 395 · Court of Appeals for the Ninth Circuit · Jan 20, 1988

It held that Feres immunity extended to a FTCA action brought by the widow of a Coast Guard pilot killed during the course of activities clearly incident to service; Mrs. … On appeal, Stauber has failed to show that this finding was clearly erroneous.

Assance v. Holzer

Court of Appeals for the Ninth Circuit · Aug 25, 2026

To defeat qualified immunity, Assance was obligated to plausibly plead that Deputy Holzer’s conduct violated the Fourth Amendment and that the unlawfulness of his conduct was clearly established at the time. … Assance has also plausibly pleaded that Holzer’s conduct violated clearly established law.

United States v. Oregon

44 F.3d 758 · Court of Appeals for the Ninth Circuit · Dec 28, 1994

After 1909, water rights could only be acquired through a permit system established by the statute. Or. Rev.Stat. § 537.120. … for waiver of immunity).

Devon Shelley v. Pete Geren

666 F.3d 599 · Court of Appeals for the Ninth Circuit · Jan 12, 2012

Neither candidate clearly demonstrated that he met this criterion. … Stacking the interview pool with older candidates does not immunize the decision to hire a younger one.

96 Cal. Daily Op. Serv. 5655, 96 Daily Journal D.A.R. 9212 Robert Roe v. Helen M. Sherry, Special Agent Ray Larabee Christopher Yohn U.S. Naval Investigative Services United States of America

91 F.3d 1270 · Court of Appeals for the Ninth Circuit · Jul 31, 1996

He also contends the officers are not entitled to qualified immunity. DISCUSSION A. … A fundamental inquiry in a qualified immunity analysis is "whether the plaintiff has asserted a violation of a constitutional right at all." Siegert v.

96 Cal. Daily Op. Serv. 6256, 96 Daily Journal D.A.R. 10,256 in Re Estate of Ferdinand Marcos Human Rights Litigation. Maximo Hilao, Class v. Estate of Ferdinand Marcos, Republic of the Philippines, a Non-Party Specifically Identified as Subject to the Preliminary Injunction, in Re Estate of Ferdinand Marcos Human Rights Litigation. Maximo Hilao, Class v. Estate of Ferdinand Marcos, Republic of the Philippines, a Non-Party Specifically Identified as Subject to the Preliminary Injunction

94 F.3d 539 · Court of Appeals for the Ninth Circuit · Aug 22, 1996

Thus, the court clearly expressed its view that the injunction binds the Republic. Hilao seems to want to have it both ways. … an exception to immunity under the Act.

Packsys, S.A. De C v. v. Exportadora De Sal

899 F.3d 1081 · Court of Appeals for the Ninth Circuit · Aug 15, 2018

It is undisputed that ESSA qualifies as a “foreign state” for FSIA purposes because it is 51-percent owned by the Mexican government. … a prima facie case of immunity.”

Lewis v. Nanos

Court of Appeals for the Ninth Circuit · Feb 4, 2026

The second qualified immunity prong inquires whether “the right at issue was clearly established at the time of the incident such that a reasonable officer would have understood his conduct to be unlawful in that situation … COURT OF APPEALS The Supreme Court has squarely held that, in resolving issues of qualified immunity on summary judgment, courts must adhere to the established rule that the evidence must be viewed “in the light

Carin Memmer v. Marin County Courts

169 F.3d 630 · Court of Appeals for the Ninth Circuit · Mar 3, 1999

She cannot read handwritten or typewritten documents, cannot identify documents in front of her, cannot evaluate trial exhibits, and cannot see clearly generally even with corrective lenses. … First, because Mem-mer bears the burden of establishing an ADA violation, she must establish the existence of specific reasonable accommodations that MCC failed to provide. See Weinreich v. Los Angeles County Metro.

Scott v. Henrich

978 F.2d 481 · Court of Appeals for the Ninth Circuit · Oct 15, 1992

as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." … "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).

Davis v. Wyeth Laboratories, Inc.

399 F.2d 121 · Court of Appeals for the Ninth Circuit · Sep 10, 1968

The Mass Immunization Clinics 8 In the fall of 1960 an advisory committee was established by the Surgeon General of the United States to review all phases of polio prevention. … We agree with appellee that the Sabin vaccine qualifies for such treatment.

Wright v. Talamantes

Court of Appeals for the Ninth Circuit · May 1, 2026

If qualified immunity is available, the private individual is immune from a § 1983 claim unless the plaintiff can prove a violation of “a clearly established constitutional . . . right.” See id. … Because plaintiffs have presented sufficient evidence to show a violation of a clearly established constitutional right, Dr. Woolridge is not entitled to qualified immunity.

Philip Caballero v. City of Concord Concord Police Dept. R. Perryman R. MacCaro

956 F.2d 204 · Court of Appeals for the Ninth Circuit · Feb 5, 1992

The district court also instructed the jury on the defense of “qualified immunity” or “good faith.” Caballero did not object to either of these instructions. … Third, we do not agree with Perryman that the evidence adduced at trial clearly establishes probable cause for the arrest.

Tarahawk Von Brincken v. James Voss

671 F. App'x 962 · Court of Appeals for the Ninth Circuit · Nov 23, 2016

Voss and Legarra are entitled to qualified immunity unless von Brincken shows “(1) that the official violated a statu *963 tory or constitutional right, and (2) that the right was ‘clearly established’ at the time of the … In determining whether qualified immunity applies, the Supreme Court has reminded us “not to define clearly established law at a high level of generality.” Id. at 742 , 131 S.Ct. 2074 .

Arizona Maintenance Co. v. United States

864 F.2d 1497 · Court of Appeals for the Ninth Circuit · Jan 10, 1989

BACKGROUND In 1968, the Colorado River Basin Project Act established the Central Arizona Project (“CAP”). 43 U.S.C. § 1521 . … The record here does not definitively establish whether such was the nature of this decision.