Case law
Opinions from 1658 to today.
10,000+ results
2.22s
34 F.3d 1416 · Court of Appeals for the Ninth Circuit · Aug 19, 1994
The district court found that Juror No. 598 was not biased, and nothing in the record establishes that that finding was clearly erroneous. … The rights King was deprived of have been clearly established for decades, and willful conduct which deprived him of those rights falls within the heartland of both the statute and the Guidelines.
Reversed on other grounds by Koon v. United States, 518 U.S. 81 (1996)Cited 245 timesPublished500 F.3d 914 · Court of Appeals for the Ninth Circuit · Aug 29, 2007
The FTCA waives the government’s sovereign immunity for civil actions on claims for money damages, including claims for “personal injury ... caused by the negligent or wrongful act or omission of any employee of the Government … United States, 963 F.2d 1264, 1269 (9th Cir.1992) (stating that "[a] cliff at the end of a dirt road that is not visible from the beginning of the road would certainly seem to qualify for a warning sign under ... guidelines
Cited 16 timesPublishedJoy Scherer v. City of Los Angeles
Court of Appeals for the Ninth Circuit · Nov 4, 2024
Because the district court dismissed the claim based on the lack of any constitutional violation, it did not address qualified immunity. … immunity because Scherer failed to allege a violation of a “clearly established” constitutional right.
Cited 0 timesUnpublished13 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?
Cited 86 timesPublishedRaymond 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
Cited 1 timesUnpublished878 F.3d 800 · Court of Appeals for the Ninth Circuit · Dec 28, 2017
It noted that the Supreme Court in Atkins expressly permitted states to establish their own procedures for determining intellectual disability, and, thus, “there is no clearly established federal law setting a burden of proof … Habeas relief was granted not for a failure to follow clearly established federal law, 28 U.S.C. § 2254(d)(1), but because, applying clearly established federal law, the determination that Villarreal was not ineffective under
Cited 68 timesPublished66 F. App'x 675 · Court of Appeals for the Ninth Circuit · May 7, 2003
The district court did not err in concluding that Officer Jellison was entitled to qualified immunity. … Deen failed to “establish both a substantial showing of the deliberate falsity or reckless disregard of the truth of the statements in [Jellison’s report and affidavit] and the materiality of *676 those statements to the
Cited 0 timesPublishedPaul 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
Cited 0 timesUnpublished634 F.3d 541 · Court of Appeals for the Ninth Circuit · Jan 14, 2011
We went on to hold that the Supreme Court’s absolute immunity analysis was inconsistent with this circuit’s analysis, and it therefore overruled our precedent. Id. … We have little difficulty concluding that Lindsey cannot establish plain error.
Cited 93 timesPublished651 F.2d 622 · Court of Appeals for the Ninth Circuit · Apr 9, 1981
We express no opinion at this stage as to whether the evidence is sufficient to establish a prima facie case. We do conclude, however, that it is clearly erroneous to find “absolutely no hint” of sexual discrimination. … If, however, a plaintiff could show that she was more qualified than the person hired, this would be relevant evidence in an appropriate case in establishing the fourth prong of McDonnell Douglas. 4 .
Cited 66 timesPublished37 F. App'x 269 · Court of Appeals for the Ninth Circuit · Jun 4, 2002
The district court granted summary judgment in favor of Tagamori and Tanoue on qualified immunity grounds on these claims. 2 “[GJovernment officials performing discretionary functions, generally are shielded from liability … for civil damages insofar as their conduct does not violate clearly established ... constitutional rights of which a reasonable person would have known.”
Cited 0 timesPublishedJerry Lum v. County of San Joaquin
584 F. App'x 449 · Court of Appeals for the Ninth Circuit · Aug 4, 2014
established constitutional rights ha[d] been violated.”). … We also have jurisdiction to review the district court’s denial of qualified immunity on the Fourteenth Amendment claim.
Cited 2 timesUnpublished326 F.3d 1088 · Court of Appeals for the Ninth Circuit · Apr 22, 2003
Applying the several fact-sensitive tests recognized by this Court, we conclude that the Guardian's function does not qualify as state action and therefore affirm the district court. … (Emphasis added). 4 Kirtley attempts to frame this nexus analysis with reference to whether a guardian should enjoy judicial immunity, inviting the inference that immunity signals state action.
Cited 165 timesPublishedMark Wicklund v. Idaho Department of Correction
623 F. App'x 338 · Court of Appeals for the Ninth Circuit · Nov 23, 2015
We follow the two-pronged approach to qualified immunity claims established in Saucier v. Katz, 533 U.S. 194, 201 (2001), overruled in part by Pearson v. Callahan, 555 U.S. 223, 236 (2009). … Rowland, 65 F.3d 802, 806 (9th Cir. 1995) (“[T]he prohibition against retaliatory punishment is ‘clearly established law’ in the Ninth Circuit, for qualified immunity purposes.”).
Cited 0 timesUnpublished732 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.
Cited 162 timesPublished491 F. App'x 799 · Court of Appeals for the Ninth Circuit · Aug 7, 2012
dismissed Stehr’s motion without expressly discussing the qualified immunity question, it implicitly denied the qualified immunity claim. Giebel v. Sylvester, 244 F.3d 1182, 1186 n.6 (9th Cir. 2001). … Dahlia’s purported right protecting him from placement on administrative leave was thus not “clearly established” at the time of the challenged conduct. Ashcroft v. al-Kidd, 131 S.
Cited 3 timesUnpublished939 F.3d 975 · Court of Appeals for the Ninth Circuit · Sep 19, 2019
SHELBY Applying this analysis, we conclude that Strickland and Stokeling are not clearly irreconcilable. … The Shepard documents therefore simply do not establish that Shelby was charged or convicted under § 164.415(1)(b).
Cited 9 timesPublishedRatcliff v. City of Red Lodge, Department of Police
650 F. App'x 484 · Court of Appeals for the Ninth Circuit · May 24, 2016
We review de novo a denial of qualified immunity. Bryan v. MacPherson, 630 F.3d 805, 823 (9th Cir. 2010). … Second, the court considers “whether the right was clearly established . . . in light 1 See Terry v.
Cited 3 timesUnpublishedUnited Investors Life Insurance Company v. Waddell & Reed Inc.
360 F.3d 960 · Court of Appeals for the Ninth Circuit · Feb 23, 2004
It is well established that "lack of federal jurisdiction cannot be waived or be overcome by an agreement of the parties." Mitchell v. … This would be true even if the district court clearly misapplied SLUSA's preemption provisions. Gravitt v. Southwestern Bell Tel.
Cited 443 timesPublishedUnited States v. State Of Washington
233 F.2d 811 · Court of Appeals for the Ninth Circuit · Jun 15, 1956
. § 1345, but the assertion of jurisdiction is challenged at the outset with the claim that, by virtue of sovereign immunity, the District Court had no jurisdiction over the person of the State of Washington. 7 The argument … district courts shall have original jurisdiction of all civil actions, suits or proceedings commenced by the United States * * *." 11 The suit at bar to quiet title in the Government in trust for certain Indian wards is clearly
Cited 13 timesPublished
Ask Donna