Case law

Hammer v. Gross

884 F.2d 1200 · Court of Appeals for the Ninth Circuit · Sep 6, 1989

They argue that neither the officer’s actions nor the City policy regarding the use of force were unconstitutional and that, in any event, the individual officers were entitled to qualified immunity. We reverse. … Defendants moved for summary judgment on November 10, 1986, asserting that the individual defendants were entitled to qualified immunity and that, because Zatarain contended that he was five feet away from Hammer during the

Bruce Foy Lowry v. Samuel Lewis

21 F.3d 344 · Court of Appeals for the Ninth Circuit · Apr 7, 1994

. *346 To demonstrate ineffective assistance of counsel, Lowry must establish deficient performance and prejudice. Strickland v. … The ground on which Lowry and the other prisoners lost their civil suit, qualified immunity, does not compel the conclusion that they would have lost suppression motions in their criminal cases. But they did.

Erin Holmes v. Merck & Company, Inc.

697 F.3d 1080 · Court of Appeals for the Ninth Circuit · Sep 25, 2012

If a person is not qualified to file a petition for compensation under the Program, then this subsection’s exhaustion requirement does not apply. § 300aa-11(a)(9). … Pa 2007) (“Vaccine Act clearly bars claims based on a vaccine manufacturer’s failure to provide warnings to an indi- vidual who receives its vaccine.”). 11804 HOLMES v. MERCK & CO., INC.

United States v. Kent Borden Rogers, United States of America v. Jacob N. Peilte

722 F.2d 557 · Court of Appeals for the Ninth Circuit · Dec 28, 1983

This finding must be upheld unless clearly erroneous. See United States v. Provenzano, 620 F.2d 985, 1005 (3d Cir. 1980), cert. denied, 449 U.S. 899 , 101 S.Ct. 267 , 66 L.Ed.2d 129 (1980); United States v. … The government is otherwise under no duty to file charges as soon as probable cause exists or even when there is enough evidence to establish guilt beyond a reasonable doubt.

Kajander v. City of Phoenix

227 F. App'x 637 · Court of Appeals for the Ninth Circuit · Apr 10, 2007

were clearly established as constitutionally suspect at the time of the incident. … We decline to reach the question of qualified immunity since the plaintiff failed to allege any Fourth Amendment violation as part of her 42 U.S.C. § 1983 claim in her complaint.

Security Pacific National Bank v. Derderian

872 F.2d 281 · Court of Appeals for the Ninth Circuit · Mar 21, 1989

Nominees Establishment v. … Thus, the court’s findings of fact are established for the purposes of this appeal. . The clerk entered a default against Jocovic on January 9, 1986.

United States v. Dominic Phillip Brooklier, Samuel Orlando Sciortino, Louis Tom Dragna, Michael Rizzitello, and Jack Locicero

685 F.2d 1208 · Court of Appeals for the Ninth Circuit · Sep 3, 1982

We have examined the record and are of the opinion the district court’s interpretation of the plea agreement is reasonable and is not clearly erroneous. … However, the mere threat of a grand jury subpoena for failure to cooperate does not constitute an offer of immunity. Statements made in confidence are not immune absent an unconditional promise of confidentiality.

Reese v. Jefferson School District No. 14J

208 F.3d 736 · Court of Appeals for the Ninth Circuit · Mar 29, 2000

In establishing the requisites for liability, the Davis Court relied on its recent opinion in Gebser v. Lago Vista Indep. … immunity from the plaintiffs’ § 1983 claim.

Deschutes River Alliance v. Pge

Court of Appeals for the Ninth Circuit · Jun 23, 2021

The Eighth Circuit held that Congress clearly indicated in RCRA its intent to abrogate tribal immunity. Id. at 1097. … In Osage Tribal Council, the Tenth Circuit held that the enforcement provision for whistleblowers in the Safe Drinking Water Act (“SDWA”) is “unambiguous,” establishing that Congress had “unequivocally waived tribal immunity

Handte v. Hosmer

327 F. App'x 1 · Court of Appeals for the Ninth Circuit · Nov 14, 2008

Even if the process afforded fell below the constitutionally required minimum, the Defendants are entitled to qualified immunity because they did not violate clearly established law. See Dias v. … Elique, 436 F.3d 1125, 1132 (9th Cir.2006) (holding police officers’ official termination did not “violate a clearly established due process right because [they] were offered, but declined to attend, an informal hearing prior

Farr v. U.S. West Communications, Inc.

