Case law

Sparkman v. Sparkman

703 F.2d 1097 · Court of Appeals for the Ninth Circuit · Apr 11, 1983

These arguments are without merit. 20 First, Sparkman inverts the immunity rule. The sovereign, along with its agencies and instrumentalities, enjoys immunity from suit unless it waives that immunity. … Such immunity must be waived expressly. See Painter v.

Leocadio Figueroa v. County of Los Angeles

651 F. App'x 709 · Court of Appeals for the Ninth Circuit · Jun 10, 2016

Figueroa, Deputy Perez may have violated a constitutional right that was clearly established. … However, this district court went a step further and instructed the jury on qualified immunity.

Tony Korab v. Patricia McManaman

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

The Fourteenth Amendment, of course, took account of these differences in the Privileges and Immunities Clause, which provided that the “privileges or immunities of citizens of the United States” could not be abridged, and … The disparate treatment is not immunized because the per capita expenditures might be the same. “Separate but equal” is not permitted.

Zelaya v. Las Vegas Metropolitan Police Department

682 F. App'x 565 · Court of Appeals for the Ninth Circuit · Mar 15, 2017

The alleged excessive force violated clearly established law. In Drummond ex rel Drummond v. … It was thus clearly established that continuing to press weight onto a detainee for a significant period of time after the detainee is subdued violates the Fourth Amendment.

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).

Floyd A. Wright v. United States of America, and Nathan Fletcher, Malcolm S. Segal and Does I Through Xxiii

719 F.2d 1032 · Court of Appeals for the Ninth Circuit · Nov 3, 1983

The Government argues that because under California law public employees are immune from liability for malicious prosecution the United States is also immune. See Cal. Gov’t Code § 821.6 (West 1980). … Indian Towing clearly established that under the FTCA the United States could be liable for the performance of activities private persons do not perform.

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

Glenn v. Washington County

661 F.3d 460 · Court of Appeals for the Ninth Circuit · Nov 4, 2011

the right was clearly established at the time of the alleged misconduct. … Smith, 394 F.3d at 703 (reversing district court’s grant of qualified immunity).

Pacific Stationery & Printing Co., an Oregon Corporation v. Northwest Wholesale Stationers, Inc., an Oregon Cooperative Corporation

715 F.2d 1393 · Court of Appeals for the Ninth Circuit · Sep 16, 1983

Per Se Condemnation of Group Boycotts It is important to establish at the outset just what antitrust violation is charged. … Therefore, the members’ decision to expel Pacific from the cooperative clearly was not initiated to further their business objectives by transferring to a more attractive distributor, but rather to refuse to deal with Pacific

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.

Rick Prancevic v. Danny MacAgni

567 F. App'x 498 · Court of Appeals for the Ninth Circuit · Apr 4, 2014

“[O]ur review is limited to the ‘purely legal issue whether the facts [adduced by the plaintiff] . . . support a claim of clearly established law.’” Alston v. … Such conduct would violate Prancevic’s clearly established First Amendment rights. See Soranno’s Gasco, Inc. v.

Cabazon Band of Mission Indians v. Wilson

124 F.3d 1050 · Court of Appeals for the Ninth Circuit · Sep 2, 1997

Eleventh Amendment Immunity The State contends that it is immune from the Bands’ action to enforce the Paragraph 19 obligation. … Feeney, 495 U.S. 299 , 110 S.Ct. 1868 , 109 L.Ed.2d 264 (1990) (general consent-to-suit provision coupled with statutory venue provision clearly indicate that states waived Eleventh Amendment immunity). B.

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.

Marcelo Rodriguez v. Georgios Kyriacos Panayiotou

314 F.3d 979 · Court of Appeals for the Ninth Circuit · Dec 3, 2002

One of the reasons that police officers receive qualified immunity is so that society may avoid “the diversion of official energy from pressing public issues.” Harlow, 457 U.S. at 814 , 102 S.Ct. 2727 . … Police officers have been protected from suit by a zone of qualified immunity for acts that reasonable officers would not have known to be illegal.

Bahnson v. Office of Pima County Sheriff

56 F.3d 70 · Court of Appeals for the Ninth Circuit · May 24, 1995

Zenith Radio Corp., 475 U.S. 574, 587 (1986). 5 Adding a wrinkle to the summary judgment standard in this case is the fact that these defendants enjoy qualified immunity. Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982). … Officers are liable for damages only if their conduct violated clearly established constitutional rights of which a reasonable person would have known. Id.

Montana v. Gilham

127 F.3d 897 · Court of Appeals for the Ninth Circuit · Oct 22, 1997

The tribes’ status as distinct, independent political communities qualified to exercise powers of self-government arises from their original tribal sovereignty over their members rather than from any constitutional source … Iron Bear established criteria by which a Montana state district court should assess whether a suit was more appropriately heard in tribal court. Id. at 1299.

Gondek v. Hebhardt

56 F. App'x 780 · Court of Appeals for the Ninth Circuit · Feb 3, 2003

For her disparate treatment claim, she was required to demonstrate that “(1) she belongs to a protected class; (2) she was qualified for the position; (3) she was subjected to an adverse employment action; and (4) similarly … We agree with the district court that Donna Gondek failed to establish a prima facie case of either disparate treatment or hostile working environment.

Independent Living v. Shewry

Court of Appeals for the Ninth Circuit · Jul 9, 2009

We will not penalize the Director for employing an established semantic con- vention. 9016 INDEPENDENT LIVING v. MAXWELL-JOLLY court, the Director waived whatever immunity he had in state court. … immunity).

Philip Galanti v. Ndoc

65 F.4th 1152 · Court of Appeals for the Ninth Circuit · Apr 25, 2023

immunity shields the officer-defendants from liability, and NDOC is not a proper party. … He asserts that Defendants did 3 Relatedly, Defendants argue that the officer-defendants are entitled to qualified immunity because “Nevada law does not provide inmates with a clearly established liberty interest in parole

Coyle v. P.T. Garuda Indonesia

363 F.3d 979 · Court of Appeals for the Ninth Circuit · Apr 12, 2004

The Badens paid for the tickets in Indonesian Rupiah, and the tickets were clearly labeled “DOMESTIK.” … Here, plaintiffs' tickets clearly indicate that Delhi was the starting point of plaintiffs' travel.