Case law

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.

Faust v. Walt Disney Co.

22 F. App'x 825 · Court of Appeals for the Ninth Circuit · Nov 28, 2001

Because the police had probable cause to arrest Faust, no constitutional violation occurred and it is unnecessary to determine if the officers would benefit from qualified immunity. See Saucier v. … The § 1983 claim against Disney must also fail because Faust’s allegations against Disney fall far short of establishing that Disney should be treated as having acted under the color of state law. See Arnold v.

Estate of Cornejo Ex Rel. Solis v. City of Los Angeles

618 F. App'x 917 · Court of Appeals for the Ninth Circuit · Jul 23, 2015

A defendant is entitled to qualified immunity if plaintiffs have not shown facts that make out a constitutional violation or if the constitutional right violated was not clearly established. A.D. v. Cal. … In this case, however, Plaintiffs have shown a violation of Cornejo’s clearly established constitutional rights.

Kane v. Lewis & Clark County

111 F. App'x 870 · Court of Appeals for the Ninth Circuit · Sep 14, 2004

In considering a defense of qualified immunity, the Supreme Court has instructed that we first consider whether a constitutional right would have been violated on the facts alleged and, if so, whether the right was clearly … As an alternate ground we hold that the constitutional right was not clearly established.

Dichter-Mad Family Partners v. United States

Court of Appeals for the Ninth Circuit · Feb 12, 2013

adequacy of the plaintiff’s pleadings, and, In the FTCA immunity context, ‘‘[i]t is finding them to be insufficient under well-established that ‘the burden is on the Twombly, affirmed dismissal under the party … Circuit’s Ignatiev opinion re- qualified immunity ‘‘as much as possible in quires that district courts in that Circuit allow anticipation of a summary judgment mo- FTCA plaintiffs an opportunity

International Franchise Ass'n v. City of Seattle

803 F.3d 389 · Court of Appeals for the Ninth Circuit · Sep 25, 2015

The decisions are not clearly reconcilable, with two district courts upholding prohibitions on retailers wishing to build large establishments, Turlock, 483 F. Supp. 2d at 1012–14; Hampton, 997 F. … Washington courts employ a two-step inquiry to determine whether a law violates the privileges and immunities clause: (1) whether the law in question involves a privilege or immunity; if not, the provision is not implicated

James Denby v. David Engstrom

Court of Appeals for the Ninth Circuit · Feb 5, 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).

Elise Brown v. County of San Bernardino

Court of Appeals for the Ninth Circuit · Feb 7, 2023

a clearly established right. … the arrest such that the arresting officer is entitled to qualified immunity.”

Nelson v. Hoffman

58 F. App'x 758 · Court of Appeals for the Ninth Circuit · Mar 18, 2003

The district court properly found that D’Amico was entitled to qualified immunity because the evidence, viewed in the light most favorable to Nelson, did not show that D’Amico violated Nelson’s constitutional rights by delaying … McIntosh, 90 F.3d 330, 332 (9th Cir.1996) (concluding that a difference of opinion regarding medical treatment is insufficient to establish deliberate indifference).

Lonnie Williams, Jr. v. Daniel Paramo

775 F.3d 1182 · Court of Appeals for the Ninth Circuit · Jan 7, 2015

Under 28 U.S.C. § 1915, prisoner litigants are required to pay court filing fees, although financially qualified prisoners may pay the fees in increments. … Although the PLRA was intended to impose the costs of litigation on prisoners, its purposes do not extend as far as immunizing erroneous district court decisions. See Abdul-Akbar v.

Michele Santopietro v. Clayborn Howell

857 F.3d 980 · Court of Appeals for the Ninth Circuit · May 24, 2017

Resolving the first question in the light 8 Alternatively, the Officers contended below and, briefly, on appeal that they are entitled to qualified immunity. … We determine whether qualified immunity should be granted by construing the facts in the light most favorable to the non-moving party. See Jeffers v. Gomez, 267 F.3d 895, 903 (9th Cir. 2001) (per curiam).

Coyle v. Garuda Indonesia

363 F.3d 979 · Court of Appeals for the Ninth Circuit · Apr 12, 2004

The Badens paid for the tickets in Indonesian Rupiah, and the tickets were clearly labeled "DOMESTIK." … Here, plaintiffs' tickets clearly indicate that Delhi was the starting point of plaintiffs' travel.