151 F.3d 908 · Court of Appeals for the Ninth Circuit · Jun 15, 1998

But these employees were not even told what the phrase “qualifying amount” meant or that amounts that did not “qualify” would be taxed as ordinary income in the year received. One suspects that if the CEO of U.S. … But as this case so aptly demonstrates, perhaps Congress should rethink the limited remedies provided in § 502 and afford a greater range of relief to beneficiaries when a fiduciary so clearly breaches its duties.. .

Los Angeles Branch NAACP v. Los Angeles Unified School District

714 F.2d 946 · Court of Appeals for the Ninth Circuit · Sep 1, 1983

State immunity under the Eleventh Amendment “will be considered abrogated ... only when the statute or its legislative history clearly indicates a Congressional intention to abrogate that immunity.” V.O. Motors, Inc. v. … Thus, the Governor’s general duty to enforce California law under the circumstances of this case does not establish the requisite connection between him and the unconstitutional acts alleged by the NAACP.

Loureece Clark v. Thomas McGuire

693 F. App'x 649 · Court of Appeals for the Ninth Circuit · Jul 13, 2017

Ct. 548, 551 (2017) (emphasizing that “for a right to be clearly established, ‘existing precedent must have placed the statutory or constitutional question beyond debate’”) (quoting Mullenix v. Luna, 136 S. … Because McGuire did not violate clearly established law, we reverse the denial of qualified immunity and remand with instructions to grant summary judgment to McGuire.

Scot L. Zimmerman v. State of Oregon Department of Justice

170 F.3d 1169 · Court of Appeals for the Ninth Circuit · Mar 18, 1999

The court also dismissed plaintiffs state law claim, holding that defendant has Eleventh Amendment immunity. Id. at 1330-31 . On appeal, plaintiff does not challenge either of those rulings. … [W]hen Congress passed the ADA in 1990, it was clearly established that the Rehabilitation Act covers employment discrimination.”)

James F. Horton, II v. Deneice Mayle, Warden

408 F.3d 570 · Court of Appeals for the Ninth Circuit · May 10, 2005

We cannot say that the California Supreme Court’s determination is contrary to clearly established federal law. … established federal law).

United States v. Lopez-Lopez

282 F. App'x 612 · Court of Appeals for the Ninth Circuit · Jun 16, 2008

The district court did not abuse its discretion in qualifying Officer Julian Villagomez (“Villagomez”) as an expert in drug organizational structure. See United States v. Hankey, 203 F.3d 1160, 1166-70 (9th Cir.2000). … A Lord/Westerdahl hearing was not necessary because Lopez-Lopez failed to establish a prima facie showing on this record that the government distorted the judicial fact-finding process through prosecutorial misconduct.

Cluse v. Rowden

Court of Appeals for the Ninth Circuit · Nov 29, 2024

See Hart, 99 F.4th at 555 (describing qualified immunity’s clearly-established prong); Blankenhorn, 485 F.3d at 481 (holding in 2007 that a reasonable officer was “on notice that punching [an arrestee] to free his arms … cases cited by the majority support the denial of qualified immunity.

Newman v. Underhill

134 F.4th 1025 · Court of Appeals for the Ninth Circuit · Apr 23, 2025

Huber, 404 F.3d 1201, 1205 n.5 (9th Cir. 2005). 5 We therefore do not address the parties’ arguments pertaining to (1) qualified immunity’s “clearly established law” prong or (2) secondary questions regarding Plaintiff’ … (emphasis added)), we need not resolve that question because Plaintiff does not argue that Delacruz’s crime fails to qualify for the “hot pursuit” exception.

Smith v. City of Hemet

394 F.3d 689 · Court of Appeals for the Ninth Circuit · Jan 10, 2005

Defendants suggest an additional ground upon which the order for summary judgment could be affirmed: qualified immunity. … Whether the officers are entitled to qualified immunity may depend in large part on factual determinations the jury will be required to make.

Nevada v. Watkins

914 F.2d 1545 · Court of Appeals for the Ninth Circuit · Sep 19, 1990

The Privileges and Immunities Clause Nevada contends that the Article IV Privileges and Immunities Clause “protects] the privileges and immunities of states as political communities of citizens.” … Nevada’s construction of the Privileges and Immunities Clause is erroneous. 4.