Case law

United States v. Fotopulos

180 F.2d 631 · Court of Appeals for the Ninth Circuit · Mar 7, 1950

. §§ 1346 (b), 2671-2680, the object of which is to waive the general immunity -from liability for tort heretofore enjoyed by the Government. … “This language (of section 1346(b)) clearly means that the standards and tests of local law are to determine whether a negligent or wrongful act has been established which is actionable and the nature and extent of the recovery

J. Alfred Rider, M.D. v. United States Postal Service, an Executive Agency of the United States United States of America

862 F.2d 239 · Court of Appeals for the Ninth Circuit · Dec 5, 1988

See, e.g., Wagner, 847 F.2d at 519 (“A party seeking to raise estoppel against the government must establish ‘affirmative misconduct going beyond mere negligence’ ” (emphasis added) (quoting Morgan v. … Furthermore, while the “sue-and-be-sued” clause is a broad waiver of sovereign immunity, Congress has retained immunity for the Postal Service from tort claims “arising out of the loss, miscarriage, or negligent transmission

Barron v. United States

654 F.2d 644 · Court of Appeals for the Ninth Circuit · Aug 27, 1981

Moreover, its finding (which is one of mixed law and fact) that the work being done by Barron was extra hazardous is not clearly erroneous. … Finally, we also hold that the district court’s finding that the employee was not contributorily negligent is not clearly erroneous. Id. at 1085 . III.

Sharee Butler v. City of Sacramento

Court of Appeals for the Ninth Circuit · Feb 11, 2010

I Perez is entitled to qualified immunity unless (1) the facts, viewed in the light most favorable to Butler, demonstrate a violation of a constitutional right and (2) that right was clearly established at the time … entitled to qualified immunity.

John v. United States

247 F.3d 1032 · Court of Appeals for the Ninth Circuit · May 7, 2001

The agency possesses no expertise,, however, that qualifies it to determine whether the rural subsistence priority applies to navigable waters. … We would affirm the decision of the district court on the broader ground that, in a proper exercise of its Commerce' Clause powers, Congress clearly established a subsistence priority that applies to all navigable waters

Harris v. Wittman

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

Harris’s breach of contract claim is not created or determined by Title 11; it is a common law action, therefore it does not qualify for “arising under” juris- diction. … These acts of Wittman meet all four elements for derived quasi-judicial immunity.

United States of America, and Klamath Allottees Water Users Association Klamath Tribe, Plaintiffs-Intervenors v. State of Oregon, Water Resources Department, and William H. Young, Director, United States of America, and Klamath Allottees Water Users Association, Plaintiff-Intervenor, and Klamath Tribe, Plaintiff-Intervenor-Appellant v. State of Oregon, Water Resources Department, and William H. Young, Director, United States of America, and Klamath Allottees Water Users Association, Plaintiff-Intervenor-Appellant v. State of Oregon, Water Resources Department, and William H. Young, Director, United States of America, and Klamath Allottees Water Users Association Klamath Tribe, Plaintiffs-Intervenors v. State of Oregon, Water Resources Department, and William H. Young, Director

44 F.3d 758 · Court of Appeals for the Ninth Circuit · Dec 28, 1994

After 1909, water rights could only be acquired through a permit system established by the statute. Or.Rev.Stat. Sec. 537.120. … The plain language of the McCarran Amendment, however, expressly waives immunity.

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. .

S. Thomas v. County of Los Angeles

703 F. App'x 508 · Court of Appeals for the Ninth Circuit · Jul 19, 2017

But it also granted Sheriff Baca qualified immunity. Then, following the Supreme Court’s decision in Wal-Mart Stores, Inc. v. … Nor did the district court err by granting qualified immunity to Sherriff Baca.

Rehn v. City of Seattle

Court of Appeals for the Ninth Circuit · Jun 18, 2026

Defendants appeal the district court’s denial of qualified immunity at summary judgment. Reviewing de novo and viewing the evidence in the light most favorable to the nonmoving party, Rehn, Martinez v. … If a “robust consensus” makes the unlawfulness of the actions clear, officials are not entitled to qualified immunity. Id. at 874.

