Case law

Muin Mustafa v. Clark County School District, Edward Goldman, and Daniel Hussey

157 F.3d 1169 · Court of Appeals for the Ninth Circuit · Sep 22, 1998

Finally, Goldman’s defense of qualified immunity must fail. … “Government officials are entitled to-qualified immunity only if a reasonable person would not have been *1181 aware that the actions at issue violated well established statutory or constitutional rights.”

United States v. Walker Bennett Monroe

943 F.2d 1007 · Court of Appeals for the Ninth Circuit · Aug 21, 1991

This finding is clearly supported by the record. Bender’s plea agreement contemplated that he would be given immunity “for any offenses [he] committed which were [then] known by the government.” R.T. 4/20/89 at 72. … These findings are clearly supported by the record.

Chien Van Bui v. City & County of San Francisco

699 F. App'x 614 · Court of Appeals for the Ninth Circuit · Jun 28, 2017

Officers Ortiz and Wilson are entitled to qualified immunity on Plaintiffs’ Fourteenth Amendment familial interference claim. … immunity.

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.

BOWELS v. CITY OF PORTERVILLE

571 F. App'x 538 · Court of Appeals for the Ninth Circuit · May 1, 2014

In determining whether an officer is entitled to qualified immunity, we consider: (1) whether there has been a violation of a constitutional right; and (2) whether that right was clearly established at the time of the officer … In Ashcroft v. al-Kidd, — U.S.-, 131 S.Ct. 2074, 2083 , 179 L.Ed.2d 1149 (2011), the Supreme Court further defined when a right is clearly established.

Blackburn v. United States

100 F.3d 1426 · Court of Appeals for the Ninth Circuit · Nov 19, 1996

Blackburn’s reliance on Summers to establish that the NPS lacked discretion in the present case is misplaced. … This, in turn, established a mandatory duty under federal law for the NPS to comply with ... for purposes of the FTCA” We reject Blackburn’s argument.

Chong Yia Yang v. California Department of Social Services

183 F.3d 953 · Court of Appeals for the Ninth Circuit · Jun 24, 1999

Pursuant to this amendment, qualified Hmong once again became eligible for food stamps effective November 1, 1998. … On appeal, DSS and Anderson do not assert an Eleventh Amendment immunity defense to this claim.

Sheila Conatser v. North Las Vegas Police Department

445 F. App'x 932 · Court of Appeals for the Ninth Circuit · Aug 2, 2011

established law.” … We have jurisdiction to review such summary judgment orders to the extent they decide that “a given set of facts violates clearly established law,” but not to the extent they decide that “an issue of fact is ‘genuine.’

Phillip Harmon v. Tim Anderson

384 F. App'x 673 · Court of Appeals for the Ninth Circuit · Jun 21, 2010

. § 1983 action denying them summary judgment on the basis of qualified immunity. … Rees is also entitled to qualified immunity; he was not deliberately indifferent to a substantial risk of serious harm to Harmon and thus did not violate Harmon’s clearly established Fourteenth Amendment rights.

David v. Leskovic

Court of Appeals for the Ninth Circuit · Jul 18, 2025

We apply a two-part test to determine whether officials are entitled to qualified immunity: (1) whether the facts as shown “make out a violation of a constitutional right, and (2) if so, whether that right was ‘clearly … Thus, resolving factual disputes in Davids’ favor, as we must at this stage, Appellants’ actions violated the clearly established core contours of David’s familial association rights.

Denk v. Miller

Court of Appeals for the Ninth Circuit · Mar 17, 2025

“Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Kisela v. … Connor, 490 U.S. 386 (1989)] . . . by themselves create [the] clearly established law.’” Kisela, 584 U.S. at 104–05 (citations omitted).

