Case law

Mary Charles McDonald Denver McDonald Richard Maynard Bill McDonald Maynard & McDonald v. United States

102 F.3d 1009 · Court of Appeals for the Ninth Circuit · Dec 19, 1996

To be held liable for unauthorized disclosure, an agent must “violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow, 457 U.S. at 818 , 102 S.Ct. at 2738 . … In no way had it been “clearly established” that an audit was not an administrative proceeding for purposes of § 6103(h)(4)(C).

United States v. Straub

538 F.3d 1147 · Court of Appeals for the Ninth Circuit · Aug 15, 2008

[Defense]: I would establish the time-frame, Your Honor, by the winter of 2003, which is consistent with the testimony we’ve been hearing about the shooting of Robert Garrett on February 8, 2003. … We began with the acknowledgment that if the prosecution intentionally caused the witness to invoke the Fifth Amendment, the law of our circuit clearly compelled a grant of use immunity: “In the past, our decisions on prose-cutorial

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.

Patrickson v. Dole Food Co.

251 F.3d 795 · Court of Appeals for the Ninth Circuit · May 30, 2001

First, they argue that Gates did not consider whether the indirect ownership of stock qualified as an “other ownership interest” under section 1603(b)(2). … We consider it far more prudent to state clearly that the effect of the litigation on the economies of foreign countries is of absolutely no consequence to our jurisdiction. .

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.

American Vantage Companies, Inc. v. Table Mountain Rancheria

292 F.3d 1091 · Court of Appeals for the Ninth Circuit · Jul 29, 2002

It is a well-established principle of statutory construction that “legislative enactments should not be construed to render their provisions mere surplusage.” Dunn v. … Fletcher, J., dissenting) ("[I]t is doubtful whether [a] Tribe qua sovereign would qualify as a 'citizen of the United States or other person’ eligible to bring an action under § 1983[.]”). 5 .

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.

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.

Gray v. Washington Department of Transportation

Court of Appeals for the Ninth Circuit · Dec 6, 2024

To pierce the protections of qualified immunity, Employees must allege a violation of a constitutional right that was “clearly established” at the time of the action. Pearson v. … But the officials are entitled to qualified immunity because the contours of the claimed right in the accommodations context were not clearly established or “sufficiently definite” such that a reasonable person in the shoes

Pompano v. City of Hermosa Beach

274 F. App'x 532 · Court of Appeals for the Ninth Circuit · Apr 17, 2008

MEMORANDUM ** Donald Jones, a sergeant with the Her-mosa Beach Police Department, appeals the district court’s denial of summary judgment on his assertion of qualified immunity from Mark Pompano’s claims under 42 U.S.C. § … Based upon those determinations, qualified immunity would not be available to Jones. See Saucier v. Katz, 533 U.S. 194 , 201-02, 121 S.Ct. 2151 , 2156, 150 L.Ed.2d 272 (2001); Sorrels v.

Willis W. Ritter v. Rogers C. B. Morton, Secretary of the Department of the Interior

513 F.2d 942 · Court of Appeals for the Ninth Circuit · Apr 4, 1975

THE SOVEREIGN IMMUNITY ISSUE Though under attack in other areas of the law, the doctrine of sovereign immunity is still very much alive in suits involving land title disputes. … Having established the proper placement of the meander line, the task remains of assessing its factual significance in relation to the omitted islands.

United States v. Vassar

40 F. App'x 463 · Court of Appeals for the Ninth Circuit · Jun 4, 2002

The district court did not clearly err in denying the additional one-level reduction under U.S.S.G. § 3E1.1(b)(2). II. … The issue is whether Vassar’s “dismissed” conviction under Washington law qualifies as an “expunged” conviction under Guidelines § 4A1.2(j).

Nilsen v. University of Washington

Court of Appeals for the Ninth Circuit · Aug 13, 2026

I The Individual UW officials are entitled to qualified immunity warranting dismissal of the § 1983 claims against them because Appellants have not shown that they violated any clearly established rights. … They fail to identify any case that meets the standard required by Zorn to clearly establish a cognizable right. Accordingly, the Individual UW officials are entitled to qualified immunity on these claims.

Allen v. Bosley

253 F. App'x 658 · Court of Appeals for the Ninth Circuit · Nov 2, 2007

Even assuming these statements are true, this does not establish that defendants acted with deliberate indifference to his serious medical needs. … Because Allen failed to raise a triable issue on the violation of his constitutional rights, “there is no necessity for further inquiries concerning qualified immunity.” Jeffers, 267 F.3d at 909 (quotations omitted).

Hepting v. AT & T Corp.

671 F.3d 881 · Court of Appeals for the Ninth Circuit · Dec 29, 2011

The Supreme Court has “almost never felt qualified to second-guess Congress regarding the permissible degree of policy judgment that can be left to those executing or applying the law.” … Zurko, 527 U.S. 150, 152-61 , 119 S.Ct. 1816 , 144 L.Ed.2d 143 (1999) (rejecting clearly erroneous standard and reaffirming substantial evidence standard of review for agency findings); Universal Camera Corp. v.

United States v. County Of Los Angeles

588 F.2d 1308 · Court of Appeals for the Ninth Circuit · Jan 8, 1979

The December 5, 1972 contract expressly provides that the "Hughes Glomar Explorer" is the property of the United States. 13 Thus, the contractual provisions concerning the classified government mission clearly recognized … The second proposition is equally untenable in that the facts did not establish any beneficial interest to Summa Corporation by the government operation of said vessel.

97 Cal. Daily Op. Serv. 607, 97 Daily Journal D.A.R. 947, 97 Daily Journal D.A.R. 997 State of Washington v. East Columbia Basin Irrigation District United States of America, East Columbia Basin Irrigation District, Cross-Claimant-Appellant v. United States of America, Cross-Defendant-Appellee

105 F.3d 517 · Court of Appeals for the Ninth Circuit · Jan 27, 1997

Control Purpose 8 The statutes relating to construction of the Columbia Basin Project, the Committee Bill that preceded the statutes, the letter of the Secretary of the Interior, and affidavits supplied by the government all establish … Congress clearly sought to ensure beyond doubt that sovereign immunity would protect the government from 'any' liability associated with flood control."

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).

Jolie Savage v. Paul Segura

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

“In reviewing the denial of summary judgment on qualified immunity grounds, we decide de novo whether the facts, considered in the light most favorable to the plaintiff, show that qualified immunity is warranted.” … official has violated was clearly established at the time of the violation.”

Roger Brass v. County of Los Angeles, Erroneously Sued as Los Angeles County Board of Supervisors Rick Thurlo, Individually and as a Peace Officer

328 F.3d 1192 · Court of Appeals for the Ninth Circuit · May 15, 2003

The court rejected Brass’s unlawful arrest claim (Count II) because Thurlo had probable cause to arrest him, and therefore was entitled to qualified immunity. … We held that Thur-lo had probable cause to arrest Brass, and therefore qualified immunity.