Case law

Robert Eugene Beene v. Cal A. Terhune James Nielson Roger Schaufel J.M. Widener, Parole Agent

380 F.3d 1149 · Court of Appeals for the Ninth Circuit · Aug 19, 2004

regardless of when the qualifying crime was committed. … State, 258 Ark. 553 , 528 S.W.2d 362, 364 (1975) (discussing evidence sufficient to establish intent to rape and requiring an “overt act” to establish intent).

Anderson v. Perez

Court of Appeals for the Ninth Circuit · Oct 11, 2024

23-2790 was clearly established at the time.” … Thus, Chief Perez is entitled to qualified immunity.1 2.

Brown v. Li

308 F.3d 939 · Court of Appeals for the Ninth Circuit · Oct 24, 2002

Qualified Immunity on the First Amendment Claim 44 We apply a three-step test to determine whether a defendant is entitled to qualified immunity on a federal constitutional claim. … Qualified Immunity on the Procedural Due Process Claim 85 Plaintiff also argues that Defendants violated his clearly established right to due process when they "withheld [Plaintiff's] degree and otherwise harmed [him] without

Boone v. Redevelopment Agency

841 F.2d 886 · Court of Appeals for the Ninth Circuit · Mar 1, 1988

From this, they conclude that the city and agency cannot rely on the statute to immunize their actions. … The standard governing attacks on economic regulations brought under the equal protection clause is well established.

United Cook Inlet Drift Assoc. v. Trinidad Corp.

71 F.3d 1447 · Court of Appeals for the Ninth Circuit · Nov 30, 1995

Clearly, this language invests the on-site hy-drographer with discretion over whether to run splits to cure any violations of the maximum spacing requirements. … To the extent there may be discretion to decide whether something qualifies as an “indication,” such a judgment necessarily rests on purely scientific grounds.

Kirkman v. State of California

Court of Appeals for the Ninth Circuit · Mar 23, 2026

“We review de novo the district court’s decision denying summary judgment on the basis of qualified immunity.” Peck v. Montoya, 51 F.4th 877, 884 (9th Cir. 2022) (citation omitted). We affirm. 1. … Accordingly, we affirm the district court’s denial of qualified immunity. See Landeros, 837 F.3d at 1013. AFFIRMED. 3 25-1889

Affordable Housing v. City of Fresno

Court of Appeals for the Ninth Circuit · Jan 10, 2006

Legislative Immunity. … Indeed the preeminence of the Amendment over fair housing was so firmly established by 1992 that officials of the federal Fair Housing Administration were denied qualified immunity and held liable in damages for chilling

Harris v. Kim

Court of Appeals for the Ninth Circuit · Nov 3, 2025

Finally, because it is not clearly established that Kim deliberately fabricated the evidence referenced above, it is likewise not clearly established that she violated Brady v. … “[W]e have jurisdiction over an interlocutory appeal from the denial of qualified immunity where the appeal focuses on whether the defendants violated a clearly established law given the undisputed facts, while we do not

United States v. Wyle (In re Pacific Far East Lines, Inc.)

889 F.2d 242 · Court of Appeals for the Ninth Circuit · Nov 8, 1989

The government raised the defense of sovereign immunity. … A refund in this case clearly serves the congressional intent to maximize returns to the creditors.

Denise Canzoneri v. Prescott Unified School

Court of Appeals for the Ninth Circuit · Nov 20, 2024

Dismissal of the individual defendants under the doctrine of qualified immunity was appropriate. Reviewing the grant of qualified immunity de novo, Thompson v. … to preclude qualified immunity.’”

Kay Riley v. City of Prescott

647 F. App'x 753 · Court of Appeals for the Ninth Circuit · Apr 5, 2016

II Kuykendall is not entitled to qualified immunity. Qualified immunity is assessed in two steps. … Riley’s constitutional rights were clearly established at the time of the violation.

Smith v. Baldwin

510 F.3d 1127 · Court of Appeals for the Ninth Circuit · Dec 26, 2007

The dissenting judge argued that, even assuming prosecutorial misconduct, “the evidence in this case is still insufficient to qualify Smith for Schlup v. Delo’s actual innocence gateway.” … Because they are inadmissible in Oregon courts, the results of Edmonds’s polygraph examination do not qualify as “evidence” for Brady purposes, let alone “material evidence.” Wood v.

