Case law

99 Cal. Daily Op. Serv. 2073, 1999 Daily Journal D.A.R. 2685 Yousef Saman Mohammed Alfaorr Estate of Butres Samaan Majodoleen Samaan Maher Samaan Mageda Samaan Magid Samaan Roufai Samaan Josefine Saman Saman Saman Martes Saman v. Daniel Robbins Shauna Clark City of San Bernardino, and Michael Blechinger Mitchal Kimball, Yousef Saman Estate of Butres Samaan Majodoleen Samaan Maher Samaan Mageda Samaan Magid Samaan Roufai Samaan Josefine Saman Saman Saman Martes Samaan, and Mohammed Alfaorr, Plaintiff-Appellee-Cross-Appellant v. Daniel Robbins City of San Bernardino Norine Miller Valeria Popeludlam Mitchal Kimball Thomas Minor Michael Maudsley Ralph Hernandez Jack Reilly Esther Estrada William Holcomb Shauna Clark, Defendants-Appellants-Cross-Appellees. Yousef Saman Mohammed Alfaorr Estate of Butres Samaan Majodoleen Samaan Maher Samaan Mageda Samaan Magid Samaan Roufai Samaan Josefine Saman Saman Saman Martes Samaan v. Daniel Robbins Shauna Clark William Holcomb Esther Estrada Jack Reilly Ralph Hernandez, and Mitchal Kimball City of San Bernardino Yousef Saman Mohammed Alfaorr Estate of Butres Samaan Majodoleen Samaan Maher Samaan Mageda Samaan Magid Samaan Roufai Samaan Josefine Saman Saman Saman Martes Samaan v. Daniel Robbins Dale Blackwell Mitchal Kimball

173 F.3d 1150 · Court of Appeals for the Ninth Circuit · Mar 23, 1999

The district court denied Kimball's motion for judgment as a matter of law on the merits and on the basis of qualified immunity. … immunity.

Graham v. Federal Emergency Management Agency

149 F.3d 997 · Court of Appeals for the Ninth Circuit · Jul 15, 1998

We hold that applicants who had not established at the time of the withdrawal that their applications were meritorious lack standing to sue. … Here, the duty of FEMA is clearly prescribed by the Stafford Act’s applicable regulations.

Julianne Panagacos v. John Towery

501 F. App'x 620 · Court of Appeals for the Ninth Circuit · Dec 17, 2012

To overcome qualified immunity, plaintiffs must allege that defendants violated plaintiffs’ clearly established constitutional rights. Moss v. U.S. Secret Service, 675 F.3d 1213, 1222 (9th Cir. 2012). … Plaintiffs have also pled plausible violations of their clearly established Fourth Amendment rights. It is clearly established that facilitating arrests without probable cause violates the Fourth Amendment.

Jonathan Elfand v. County of Sonoma

591 F. App'x 618 · Court of Appeals for the Ninth Circuit · Jan 30, 2015

The district court properly granted summary judgment to defendants Tannehill and Cogbill on the basis of qualified immunity because their conduct did not violate clearly established law. See Plumhoff v. … Ct. 2012, 2023 (2014) (officials sued under § 1983 are entitled to qualified immunity unless they violated a right that was clearly established; “a defendant cannot be said to have violated a clearly established right

F.D.I.C. v. Lands

5 F.3d 536 · Court of Appeals for the Ninth Circuit · Sep 15, 1993

Id. 8 The district court's findings of fact after a bench trial are reviewed under the clearly erroneous standard. … Langley, 484 U.S. at 96 . 13 Further, the Landses do not qualify for the Meo "innocent borrower exception." See United States v. Meo, 505 F.2d 790, 792 (9th Cir.1974).

Sec v. Arthur Young & Co.

590 F.2d 785 · Court of Appeals for the Ninth Circuit · Feb 1, 1979

The trial court's findings, which are not clearly erroneous, establish beyond dispute that AY and its auditors conformed to this standard. 13 Moreover, it is clear that the trial court found no basis for the application of … We cannot say such findings in this respect are clearly erroneous.

Hartrim v. Las Vegas Metropolitan Police Department

603 F. App'x 588 · Court of Appeals for the Ninth Circuit · Apr 24, 2015

(2) “the constitutional right at issue is ‘clearly established.’” … The constitutional rights at issue here were clearly established at the time of the incident.