Murray v. Arizona Department of Corrections

171 F. App'x 539 · Court of Appeals for the Ninth Circuit · Feb 22, 2006

We also review de novo decisions regarding qualified immunity and summary judgment. Sorrels v. McKee, 290 F.3d 965, 969 (9th Cir.2002). We affirm in part, vacate in part, and remand. … Accordingly, defendants were entitled to qualified immunity as to Count Two of Murray’s amended complaint. See Sorrels, 290 F.3d at 969-71 .

Miranda B. v. Kitzhaber

328 F.3d 1181 · Court of Appeals for the Ninth Circuit · May 14, 2003

Congress clearly intended to abrogate state immunity under Title II; 4 the question here is whether it "act[ed] pursuant to a valid grant of constitutional authority." … We disagree. 29 Clearly sovereign immunity is not directly implicated: suits brought under § 1983 against individual officers in their individual capacity for violations of the Constitution do not implicate sovereign immunity

David Quillin, and All Other Similarly Situated Employees of the State of Oregon Mike Reinecke Carl Salter Glen Rader Terry Springer James R. Simpson Richard Brooke Patrick Gregg Terry Griffith Richard Wingfield Lawrence Belcher Glen McDonald Garold Assmus Roger Clark Ken Stern James Mediger Kenneth Chichester Randle John Sitton Art Walker Dennis Dotson Ron Nelson Charles E. Hayes Mike Ross Andrew M. Olson James F. Grammer v. State of Oregon Leron Holand, in His Individual Capacity, William D. Stuhr, and All Other Similarly Situated Employees of the State of Oregon Roberto Reyes-Colon Robert Allan Jarvill Randy C. Martinak Cynthia Eisenmeyer Judith Stone David A. Young Lavon Hall Daryl W. Reister Robert R. Amela Virginia M. Edwards Alice Ellis Karen Eastman Dennis Belsky Harvey L. Suwol Nancy J. Blanchard Roger C. Wagner Ernest F. Oakes v. State of Oregon

127 F.3d 1136 · Court of Appeals for the Ninth Circuit · Oct 21, 1997

The State's failure to raise an immunity defense before the district court, at a time where it was clearly foreclosed by Union Gas, is far from an express or implied waiver. … Given the lack of any other evidence establishing waiver, review by a federal court is foreclosed. 8 Appellants also request this court to avoid the inherent unfairness of dismissal.

Feinstein v. Nettleship Co. Of Los Angeles

714 F.2d 928 · Court of Appeals for the Ninth Circuit · Sep 1, 1983

In Klamath-Lake, we held that the practice of shifting the risk of pharmacy costs, as well as medical costs, qualified as the business of insurance. … The state regulation requirement clearly is satisfied in this case. 24 B.

Pinal Creek Group v. Newmont Mining Corp.

118 F.3d 1298 · Court of Appeals for the Ninth Circuit · Jul 2, 1997

Bay Area Battery, 895 F.Supp. 1524, 1533 (N.D.Fla.1995) (“section 113(f) qualifies the broad cause of action created in section 107(a)”); Boeing Co. v. … Section 113(g)(3) establishes a three-year statute of limitations for “contribution” actions, while § 113(g)(2) generally establishes a six-year statute of limitations for “cost recovery” actions brought under § 107. 42 U.S.C

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. … The "Application ... to Establish Procedure" was filed eight months later.

Blajro v. Citizenship

811 F.3d 1086 · Court of Appeals for the Ninth Circuit · Oct 23, 2015

The Supreme Court has frequently cautioned against finding implied waivers of sovereign immunity. Id. … Second, if Mayock cannot establish standing for a pattern or practice claim against USCIS delays upon remand, who can?

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.

Redwood Empire Life Support v. The County Of Sonoma

190 F.3d 949 · Court of Appeals for the Ninth Circuit · Sep 10, 1999

Therefore, so long as the County's contract with Sonoma Life Support establishes an exclusive operating area for services contemplated by the EMS Act, it is immune from federal antitrust laws. … In Columbia Steel, we concluded that the commission's approval of an exchange of properties between the two utilities did not satisfy the threshold test for state action immunity established in Parker.