97 Cal. Daily Op. Serv. 3245, 97 Daily Journal D.A.R. 5637 Jane Doe, for and on Behalf of Herself, Surviving Spouse, and on Behalf of the Surviving Children, a Doe, B Doe, and C Doe, of Decedent John Doe, and Independently as Representative of the Estate of John Doe, and as the Representative of Classes of Persons Similarly Situated v. American National Red Cross, a Foreign Corporation United Blood Services, a Division of Blood Systems, Inc., a Foreign Corporation Council of Community Blood Centers, a Foreign Corporation the University of Arizona S. Gerald Sandler, M.D., Alfred Katz, M.D., and Roger Dodd, M.D., in Their Individual and Official Capacities, Jane Doe, for and on Behalf of Herself, Surviving Spouse, and on Behalf of the Surviving Children, a Doe, B Doe, and C Doe, of Decedent John Doe, and Independently as Representative of the Estate of John Doe, and as the Representative of Classes of Persons Similarly Situated v. American National Red Cross, and United States of America, and Dennis Donohue, M.D., in His Individual and Official Capacities

112 F.3d 1048 · Court of Appeals for the Ninth Circuit · May 2, 1997

Dennis Donohue's ("Donohue" or "Appellee") motion to dismiss based on Donohue's qualified immunity. … Discussion 14 Although the district court granted Donohue's motion to dismiss based on qualified immunity, we affirm the decision based on other grounds.

Curtis Fauber v. Ronald Davis

43 F.4th 987 · Court of Appeals for the Ninth Circuit · Aug 5, 2022

The panel held that no clearly established federal constitutional law holds that an unaccepted plea offer qualifies as evidence in mitigation that must be admitted in a capital penalty proceeding. … No clearly established federal constitutional law holds that an unaccepted plea offer qualifies as evidence in mitigation that must be admitted in a capital penalty proceeding.

Albert Joseph Forn v. Thomas A. Hornung, Warden

343 F.3d 990 · Court of Appeals for the Ninth Circuit · Sep 24, 2003

Under AEDPA, a habeas corpus petition cannot be granted unless the state court decision was: (1) “contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court … Therefore, Lilly is "clearly established federal law” for purposes of AED-PA.

Hydranautics v. Filmtec Corporation, Opinion

204 F.3d 880 · Court of Appeals for the Ninth Circuit · Feb 23, 2000

Since Hydra-nautics cannot establish one element of the offense of malicious prosecution, summary judgment is appropriate. … The issues of fraud and perjury which Hydranautics seeks to litigate in its malicious prosecution action are not clearly identical to the issues litigated in the infringement action. B.

William C. Burnett v. Jesus Hernandez and Atilano Hernandez

263 F.2d 212 · Court of Appeals for the Ninth Circuit · Feb 20, 1959

Even judges are not immune from the smell of cases, although they are presumed to be immune from the aroma of “insurance” and “workmen’s compensation.” But a jury is presumed to be affected by these words. … And it did not clearly point up that there was an issue concerning the items of special damage.) Judgment reversed for a new trial.

Center for Biological Diversity v. Veneman

335 F.3d 849 · Court of Appeals for the Ninth Circuit · Jul 7, 2003

Here, the statutory scheme includes the sovereign immunity inquiry, Gallo Cattle Co. v. … Thus, because 5 U.S.C. § 706 (1) requires the court to establish a mandatory duty to act as part of the immunity inquiry, the district court properly addressed the merits in a motion to dismiss. .

Mutuelles Unies v. Kroll & Linstrom

957 F.2d 707 · Court of Appeals for the Ninth Circuit · Feb 25, 1992

III.The Judgment Immunity Rule Kroll argues that the district court should have held it immune under California law. Liability for legal advice in California is limited by the Judgment Immunity Rule. … Under Rule 804, a witness must be “unavailable” to qualify for a hearsay exception.

Brown v. Li

299 F.3d 1092 · Court of Appeals for the Ninth Circuit · Aug 12, 2002

Qualified Immunity on the First Amendment Claim 37 We apply a three-step test to determine whether a defendant is entitled to qualified immunity on a federal constitutional claim. … Qualified Immunity on the Procedural Due Process Claim 77 Plaintiff also argues that Defendants violated his clearly established right to due process when they "withheld [Plaintiff's] degree and otherwise harmed [him] without