Case law
Opinions from 1658 to today.
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1.11s
781 F.2d 747 · Court of Appeals for the Ninth Circuit · Jan 28, 1986
The Effect of Federal Laws and Regulations We agree with the district court that federal law clearly applies in this case. … Since a debtor must pay the debt in full to qualify for redemption, the right does not provide immunity to defeat an obligation.
Cited 16 timesPublishedCourt of Appeals for the Ninth Circuit · Mar 10, 2026
The district court held that the officers were not entitled to qualified immunity on this claim. We review a denial of qualified immunity de novo. Villanueva v. … established.”
Cited 0 timesUnpublishedThe Northern Cheyenne Tribe of the Northern Cheyenne Indian Reservation v. Thomas Ralph Adsit
668 F.2d 1080 · Court of Appeals for the Ninth Circuit · Feb 22, 1982
waiver of sovereign immunity, an Indian tribe cannot be sued. … , at the expense of its basic right to sovereign immunity.
Reversed on other grounds by Arizona v. San Carlos Apache Tribe of Ariz., 463 U.S. 545 (1983)Cited 21 timesPublished366 F. App'x 787 · Court of Appeals for the Ninth Circuit · Feb 22, 2010
Qualified immunity shields a government official from suits for damages unless her official conduct violates a constitutional right that is “clearly established,” meaning it is “sufficiently clear that a reasonable official … immunity because it violated no 3 clearly established statutory or constitutional rights); see also Miller v.
Cited 1 timesUnpublishedIn Re Grand Jury Appearance of Alvin S. Michaelson, Esquire
511 F.2d 882 · Court of Appeals for the Ninth Circuit · May 19, 1975
‘It is well established that the privilege protects against real dangers, not remote and speculative possibilities.’ Zicarelli v. … It is well established that the privilege protects against real danger, not remote or speculative possibilities.”
Cited 80 timesPublishedGary Easley v. County of Santa Clara
702 F. App'x 552 · Court of Appeals for the Ninth Circuit · Jul 28, 2017
Qualified immunity shields government officials from liability for monetary damages unless the plaintiff establishes that (1) the conduct violated a constitutional right, and (2) the right was “clearly established” when … Chapel, 55 F.3d 1416, 1417 (9th Cir. 1995), Deputy Wallace is entitled to qualified immunity since there is no clearly established law that a warrant was required under the facts of the case.
Cited 3 timesUnpublishedCourt of Appeals for the Ninth Circuit · Jun 5, 2025
Qualified Immunity Defenses. … Moreover, those rights were clearly established at the time of the alleged events. See Wolff, 418 U.S. at 563–70; Hewitt, 459 U.S. at 477 n.9.
Cited 0 timesUnpublishedCourt of Appeals for the Ninth Circuit · Feb 24, 2010
Katz, 533 U.S. 194, 201 (2001) (holding that “[i]f the law did not put the officer on notice that his conduct would be clearly unlawful, sum- mary judgment based on qualified immunity is appropriate”); see also Pearson v. … Ct. 808, 816 (2009) (noting that if the plaintiff establishes a violation of a consti- tutional right, “the court must decide whether the right at issue was ‘clearly established’ at the time of defendant’s alleged misconduct
Cited 0 timesPublishedDelia L. Fernandez v. Wynn Oil Company, a Corporation, and Wynn's International, Inc., a Corporation
653 F.2d 1273 · Court of Appeals for the Ninth Circuit · Aug 17, 1981
. § 2000e, a party complaining of discrimination by disparate treatment establishes a prima facie case by showing that (1) she was within a protected group; (2) she applied and was qualified for a job for which the company … If an applicant is not qualified for the job in question, she has failed to establish a prima facie case. Morita v.
Cited 52 timesPublished979 F.3d 665 · Court of Appeals for the Ninth Circuit · Oct 28, 2020
As a result, the DFE immunized the FBI’s actions. … And as the panel explained, once the Park officials undertook to inspect the trees in the park, they had to follow the established policies. Id.
