Case law

United States v. Washington

233 F.2d 811 · Court of Appeals for the Ninth Circuit · May 14, 1956

. § 1345, but the assertion of jurisdiction is challenged at the outset with the claim that, by virtue of sovereign immunity, the District Court had no jurisdiction over the person of the State of Washington. … the district courts shall have original jurisdiction of all civil actions, suits or proceedings commenced by the United States * * * ” The suit at bar to quiet title in the Government in trust for certain Indian wards is clearly

Sablan v. Department of Finance of Northern Mariana Islands

856 F.2d 1317 · Court of Appeals for the Ninth Circuit · Sep 2, 1988

the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America. … On appeal, the various government officials who are named in their individual capacity do not raise any claim of absolute or qualified immunity.

Sarah Pence v. Thomas S. Kleppe, Individually and as Secretary of the Interior of the United States and His Agents, and the United States of America

529 F.2d 135 · Court of Appeals for the Ninth Circuit · Mar 23, 1976

The test for identifying a sufficient property interest is not clearly defined. … This procedure is established by regulations issued on July 30, 1974.

Sessions Tank Liners, Inc. Dba Southwest Tank Liners, Inc. v. Joor Manufacturing, Inc.

827 F.2d 458 · Court of Appeals for the Ninth Circuit · Sep 2, 1987

In any event, a more recent Supreme Court opinion has clearly established that a person’s petitioning immunity does not protect him from at least some deliberate misrepresentations made in pursuit of executive action. … Because such misrepresentations also fail to serve Noerr's policy or statutory interests, we see no reason to immunize them in antitrust if •they are not to be immune in libel.

Lehner v. United States

685 F.2d 1187 · Court of Appeals for the Ninth Circuit · Sep 3, 1982

Due Process Claim 14 The State of California has established a procedure whereby a mortgagee can hold a foreclosure sale without judicial intervention. See Cal.Civil Code § 2924 et seq. … She alleges that HUD mailed the notice to the wrong address. 5 Although we cannot determine whether her allegation is true, the record reveals clearly that she knew the foreclosure sale was imminent.

Rivera v. Anderson

Court of Appeals for the Ninth Circuit · Sep 9, 2026

Manual directing counties to follow the challenged statute established the requisite connection with enforcement. … But the President clearly did not promulgate the provision. And in Los Angeles County Bar Ass’n v.

Coszalter v. City Of Salem

320 F.3d 968 · Court of Appeals for the Ninth Circuit · Feb 18, 2003

Redevelopment Agency, 23 F.3d 1542, 1546 (9th Cir.1994), we decline to do so here. 59 Governmental officials are entitled to qualified immunity only "insofar as their conduct does not violate clearly established statutory … of the facts turns out to be true, defendants will not be entitled to qualified immunity.

John Gates v. Victor Fine Foods

54 F.3d 1457 · Court of Appeals for the Ninth Circuit · May 16, 1995

The [Act] uses it to determine whether an "agency" of the state may potentially qualify for foreign sovereign immunity itself under the [Act]. … Although FFF clearly entered into such loan agreements, Alberta Pork's role in GGFF's financing is less clear

Thomas Goldstein v. City of Long Beach

715 F.3d 750 · Court of Appeals for the Ninth Circuit · May 8, 2013

The prosecutorial immunity inquiry focuses on “policy considerations which compel civil immunity,” Imbler v. … ] that the functions for which a prosecutor may obtain absolute, as opposed to qualified, immunity parallel those for which a district attorney represents the state, as opposed to the county.”

Kelly v. United States

241 F.3d 755 · Court of Appeals for the Ninth Circuit · Feb 28, 2001

The Accident On the day of the áccident, Kelly and Lynn, who were both well-qualified, experienced pilots, made several trips from an airtanker base in Missoula to drop retardant on various fires. … United States, 831 F.2d 193 , 195 (9th Cir.1987) (holding that failure to maintain road in safe condition is not protected by the discretionary function exception because the conduct involves safety considerations under an established

98 Cal. Daily Op. Serv. 9161, 98 Daily Journal D.A.R. 12,816 Donald Maxwell Miller Janet Miller D.J. Miller Ranches Incorporated, an Oregon Corporation D & J Ranches, a Partnership Consisting of Donald Maxwell Miller and Janet Claire Miller v. United States

163 F.3d 591 · Court of Appeals for the Ninth Circuit · Dec 17, 1998

function exception, the government bears the burden of establishing that the test is met and that discretionary immunity applies. … report a discovered wildfire and take appropriate action until relieved; (2) not pass up an unmanned fire, even if the employee is not rated as meeting primary firefighter fitness standards; if the employee is the first qualified

People of the State of California v. Express Scripts, Inc.

