Case law

Haroutinoun GHOKASSIAN, Plaintiff-Appellant, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant-Appellee

41 F.3d 1300 · Court of Appeals for the Ninth Circuit · Dec 2, 1994

The Social Security Act provides that, in order to qualify for benefits, an applicant *1302 must establish an “inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental … Isidro’s qualified conclusions. B.

Ackerman v. Gittere

Court 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.

Michael Nichols v. Guillermo Fernandez

686 F. App'x 532 · Court of Appeals for the Ninth Circuit · Apr 14, 2017

Rae is also entitled to qualified immunity. “[G]overnment officials performing discretionary functions” are entitled to qualified immunity. Anderson v. Creighton, 483 U.S. 635, 638 (1987). … To evaluate a claim of qualified immunity, this Court considers (1) whether “the facts alleged show the official’s conduct violated a constitutional right” and (2) whether “the right was clearly established” when the conduct

Fidelity & Casualty Co. v. Reserve Insurance

596 F.2d 914 · Court of Appeals for the Ninth Circuit · May 14, 1979

within the scope of the government’s waiver of sovereign immunity. 111 F.Supp. at 86 . … Co., 8 Cal.App.3d 606, 608 , 87 Cal.Rptr. 551 (1970), involved a different definition of automobile, but also the vehicle in issue was clearly designed for use principally off the public roads.

Managed 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.

Mb 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.

Gillibeau v. City of Richmond

417 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.

Jose J. Olagues, on Behalf of Himself and All Others Similarly Situated v. Joseph P. Russoniello, Individually and in His Capacity as United States Attorney for the Northern District of California, Jose J. Olagues, on Behalf of Himself and All Others Similarly Situated Hispanic Coalition for Human Rights, Chinese for Affirmative Action, and San Francisco Latino Voter Registration Education Project v. Joseph P. Russoniello, Individually and in His Capacity as United States Attorney for the Northern District of California O'malley, William A., Individually and in His Capacity as District Attorney for Santa Clara County Underwood, Lon, Individually and in His Capacity as Registrar of Voters for Contra Costa County Smith, Arlo, Individually and in His Capacity as District Attorney for San Francisco County

797 F.2d 1511 · Court of Appeals for the Ninth Circuit · Aug 26, 1986

Other executive officials are entitled to qualified immunity, see e.g., Scheuer v. … Therefore, the government officials did not violate "clearly established" rights.V.

Theo. 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.

United States of America, and State of California, Ex Rel. California Department of Health Services Hazardous Substance Account and Hazardous Cleanup Fund v. Shell Oil Company Union Oil Company of California Atlantic Richfield Company Texaco, Inc. Los Coyotes Estates Ramparts Research & Financial Corporation, United States of America State of California, Ex Rel. California Department of Health Services Hazardous Substance Account and Hazardous Cleanup Fund v. Shell Oil Company Union Oil Company of California Atlantic Richfield Company Texaco, Inc., and Los Coyotes Estates Ramparts Research & Financial Corporation

294 F.3d 1045 · Court of Appeals for the Ninth Circuit · Jun 28, 2002

In 1942, President Roosevelt established several agencies to oversee war-time production. … That is, the waiver of sovereign immunity is coextensive with the scope of liability under 42 U.S.C. § 9607 , but the United States is liable under that section only when it qualifies as an owner or operator of a facility

Shirley MAHONEY, Plaintiff-Appellant, v. UNITED STATES POSTAL SERVICE; Postmaster General; Oakland Postmaster, Defendants-Appellees

884 F.2d 1194 · Court of Appeals for the Ninth Circuit · Sep 6, 1989

The Supreme Court has held that, in order to rely on Rule 15(c), a litigant must establish that “the party to be brought [into the action] ... … Although the Court endorsed the general principle that, “[ajbsent a waiver of sovereign immunity, the Federal Government is immune from suit,” id. at 1969 (citation omitted), it went on to note that “Congress ... has waived

Abston Ex Rel. Estate of Abston v. City of Merced

506 F. App'x 650 · Court of Appeals for the Ninth Circuit · Jan 31, 2013

The district court denied defendants’ motion for summary judgment on qualified immunity grounds, and defendants have taken this interlocutory appeal. … We review the district court’s denial of qualified immunity de novo. Blanford v. Sacramento Cnty., 406 F.3d 1110, 1114 (9th Cir. 2005).

Kwai Wong v. David Beebe

732 F.3d 1030 · Court of Appeals for the Ninth Circuit · Oct 9, 2013

To the contrary, we suggested that there were “many good reasons why” § 1415(i) should not qualify as jurisdictional. … We therefore proceed along the established, traditional route.

96 Cal. Daily Op. Serv. 5232, 96 Daily Journal D.A.R. 10,539, 96 Daily Journal D.A.R. 8469 Corporacion Mexicana De Servicios Maritimos, S.A. De C v. a Mexican Corporation, Plaintiff-Counter-Defendant-Appellee, Pemex-Refinacion, Plaintiff-In-Intervention-Counter-Defendant-Appellee v. The M/t Respect, Her Engines, Boilers, Etc., in Rem and Respect Shipping Private Limited, a Singapore Corporation and Trans Petrol Services N v. a Belgian Corporation, in Personam, Defendants-Counter-Claimants-Appellants

89 F.3d 650 · Court of Appeals for the Ninth Circuit · Jul 16, 1996

Thus Pemex-[Refining] is a subdivision of the United Mexican States and therefore qualifies for foreign sovereign immunity under FSIA. 31 The defendants have not contested this description of Pemex-Refining. … 39 A review of the case shows that Pemex-Refining clearly waived part of its immunity by intervening and filing a claim against the defendants.

Nuveen 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.

Raymond Nichols v. Daniel MacIas

695 F. App'x 291 · Court of Appeals for the Ninth Circuit · Aug 15, 2017

We vacate the summary judgment and remand for further proceedings on the issue of qualified immunity. 1. We review the summary judgment on the brothers’ Fourth Amendment claim for unlawful arrest de novo. 1 Torres v. … “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

Committee to Save Mokelumne River, a California Non-Profit Corporation v. East Bay Municipal Utility District, a California Municipal Utility District

13 F.3d 305 · Court of Appeals for the Ninth Circuit · Dec 29, 1993

Consequently, they have admitted to each of the elements needed to establish liability under the Clean Water Act. … Does the Eleventh Amendment immunize the Water Board from liability under the Clean Water Act?

Paul Thomas v. Kathleen Harder

Court of Appeals for the Ninth Circuit · Oct 4, 2024

Qualified immunity protects public officials from § 1983 liability unless a plaintiff shows “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time … To assess qualified immunity at the motion to dismiss stage, “we consider whether the complaint alleges sufficient facts, taken as true, to support the claim that the officials’ conduct violated clearly established constitutional

Sessoms v. Grounds

776 F.3d 615 · Court of Appeals for the Ninth Circuit · Sep 22, 2014

The application of this perspective to Sessoms’s situation precludes a finding that the California Court of Appeal’s decision was “based on an unreasonable application of, clearly established Federal law.” 28 U.S.C. § 2254 … The majority’s distinction between a determination of fact and the application of clearly established Federal law is less than clear.

Harvey v. Brewer

605 F.3d 1091 · Court of Appeals for the Ninth Circuit · May 27, 2010

.): Arizona’s Constitution provides: “No person who is adjudicated an incapacitated person shall be qualified to vote at any election, nor shall any person convicted of treason or felony, be qualified to vote at any election … Section 5 of the Act “established conditions on which the former Confederate States would be readmitted to representation in Congress.” Richardson, 418 U.S. at 49 , 94 S.Ct. 2655 .