Cited 33 timesPublishedFederal Deposit Insurance v. Craft
157 F.3d 697 · Court of Appeals for the Ninth Circuit · Sep 25, 1998
The district court’s findings are binding unless clearly erroneous. … Moreover, the district court made a specific factual finding that the Crafts had not established any actual damages such as would be allowable, and the Crafts have not demonstrated that this finding was clearly erroneous.
Cited 137 timesPublishedManaged Protective Services, Inc. v. City of Mesa
654 F. App'x 276 · Court of Appeals for the Ninth Circuit · Jun 6, 2016
The district court erred in granting summary judgment to the defendants on Simpson’s excessive force claim on the basis of qualified immunity. … COURT OF APPEALS I respectfully dissent from the majority’s decision to reverse the district court’s grant of qualified immunity as to the excessive force claim.
Cited 2 timesUnpublishedMb Financial Group v. US Postal Service
Court of Appeals for the Ninth Circuit · Sep 24, 2008
[2] The FTCA, in § 2680, qualifies this broad waiver by retaining sovereign immunity for thirteen categories of claims. … The analytic start- ing point is that, as an “independent establishment of the executive branch of the Government of the United States,” the U.S.
Cited 0 timesPublished768 F.3d 882 · Court of Appeals for the Ninth Circuit · Sep 22, 2014
The majority held that “[b]ecause Sessoms’s statements were made prior to his Miranda waiver, Davis cannot apply as ‘clearly established Federal law’ in this case.” Id. at 1283. … established federal law.
Cited 4 timesPublishedNuveen Municipal High Income O v. City of Alameda, California
Court of Appeals for the Ninth Circuit · Sep 19, 2013
According to subsection (b), even if liability is established by statute, that liability is subject to the various specific governmental immunities set forth in the Government Claims Act or elsewhere. … (emphasis added).7 To rebuff this general rule, a liability-creating statute must clearly withdraw statutory immunities.
Cited 0 timesPublished68 F. App'x 77 · Court of Appeals for the Ninth Circuit · Jun 18, 2003
Defendants were entitled to qualified immunity because Sheehy did not demonstrate that the drug testing was meant to harass or that the testing was unreasonable. See Thompson v. Souza, 111 F.3d 694, 702 (9th Cir.1997). … City of Bremerton, 268 F.3d 646, 652 (9th Cir. 2001) (holding that officer was entitled to *79 qualified immunity where his conduct was not objectively unreasonable under the circumstances).
Cited 0 timesPublished417 F.2d 426 · Court of Appeals for the Ninth Circuit · Oct 13, 1969
Later development of the facts as a result of additional pleadings, pretrial discovery, or trial may establish a basis for dismissing the damage claim as to Evans, Martin and Zeiler on the ground of quasi-judicial immunity … Suit may be brought against private citizens under section 1983 if a conspiracy is established between them and the state or local officials who clearly acted under color of state law. See Hoffman v.
Cited 149 timesPublished665 F.3d 1076 · Court of Appeals for the Ninth Circuit · Dec 9, 2011
After the City of Santa Barbara Defendants appealed on qualified immunity grounds from an adverse grant of summary judg- BRAVO v. … established under the Fourth Amendment and that the officers were not entitled to qualified immunity.
Cited 158 timesPublished107 F.3d 720 · Court of Appeals for the Ninth Circuit · Feb 19, 1997
III. 9 The Foreign Sovereign Immunities Act "establishes a comprehensive framework for determining whether a court in this country, state or federal, may exercise jurisdiction over a foreign state." … Reef Industries, 54 F.3d 1466, 1470 (9th Cir.1995) (holding that defendant was entitled to immunity because it established that it was an "agency or instrumentality of a foreign state" unless one of the FSIA's exceptions
Cited 2 timesPublishedTheo. H. Davies & Co. v. Republic of the Marshall Islands
174 F.3d 969 · Court of Appeals for the Ninth Circuit · Apr 23, 1999
Immunities Act (“FSIA”). … Does the conduct the action is based upon or related to qualify as a “commercial activity”? 2.
Cited 8 timesPublished
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