139 F.4th 763 · Court of Appeals for the Ninth Circuit · Jun 2, 2025

Appeals from denials of qualified immunity, absolute immunity, sovereign immunity, and immunity under the Double Jeopardy Clause all immediately divest the district court of jurisdiction over the entire case against defendants … because these immunities represent an entitlement to avoid litigation altogether.

Adalberto Flores-Haro v. Stephen Slade

686 F. App'x 454 · Court of Appeals for the Ninth Circuit · Apr 5, 2017

We agree with the Defendants that the officers are entitled to qualified immunity. … In determining whether qualified immunity applies, “we consider (1) whether there has been a violation of a constitutional right; and (2) whether that 4 right was clearly established

Clara Louie, Representative for Wayne Louie, Deceased v. United States

776 F.2d 819 · Court of Appeals for the Ninth Circuit · Nov 13, 1985

The government argues that since the sovereign immunity of the State of Washington was abrogated in 1961 6 and since the sovereign immunity of political subdivisions and municipalities was abrogated in *825 1967, 7 the state … This underlying liability is clearly equivalent to the liability of “a private person or corporation.” RCW 4.96.010.

Association Des Eleveurs De Canards Et D'Oies Du Quebec v. Harris

729 F.3d 937 · Court of Appeals for the Ninth Circuit · Aug 30, 2013

Eleventh Amendment Immunity The district court determined that the Attorney General is not entitled to Eleventh Amendment immunity and did not address the State of California’s or the Governor’s immunity claims. … “It is well established that vagueness challenges to statutes Comm.

Cunningham v. Gates

312 F.3d 1148 · Court of Appeals for the Ninth Circuit · Jan 14, 2003

motion, but denied summary judgment for the others, rejecting their qualified immunity claims and concluding that Heck did not apply. 21 The City Officials and the officers filed an interlocutory appeal. … We then reversed, on qualified immunity grounds, the denial of summary judgment to some of the non-shooting officers, the council members, the City attorneys, and an SIS supervisor. Id. at 1286-94.

Elizabeth B. Johnson v. Charles B. MacCoy

278 F.2d 37 · Court of Appeals for the Ninth Circuit · Mar 31, 1960

Appellant concedes that “had [appellee] stopped with the first complaint and warrant, she [appellant] could not have pierced his [appellee’s] immunity.” … If a clear absence of jurisdiction can be established, then the first issuance must be as illegal as the second. 1 The appellee was a magistrate (California Penal Code § 807) designated specifically as such (California Penal

Samuel Eric Austin v. Cal A. Terhune, Director, and James Williams, Correctional Officer

367 F.3d 1167 · Court of Appeals for the Ninth Circuit · May 17, 2004

Prunty, 108 F.3d 251, 254-55 (9th Cir.1997) (holding that prison guard who engaged in “vulgar same-sex trash talk” with inmates was entitled to qualified immunity); Somers v. Thurman, 109 F.3d 614, 624 (9th Cir.1997). … Austin clearly presented a triable issue of outrageous conduct on the part of Williams, but he failed to provide any evidence of severe emotional distress or damage.

Steven Petersen v. Lewis County

663 F. App'x 531 · Court of Appeals for the Ninth Circuit · Oct 3, 2016

Garner, 471 U.S. 1 (1985), as clearly established federal law when 2 affirming the denial of qualified immunity in a deadly shooting case). … In citing the absence of clearly established federal law, the district court therefore erred in granting qualified immunity to McKnight on the excessive force claim.

Montana Medical Association v. Austin Knudsen

119 F.4th 618 · Court of Appeals for the Ninth Circuit · Oct 9, 2024

The plaintiffs are a hospital system, two offices of private physicians, a medical association, and several Montana residents with compromised immune systems who are allegedly “qualified individuals with a disability” under … ’s vaccination or immunization status,” and (3) use that information to “implement[] reasonable accommodation measures for employees, patients, visitors, and other persons who are not vaccinated or not immune to protect the