Case law

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

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.

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.

Ready v. City of Mesa

89 F. App'x 14 · Court of Appeals for the Ninth Circuit · Feb 10, 2004

The Defendants filed a cross-motion for summary judgment on all of the Readys’ claims and invoked qualified immunity with respect to the Readys’ § 1983 claims. … Because the district court did not reach the qualified immunity question, we decline to do so on this appeal. .

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

Ronald Cree, Jr. Dalton Cree Jack Haggerty Tiin-Ma Logging Co. v. State of Washington David W. Waterbury Keith Qunell

990 F.2d 1256 · Court of Appeals for the Ninth Circuit · Apr 14, 1993

judgment based on the defense of qualified immunity. … An officer acting under color of state law is entitled to the defense of qualified immunity even if his conduct violated the federal right asserted by the plaintiff, unless that right was so clearly established that a reasonable

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.

Edward Lu v. Saun Jackson

Court of Appeals for the Ninth Circuit · Jul 26, 2023

We “review orders denying qualified immunity under the collateral order exception to finality.” Ballou v. McElvain, 29 F.4th 413, 421 (9th Cir. 2022). … The deputies are not entitled to qualified immunity if their “conduct (1) violated a constitutional right that (2) was clearly established at the time of the violation.”

Lois Sharer v. State of Oregon

Court of Appeals for the Ninth Circuit · Sep 21, 2009

Section 504 [1] Section 504 provides that “[n]o otherwise qualified individual with a disability . . . shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of … Therefore, this testi- mony likewise fails to establish that Oregon waived immunity with respect to OPDS during the period of Sharer’s alleged discrimination. 5 Oregon Revised Statute § 138.500(5) was amended by the

J. Murray v. Bryan Williams

670 F. App'x 608 · Court of Appeals for the Ninth Circuit · Nov 9, 2016

Moreover, even if Murray’s First Amendment rights were violated, those rights were not “clearly established” at the time that the Defendants took adverse employment action against him. Pearson v. … ’ to preclude qualified immunity.”).

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”).

O'NEAL v. Price

531 F.3d 1146 · Court of Appeals for the Ninth Circuit · Jul 14, 2008

In order to determine that these actions did not qualify for in forma pauperis status, the district court necessarily reviewed the complaints and made an assessment of their merits. … I agree that our case law establishes that a prisoner brings an action when he files an in forma pauperis application and tenders the complaint to the district court.

William Kocol v. United States

670 F. App'x 489 · Court of Appeals for the Ninth Circuit · Nov 2, 2016

The district court properly dismissed the first cause of action on the basis of qualified immunity because plaintiffs failed to allege that defendant Burnett violated a constitutional right that was clearly established … City of Portland, 33 F.3d 1200, 1209 (9th Cir. 1994) (“[A]n officer who acts in reliance on a duly- enacted statute or ordinance is ordinarily entitled to qualified immunity.”).

State of Alaska v. Native Village of Venetie

856 F.2d 1384 · Court of Appeals for the Ninth Circuit · Sep 9, 1988

And even if the tribe and its instrumentalities are immune, the individual officers of the tribe will not be immune unless they were "acting in their representative capacity and within the scope of their authority." … However, these policies would not be furthered if an Indian community, which is not a sovereign tribe, exercises powers that it clearly does not possess.

Koch v. Lockyer

340 F. App'x 372 · Court of Appeals for the Ninth Circuit · Jul 15, 2009

CLIFTON, Circuit Judge, concurring in part and dissenting in part: I agree with my colleagues that the individual defendants are entitled to qualified immunity and that the other claims raised by plaintiff Jack Koch were … Kincade, 379 F.3d 813, 837 (9th Cir.2004) (en banc) (“[T]he DNA profile derived from the defendant’s blood sample establishes only a record of the defendant’s identity — otherwise personal information in which the qualified

Koch v. Lockyer

340 F. App'x 372 · Court of Appeals for the Ninth Circuit · Jul 15, 2009

CLIFTON, Circuit Judge, concurring in part and dissenting in part: I agree with my colleagues that the individual defendants are entitled to qualified immunity and that the other claims raised by plaintiff Jack Koch were … Kincade, 379 F.3d 813, 837 (9th Cir.2004) (en banc) (“[T]he DNA profile derived from the defendant’s blood sample establishes only a record of the defendant’s identity — otherwise personal information in which the qualified

Myers v. United States

652 F.3d 1021 · Court of Appeals for the Ninth Circuit · Jul 15, 2011

Lead is not mentioned in that list, although concentrations of lead above established safety levels were also noted. … Again, lead is not mentioned in that list, although concentrations of lead above established safety levels were again noted.

Jones v. Clayton

276 F. App'x 577 · Court of Appeals for the Ninth Circuit · Apr 30, 2008

R.Evid. 803(6) (requiring custodian or other qualified witness to authenticate records). … Estelle, 806 F.2d 880, 888 (9th Cir.1986) (“A timely instruction from the judge usually cures the prejudicial impact of evidence unless it is highly prejudicial or the instruction is clearly inadequate.”).