Glaros v. California Department of Transportation

Court of Appeals for the Ninth Circuit · May 28, 2026

County of San Diego, 993 F.3d 1134, 1141 (9th Cir. 2021) (decision regarding qualified immunity); Sato v. … City of Portland, 165 F.4th 1265, 1284 (9th Cir. 2026) (“A state actor is entitled to qualified immunity if his conduct did not violate clearly established statutory or constitutional rights of which a reasonable person

Guadalupe Martinez-rodriguez v. United States

375 F. App'x 743 · Court of Appeals for the Ninth Circuit · Apr 14, 2010

Kevin Wetteland, a DEA agent, appeals denials of his renewed summary judgment motion for qualified immunity and motion for reconsideration. … An officer is entitled to qualified immunity if, (1) in the light most favorable to the injured party, the alleged facts “show the officer’s conduct violated a constitutional right,” and (2) the right violated was clearly

Kerr Center Parents Ass'n v. Charles

897 F.2d 1463 · Court of Appeals for the Ninth Circuit · Feb 26, 1990

By virtue of this agreement, the State qualifies for receipt of federal funds for special education. … The Eleventh Amendment clearly would prohibit the district court from awarding the plaintiffs restitution for benefits which were wrongfully withheld in the past.

Fairley v. Luman

281 F.3d 913 · Court of Appeals for the Ninth Circuit · Feb 15, 2002

John presented evidence sufficient to establish the City’s warrant procedures constituted a “policy.” … This is true whether the officers are exonerated on the basis of qualified immunity, because they were merely negligent, or for other failure of proof. See Chew v.

In Re Grand Jury Subpoena, Dated April 18, 2003, John Doe v. United States

383 F.3d 905 · Court of Appeals for the Ninth Circuit · Sep 2, 2004

“A district court abuses its discretion if it bases its ruling on an erroneous view of the law or on a clearly erroneous assessment of the evidence.” Id. (quoting Gerling Global Reinsurance Corp. v. … There, the government had granted act of production immunity and Hubbell later asserted that his immunity had been violated when the government used the documents it had subpoenaed from him to discover incriminating evidence

Cardenas v. Anzai

311 F.3d 929 · Court of Appeals for the Ninth Circuit · Nov 18, 2002

Hawaii has established the Hawaii Tobacco Settlement Special Fund, into which its share of the tobacco settlement proceeds will be deposited. … by sovereign immunity under the Eleventh Amendment.

James Denby v. David Engstrom

Court of Appeals for the Ninth Circuit · Mar 18, 2025

We have jurisdiction pursuant to 28 U.S.C. § 1291 for interlocutory orders denying qualified immunity, Mitchell v. … S. ____ (2025), 2025 WL 247502, at *4 (Jan. 21, 2025) (citing Hope and affirming that “[g]eneral legal principles can constitute clearly established law” in the rigorous AEDPA context).

Rifino v. United States

245 F.3d 1083 · Court of Appeals for the Ninth Circuit · May 10, 2001

The district court also dismissed appellee, the University of Washington, finding that sovereign immunity barred Rifino’s adversary proceeding. … Because the University of Washington withdrew its sovereign immunity claim on appeal to this court, we instruct the district court to vacate that part of its opinion.

G & G Fire Sprinklers, Inc. v. Bradshaw

136 F.3d 587 · Court of Appeals for the Ninth Circuit · Feb 3, 1998

The state also contends that the individual defendants in this case are entitled to qualified immunity. … Therefore, the individual defendants cannot claim qualified immunity as an affirmative defense to this action seeking declaratory and injunctive relief.

Katie John v. United States

247 F.3d 1032 · Court of Appeals for the Ninth Circuit · May 7, 2001

The agency possesses no expertise, however, that qualifies it to determine whether the rural subsistence priority applies to navigable waters. … Conclusion. 57 We would affirm the decision of the district court on the broader ground that, in a proper exercise of its Commerce Clause powers, Congress clearly established a subsistence priority that applies to all navigable