Case law

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.

Kenneth GAGER; Deanna Gager, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee

149 F.3d 918 · Court of Appeals for the Ninth Circuit · Jun 26, 1998

The government claimed immunity from suit under two exceptions to the FTCA’s waiver of sovereign immunity for tort claims against the United States: the postal matter exception, 28 U.S.C. § 2680 (b), and the discretionary … In our case, however, the Postal Service’s decision was clearly rooted in social, economic, and political policy, thereby invoking the discretionary function exception.

Kescoli v. Babbitt

101 F.3d 1304 · Court of Appeals for the Ninth Circuit · Nov 22, 1996

Relying on the well-established rule that a case is moot if the court cannot “undo what has already been done,” we concluded the appeal was moot. Id. at 1069 (quoting Friends of the Earth v. … The sovereign immunity of the Navajo Nation and the Hopi Tribe, conceded by the parties, prevents them from being joined involuntarily unless they waive their immunity. McClendon v.

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.”

Webb v. Sloan

330 F.3d 1158 · Court of Appeals for the Ninth Circuit · May 29, 2003

Defendants appealed, seeking review on the issue of qualified immunity. Plaintiff responded to the appeal and filed a motion to certify the appeal as frivolous. … First, it excluded time spent on three motions that Plaintiff did not win: a motion to certify as frivolous Defendants' interlocutory appeal of the court's qualified immunity decision, a motion for interim fees, and a motion

Bob Lokey v. H. L. Richardson

600 F.2d 1265 · Court of Appeals for the Ninth Circuit · Jul 11, 1979

The record neither establishes nor eliminates the possibility that such state-based expectations or rights with respect to appellant’s confinement existed. … California argues that damages cannot be assessed because the appellee officials acted in good faith and therefore enjoyed qualified immunity from liability under section 1983.

Zazzali v. United States (In Re DBSI, Inc.)

869 F.3d 1004 · Court of Appeals for the Ninth Circuit · Aug 31, 2017

The question, then, is whether, in the bankruptcy context, Congress’s abrogation of sovereign immunity with respect to Section 544(b)(1) extends to the underlying state cause of action, or whether a trustee must also establish … IN RE DBSI, INC. 17 In sum, we conclude that the text of Section 106(a)(1) is unambiguous and clearly abrogates sovereign immunity as to Section 544(b)(1), including the underlying state law cause

United States v. State of California

921 F.3d 865 · Court of Appeals for the Ninth Circuit · Apr 18, 2019

The district court did not, however, enjoin the provisions of AB 450 that establish employee- notice requirements. … The United States argues that the proposition that intergovernmental immunity is only implicated when federal activities are obstructed “is clearly wrong, because it would render the intergovernmental-immunity doctrine entirely

Leland J. Seyler and Aileene Seyler, Husband and Wife v. United States

832 F.2d 120 · Court of Appeals for the Ninth Circuit · Oct 28, 1987

“[T]he test established by the Tort Claims Act for determining the United States’ liability is whether a private person would be responsible for similar negligence under the laws of the State where the acts occurred.” … Because the record is clearly insufficient for entry of summary judgment on the discretionary function issue, we reverse this part of the district court’s order as well. REVERSED. 1 .

DeNardo v. Smith

43 F. App'x 118 · Court of Appeals for the Ninth Circuit · Jul 30, 2002

Murphy, 781 F.2d 1345, 1346 (9th Cir.1986), and that DeNardo failed to establish any basis to toll the statute of limitations, see Compton v. … immunity.

Tony Korab v. Patricia McManaman

748 F.3d 875 · Court of Appeals for the Ninth Circuit · Apr 1, 2014

divergent naturalization laws, which allowed an alien ineligible for citizenship in one state to move to another state, obtain citizenship, and return to the original state as a citizen entitled to all of its privileges and immunities … The dissent that our reference to Congress's clearly expressed will demonstrates our “confusion as to whether this an equal protection or a preemption case.” Dissent at 908 n. 7. We are not confused.

Tabi v. Luzader

Court of Appeals for the Ninth Circuit · May 5, 2026

“When evaluating a denial of summary judgment on the issue of qualified immunity, our review is limited to the ‘purely legal issue whether the facts alleged . . . support a claim of clearly established law.’” … To determine whether officials are entitled to qualified immunity, we “must decide ‘whether “the officer’s conduct violated a constitutional right” and whether “the right was clearly established” at the time of the alleged

Hopkins v. Andaya

958 F.2d 881 · Court of Appeals for the Ninth Circuit · Mar 24, 1992

In Fourth Amendment unreasonable force cases, unlike in other cases, the qualified immunity inquiry is the same as the inquiry made on the merits. See, e.g., Curnow v. … For this reason, we do not consider the qualified immunity issue separately in this case 4 Andaya testified to this point more than once: Q: At that time, did he have anything in his hands?

Wilbur v. Locke

423 F.3d 1101 · Court of Appeals for the Ninth Circuit · Sep 9, 2005

Baker, 63 F.3d 1478, 1489 (9th Cir.1995) ("[T]he right of a state to impose and enforce a tax on cigarettes sold by Indians to nontribal members is . . . clearly established"). 24 The district court's focus on the anticipated … "Federally recognized Indian tribes enjoy sovereign immunity from suit, and may not be sued absent an express and unequivocal waiver of immunity by the tribe or abrogation of tribal immunity by Congress."

United States v. Heriberto Sandoval-Venegas

292 F.3d 1101 · Court of Appeals for the Ninth Circuit · Jun 14, 2002

If the statute fails to qualify, we move to the second step in which we may also “examine documentation or judicially noticeable facts that clearly establish that the conviction is a predicate conviction for enhancement purposes … Nothing in the record clearly establishes that the burglary conviction qualified as a “crime of violence” for purposes of § 4B1.1.

United States v. County of Los Angeles

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

The United States Government’s contention that it is immune from the assessment of the ad valorem tax is correct. … 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.

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.

Faras v. Hodel

845 F.2d 202 · Court of Appeals for the Ninth Circuit · Apr 22, 1988

The court did not address the agency’s sovereign immunity challenge. Faras contests each of the district court’s rulings in this appeal. … Therefore, her dispute qualifies as an appeal under part 2.

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

Richard A. Balser Corinne L. Balser v. Department of Justice, Office of the United States Trustee

327 F.3d 903 · Court of Appeals for the Ninth Circuit · Apr 29, 2003

immunity. … The basis of a Bivens action is some illegal or inappropriate conduct on the part of a federal official or agent that violates a clearly established constitutional right. See Davis v.