Espinosa v. Gittere

Court of Appeals for the Ninth Circuit · Jun 25, 2026

Defendants appeal the district court’s denial of qualified immunity. Because the parties are familiar with the facts and history of this case, we need not recount them here. … Ordinarily, “a district court’s denial of a claim of qualified immunity, to the extent that it turns on an issue of law, is an appealable ‘final decision’ within the meaning of 28 U.S.C. § 1291 notwithstanding the absence

Pinal Creek Group v. Newmont Mining Corp

118 F.3d 1298 · Court of Appeals for the Ninth Circuit · Jul 2, 1997

Bay Area Battery, 895 F.Supp. 1524, 1533 (N.D.Fla.1995) ("section 113(f) qualifies the broad cause of action created in section 107(a)"); Boeing Co. v. … Section 113(g)(3) establishes a three-year statute of limitations for "contribution" actions, while § 113(g)(2) generally establishes a six-year statute of limitations for "cost recovery" actions brought under § 107. 42 U.S.C

United States ex rel. Union Building Materials Corp. v. Haas & Haynie Corp.

577 F.2d 568 · Court of Appeals for the Ninth Circuit · Jun 26, 1978

Even though the government did grant immunity to two of its own witnesses, Carman cannot claim that the refusal to grant immunity to Hoffe prejudiced his trial when he failed to call Hoffe to the stand to establish any need … Having failed to first establish a need for immunity, Car-man’s charge that the denial of immunity resulted in a suppression of evidence is not substantiated.

Institute of Cetacean Research v. Sea Shepherd Conservation Society

774 F.3d 935 · Court of Appeals for the Ninth Circuit · Dec 19, 2014

But the out-of-circuit case Sea Shepherd US cites in support of this argument is clearly inapposite. See Goya Foods, Inc., 290 F.3d at 75. … The Plaintiffs raise a host of arguments why the volunteer directors do not qualify for immunity under the VPA.

Dwayne Eichler v. Sherbin

520 F. App'x 560 · Court of Appeals for the Ninth Circuit · May 22, 2013

The district court properly granted summary judgment on Eichler’s deliberate indifference claim because the officers were entitled to qualified immunity, as their conduct did not violate a right that was clearly established … injury, show that the official violated a right and the right was “clearly established” at the time of the alleged violation; the key inquiry for determining the latter is whether a reasonable person could have believed

Jordan Branscum v. San Ramon Police Dept

606 F. App'x 860 · Court of Appeals for the Ninth Circuit · Mar 26, 2015

The individual officers appeal from the denial of their motion for summary judgment based on qualified immunity. We review de novo, Rodis v. … If a reasonable jury found that the officers used excessive force, the constitutional violation would be clearly established.

Sasetharan Arulampalam v. Alberto Gonzales, Attorney General

399 F.3d 1087 · Court of Appeals for the Ninth Circuit · Mar 1, 2005

Arulampalam submits that because his motion was mailed on August 4, 2004, it qualifies as having been “submitted]” for the purposes of 28 U.S.C. § 2412 (d)(1)(B). … We have held that “the thirty day limitation period under the EAJA for submitting fee applications ... should be narrowly construed,” as it is a waiver of sovereign immunity.

Walter Kurka v. John Probst

678 F. App'x 482 · Court of Appeals for the Ninth Circuit · Jan 30, 2017

P. 34(a)(2). 652, 658 (9th Cir. 2007) (qualified immunity); Milstein v. Cooley, 257 F.3d 1004, 1007 (9th Cir. 2001) (failure to state a claim under Fed. R. Civ. P. 12(b)(6) and prosecutorial immunity). … Callahan, 555 U.S. 223, 231 (2009) (qualified immunity protects government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of

John Loudermilk v. Michael Danner

449 F. App'x 693 · Court of Appeals for the Ninth Circuit · Sep 12, 2011

‘clearly established.’” … Therefore, the MCSO Officers are entitled to qualified immunity.

Reed v. Bean

Court of Appeals for the Ninth Circuit · Jun 27, 2025

Defendants-appellants appeal from the district court’s interlocutory order denying their motion to dismiss, on the basis of qualified immunity, David L. … after visually verifying that he lay calmly in his bunk and posed no threat, and defendants-appellants’ actions contravened clearly established law at the time of the incident.

Theo. H. Davies & Co. v. Republic of Marshall Islands

161 F.3d 550 · Court of Appeals for the Ninth Circuit · Nov 17, 1998

Immunities Act (“FSIA”). … Does the conduct the action is based upon or related to qualify as a “commercial activity”? 2.

Balwinder Tung v. Gavin Newsom

Court of Appeals for the Ninth Circuit · Jun 13, 2019

See Ashcroft v. al-Kidd, 563 U.S. 731, 735 (2011) (explaining two- part test for qualified immunity); Hines v. … Youseff, 914 F.3d 1218, 1229-30 (9th Cir. 2019) (existing Valley Fever cases did not clearly establish a “right to be free from heightened exposure to Valley Fever spores”).

King County v. Rasmussen

299 F.3d 1077 · Court of Appeals for the Ninth Circuit · Aug 9, 2002

and expressly limits or qualifies the interest conveyed.” 9 Brown, 924 P.2d at 912 . … The non-waiver of sovereign immunity does not supply subject matter jurisdiction.