Case law

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).

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.’

99 Cal. Daily Op. Serv. 2195, 1999 Daily Journal D.A.R. 2890, 1999 Daily Journal D.A.R. 4219 Clayton Crofton, Plaintiff-Appellant-Cross-Appellee v. Jane Roe Domingo Ocanaz, Defendants-Appellees-Cross-Appellants

170 F.3d 957 · Court of Appeals for the Ninth Circuit · May 5, 1999

The district court also held that even if Crofton had suffered damages, the defendants were entitled to qualified immunity. … The district court further held that even if Crofton had established damages, the individual defendants were entitled to qualified immunity.

Elvira Fernandez v. Sergio Virgillo

651 F. App'x 692 · Court of Appeals for the Ninth Circuit · Jun 10, 2016

In any event, notwithstanding the limitations imposed by Arizona law, Virgillo is entitled to qualified immunity, because it was not clearly established on October 5, 2010, that Virgillo’s use of his taser was excessive … Virgillo is entitled to qualified immunity, because Fernandez can point to no authority clearly establishing that he needed to intervene in some other manner, at least prior to the point that Chrisman blocked Daniel’s path

Robert J. Pelletier v. Federal Home Loan Bank of San Francisco United States of America, John W. Behrens

145 F.3d 1094 · Court of Appeals for the Ninth Circuit · Jun 3, 1998

We have held that Behrens was entitled to immunity on plaintiffs claim that *1095 the termination itself violated due process, because plaintiff had no clearly established liberty or property interest in a position that was … clearly established interest either.

Downs v. Nevada Taxicab Authority

554 F. App'x 566 · Court of Appeals for the Ninth Circuit · Jan 29, 2014

“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.’” … Ferriolo is entitled to qualified immunity on Jimmy Downs’s Fourth Amendment excessive force claim.

Hyuk Lim v. Eric H. Holder Jr.

710 F.3d 1074 · Court of Appeals for the Ninth Circuit · Mar 26, 2013

SUMMARY** Immigration The panel denied Hyuk Joon Lim’s petition for review of the Board of Immigration Appeals’ decision finding him ineligible for cancellation of removal for failure to establish … HOLDER 5 Mezei, 345 U.S. 206, 210 (1953) (“[T]he power to expel or exclude aliens [is] a fundamental sovereign attribute . . . largely immune from judicial control.”).

John Colwell v. Robert Bannister

763 F.3d 1060 · Court of Appeals for the Ninth Circuit · Aug 14, 2014

We express no opinion regarding whether the defendants are entitled to qualified immunity on Colwell's claim for damages, leaving the district court to address that issue in the first instance. See Richardson v. … Runnels, 594 F.3d 666, 672 (9th Cir.2010) ("Here, we do not reach qualified immunity because the issue has never been addressed by the district court.”); Schneider v.

Jarron Edmond v. Kurt Lockwood

Court of Appeals for the Ninth Circuit · Mar 9, 2023

If a police officer’s conduct violated a constitutional right and the unlawfulness of their conduct was clearly established at the time of the incident, the officer is not entitled to qualified immunity. … But even under Edmond’s version of events, no clearly established law shows that Officer Lockwood used excessive force in violation of the Constitution. Thus, Lockwood is entitled to qualified immunity.

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.

Crawley v. Williams

Court of Appeals for the Ninth Circuit · Jan 16, 2026

We disagree with the district court that Williams violated clearly established law in denying Crawley’s grievance. … and Hollaway are not entitled to qualified immunity.

United States v. Gilberto Pimentel-Flores

339 F.3d 959 · Court of Appeals for the Ninth Circuit · Aug 11, 2003

Section 1326 establishes the penalty provisions for the offense of illegal reentry. … clearly establish that the conviction is a predicate conviction for enhancement purposes” under the "modified categorical approach."

Baxter v. D'Amico

327 F. App'x 696 · Court of Appeals for the Ninth Circuit · Apr 30, 2009

Based on the record before us, it is unclear whether D’Amico’s decision regarding Baxter’s surgery would qualify for immunity under Martinez . … Institute of Technology, 339 F.3d 1158 , 1181 n. 28 (9th Cir.2003) (“[W]ith the federal claims finally disposed of, the appropriate forum for addressing the state law claims is clearly the state court.”).

Baxter v. D'Amico

327 F. App'x 696 · Court of Appeals for the Ninth Circuit · Apr 30, 2009

Based on the record before us, it is unclear whether D’Amico’s decision regarding Baxter’s surgery would qualify for immunity under Martinez . … Institute of Technology, 339 F.3d 1158 , 1181 n. 28 (9th Cir.2003) (“[W]ith the federal claims finally disposed of, the appropriate forum for addressing the state law claims is clearly the state court.”).

Selto v. County of Clark

Court of Appeals for the Ninth Circuit · Jul 16, 2024

Even when government officials violate a plaintiff’s constitutional right, they are entitled to qualified immunity unless the right was “clearly established” 4 … Construing all facts and inferences in Peterson’s favor, a jury could reasonably conclude that Defendants violated Peterson’s clearly established Fourth Amendment right.

Daniel Barrera v. David Krause

Court of Appeals for the Ninth Circuit · Feb 17, 2023

We have encouraged district courts to clearly “articulate the basis upon which they deny qualified immunity.” Maropulos v. County of Los Angeles, 560 F.3d 974, 976 (2009) (per curiam). … Whether qualified immunity bars these claims is therefore a closer, fact- bound question.

Center for Legal Studies, Inc. v. Lindley

1 F. App'x 662 · Court of Appeals for the Ninth Circuit · Jan 8, 2001

We have held that such references “do not qualify as motions under [R]ule 56(f)[, which] requires affidavits setting forth the particular facts expected from the movant’s discovery.” Brae Transp., Inc. v. … follows: Where the statute regulates even-hand-edly to effectuate a legitimate local public interest, and its effects on interstate commerce are only incidental, it will be upheld unless the burden imposed on such commerce is clearly

Ralph Barnett v. Kaiser Foundation Health Plan, Inc.

32 F.3d 413 · Court of Appeals for the Ninth Circuit · Aug 4, 1994

Although the record does not establish a formal adoption of the criteria in the minutes of the Advisory Board meetings, Dr. … Kaufman clearly testified both in deposition and at trial that the Advisory Board adopted the criteria and that each member of the Board had a written copy of the criteria.

America West Airlines, Inc. v. GPA Group, Ltd.

877 F.2d 793 · Court of Appeals for the Ninth Circuit · Jun 12, 1989

direct effect” in the United States, divests Aerlinte and Aer Lingus of sovereign immunity. … The district court concluded that this was merely another effort to establish jurisdiction through allegations that simply could not be proven.

United States v. Natividad Duran, United States of America v. Martin Roman, United States of America v. Rodolfo Almaraz Mora

189 F.3d 1071 · Court of Appeals for the Ninth Circuit · Aug 31, 1999

Montoya, 945 F.2d 1068, 1078 (9th Cir.1991), or “grant[s] immunity to a witness in order to obtain his testimony, while denying immunity to a defense witness whose testimony would directly contradict that of the government … In addition, the court did not clearly err in finding that Roman was not a minor participant in that transaction.