Case law

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

Jack Potter v. City of Lacey

46 F.4th 787 · Court of Appeals for the Ninth Circuit · Aug 18, 2022

[was] better qualified to answer . . . in the first instance.’” Pacheco v. … The latter two components spring from the Privileges and Immunities Clause of Article IV, § 2, and the Privileges or Immunities Clause of the Fourteenth Amendment, respectively. Id. at 501–03.

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.’”

Margaret B. PACK, Appellant, v. ENERGY RESEARCH & DEVELOPMENT ADMINISTRATION Et Al., Appellees

566 F.2d 1111 · Court of Appeals for the Ninth Circuit · Dec 30, 1977

The official EEO decision, based on the record, was that appellant had not established sex discrimination. … No evidence whatsoever was introduced to demonstrate that the lower-grade professional women were qualified to occupy the higher positions or that there elsewhere existed a pool of qualified .women applicants.

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.

D.A. Rickards v. Canine Eye Registration Foundation, Inc.

783 F.2d 1329 · Court of Appeals for the Ninth Circuit · Feb 27, 1986

While the mere expression of anticompetitive intent is insufficient to establish a section 1 claim, the record establishes acts committed in furtherance of the conspiracy. … The district court's damage award was not clearly erroneous. D.

Armstrong v. Davis

275 F.3d 849 · Court of Appeals for the Ninth Circuit · Jan 3, 2002

Sovereign Immunity 75 The defendants have not raised the issue of sovereign immunity in this case. Accordingly, any defendants to whom sovereign immunity might apply have waived that affirmative defense. … of Eleventh Amendment immunity" will be construed as a waiver.

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.

Trustees of the Screen Actors Guild-Producers Pension & Health Plans v. NYCA, Inc.

572 F.3d 771 · Court of Appeals for the Ninth Circuit · Jul 15, 2009

The question whether Couples’ “gross compensation” includes sums paid by TaylorMade is not clearly answered. … Our own court also has not been immune from this confusion. We have sometimes implied, though never expressly held, that § 1145 is a jurisdictional provision. See Crotty v.

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

Edward Michael Moore v. Byron Nelson, Jr., Chief Judge of the Hoopa Valley Tribal Court Leonard Masten, Chief of Hoopa Valley Tribal Police Department

270 F.3d 789 · Court of Appeals for the Ninth Circuit · Oct 26, 2001

Bail status clearly restricts liberty in a way that a purely monetary fine does not; the petitioner “cannot come and go as he pleases.” Hensley, 411 U.S. at 351 , 93 S.Ct. 1571 . … Indeed, we invoked Hensley when, in Edmunds , we held that a “fine only” sentence did not qualify for habeas corpus review. Edmunds, 509 F.2d at 41 .

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

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.

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. .

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.

Equal Employment Opportunity Commission v. Peabody Western Coal Company

400 F.3d 774 · Court of Appeals for the Ninth Circuit · Mar 10, 2005

Rather, Peabody argues that the district court lacked jurisdiction because of the Nation’s sovereign immunity. *781 In many cases in which we have found that an Indian tribe is an indispensable party, tribal sovereign immunity … Tribal sovereign immunity does not “act as a shield against the United States,” even when Congress has not specifically abrogated tribal immunity. United States v.

Kenneth Reed v. Karen Barcklay

634 F. App'x 184 · Court of Appeals for the Ninth Circuit · Dec 18, 2015

Barcklay argues that she is entitled to qualified immunity because she did not violate Reed’s clearly established rights. However, viewing the facts in the light most favorable to Reed, Dr. … It was clearly established that a physician’s failure to provide treatment that would alleviate an inmate’s significant pain could constitute deliberate indifference in violation of the Eighth Amendment. See Jett v.

Woodrum v. Woodward County

866 F.2d 1121 · Court of Appeals for the Ninth Circuit · Jan 25, 1989

“[Ejxisting Supreme Court and Ninth Circuit precedent establish that a *1125 parent has a constitutionally protected liberty interest in the companionship and society of his or her child. … Rosson’s child molestation reports are entitled to immunity under Cal. Welf. & Inst.Code § 306. See also Cal. Penal Code § 11172 . Rosson’s filing of the custody petition is entitled to absolute immunity. See Holt v.

Dillon Rock v. Mike Miller

Court of Appeals for the Ninth Circuit · Aug 14, 2024

An officer is entitled to qualified immunity unless the plaintiff shows that (1) the officer violated the plaintiff’s constitutional right and (2) the right was “clearly established at the time of the officer’s actions. … Officer Miller is thus not entitled to qualified immunity. 2.