Case law

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.

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.

Mike Hernandez v. George F. Denton, Director of Corrections, Paul J. Morris, Warden, Eddie Ylst, in His Official and Individual Capacity, Mr. Hartman

919 F.2d 573 · Court of Appeals for the Ninth Circuit · Nov 21, 1990

I have previously observed that “[irrespective of the outcome of this litigation, it must be acknowledged that Hernandez has established a world record capable of qualifying for the Guiness Book of Records: the only person … Examples of the former class are claims against which it is clear that the defendants are immune from suit, see, e.g. Williams v.

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.”)

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.

Manuel Terenkian v. The Republic of Iraq

Court of Appeals for the Ninth Circuit · Jul 16, 2012

Iraq has established that it is a sov- ereign state, and so it is entitled to a presumption that it has immunity from suit. See Siderman, 965 F.2d at 708 n.9. … Formation was the first essential element for the plain- tiffs to establish in order to establish jurisdiction. The plain- tiffs established that formation occurred in New York City.

Nadell v. Las Vegas Metropolitan Police Department

268 F.3d 924 · Court of Appeals for the Ninth Circuit · Oct 5, 2001

Further, Leyba is not entitled to qualified immunity if the right infringed was “clearly established at the time of the alleged violation,” Wilson v. … The right to be free of government retaliation for the exercise of First Amendment activity, a category within which the right to petition the government falls, was clearly established at the time Nadell filed her complaint

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.

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.

Christopher Cordeiro v. United States

638 F. App'x 634 · Court of Appeals for the Ninth Circuit · Feb 19, 2016

We also agree with the district court that, under clearly established law, a reasonable officer in Officer Vasquez and Cortez’ shoes would have understood that the force used against Plaintiff was unlawful. … AFFIRMED. 1 We are unpersuaded by Defendants’ argument that they are entitled to qualified immunity under Mattos, 661 F.3d 433.

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.

Jenna Hall v. City of Fremont

520 F. App'x 609 · Court of Appeals for the Ninth Circuit · Jun 4, 2013

The Supreme Court has “repeatedly told courts ... not to define clearly established law at a high level of generality.” Ashcroft v. Al-Kidd, - U.S. -, 131 S.Ct. 2074, 2084 , 179 L.Ed.2d 1149 (2011). … Watkins, 869 F.2d 1312, 1316 (9th Cir.1989) (finding that a violation could not be clearly established where no case had held so previously); see also Bias v.

Harris v. Sjostrand

16 F. App'x 673 · Court of Appeals for the Ninth Circuit · Jul 31, 2001

MEMORANDUM * Appellants Gary Yancey and Allen Sjostrand appeal the district court’s order denying their motions for summary judgment on grounds of qualified immunity in Appellee’s action alleging termination in retaliation … On the view of the facts that we must take at this stage, then, qualified immunity is unavailable. 3. Appellants’ remaining contentions raise factual disputes that are beyond our jurisdiction at this stage.

Charles v. Dominican Republic

817 F.2d 517 · Court of Appeals for the Ninth Circuit · May 14, 1987

If findings are undisputed or are not clearly erroneous, then the court's determination is reviewed for abuse of discretion. Rodgers v. … Once the foreign state has produced such prima facie evidence of immunity, the burden of going forward would shift to the plaintiff to produce evidence establishing that the foreign state is not entitled to immunity.

Smith v. Almada

640 F.3d 931 · Court of Appeals for the Ninth Circuit · Mar 21, 2011

Smith’s first claim—which the district court dismissed on qualified immunity grounds— is that Sergeant Almada violated his Fourth Amendment rights by arresting him without probable cause. … In a garden-variety false arrest claim challenging the proba- ble cause for an arrest, if the arrest warrant is facially valid, the arresting officer enjoys qualified immunity unless “the warrant application is so lacking

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.

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.

Metcalf v. County of Sutter

24 F.3d 247 · Court of Appeals for the Ninth Circuit · May 2, 1994

Even if the plaintiffs had clearly established due process rights to the state's unlawful detainer procedures, they do not have a section 1983 cause of action because adequate post-deprivation remedies are available under … Accordingly, the deputies and deputy district attorney are entitled to qualified immunity. See Baker v. Racansky, 887 F.2d 183, 187 (9th Cir.1989).