Vernon v. City of Los Angeles

27 F.3d 1385 · Court of Appeals for the Ninth Circuit · Jun 23, 1994

Because we conclude that Vernon's state and federal constitutional rights were not violated, we do not address the district court's findings that the individual defendants were entitled to legislative and qualified immunity … Clause claim, absolute legislative immunity, and qualified immunity.

Adam Williams v. Michael Baskett

Court of Appeals for the Ninth Circuit · Jul 19, 2023

” which show 1 Williams asserts in a single sentence that Baskett is not entitled to qualified immunity because he failed to argue for qualified immunity in his motion for summary judgment. … But the district court noted that “[a]t oral argument, both sides raised the issue of qualified immunity.” And the district court addressed the parties’ arguments, so the issue is properly before us.

Townsend v. University of Alaska

543 F.3d 478 · Court of Appeals for the Ninth Circuit · Sep 5, 2008

422 U.S. 66, 78 , 95 S.Ct. 2080 , 45 L.Ed.2d 26 (1975) (internal quotation marks and citations omitted). *487 The first factor weighs in favor of finding an implied cause of action: USERRA clearly creates federal rights for … It is "firmly established ... that the absence of a valid (as opposed to arguable) cause of action does not implicate subject-matter jurisdiction” under 28 U.S.C. § 1331 . Steel Co. v.

Bette Bennett v. United States

44 F.4th 929 · Court of Appeals for the Ninth Circuit · Aug 11, 2022

The FTCA provides a limited waiver of the Government’s sovereign immunity for tort claims. See 28 U.S.C. §§ 1346(b)(1), 2671–2680. … The FTCA, however, establishes its own administrative claim procedure and statute of limitations provisions that apply uniformly in all states. See Poindexter v.

James Shilling v. Jackie Crawford

377 F. App'x 702 · Court of Appeals for the Ninth Circuit · Apr 28, 2010

“The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … his request for a kosher diet violated a clearly established First Amendment right.

State of Nevada, Richard H. Bryan, Governor of Nevada, Paul Laxalt, United States Senator, Chic Hecht, United States Senator, Barbara Vucanovich, United States Representative in Congress, Harry Reid, United States Representative in Congress v. James D. Watkins, Secretary of the United States Department of Energy, State of Nevada v. U.S. Department of Energy, James D. Watkins, Secretary of the United States Department of Energy, Arizona Public Service Company, Baltimore Gas & Electric Company, Carolina Power & Light Company, Consolidated Edison Company of New York, Inc., Detroit Edison Company, Duke Power Company, Duquesne Light Company, Florida Power & Light Company, Gulf States Utilities Company, Iowa Electric Light & Power Company, Madison Gas and Electric Company, New York Power Authority, Northeast Utilities, Northern States Power Company, Pennsylvania Power & Light Company, Public Service Electric & Gas Company, Union Electric Company, Virginia Power, Wisconsin Electric Power Company, Wisconsin Power and Light Company, and Wisconsin Public Service Corporation, Intervenors

914 F.2d 1545 · Court of Appeals for the Ninth Circuit · Sep 19, 1990

The Privileges and Immunities Clause 49 Nevada contends that the Article IV Privileges and Immunities Clause "protect[s] the privileges and immunities of states as political communities of citizens." … Nevada's construction of the Privileges and Immunities Clause is erroneous. 4.

United States of America and Rogers C. B. Morton, Secretary of the Interior v. Minnie E. Wharton, and Cross-Appellants. United States of America and Rogers C. B. Morton, Secretary of the Interior v. Minnie E. Wharton

514 F.2d 406 · Court of Appeals for the Ninth Circuit · Mar 18, 1975

The government had helped to arrange and had approved a contractual agreement which enabled the partners to qualify for the payments. It was this arrangement which the government was contesting. … Hickel, 427 F.2d 53 (9th Cir. 1970). 6 42 We summarized these prior decisions in Lazy FC Ranch by saying: 43 The Moser-Brandt-Schuster line of cases establish the proposition that estoppel is available as a defense against

Center For Biological Diversity v. Ann M. Veneman

335 F.3d 849 · Court of Appeals for the Ninth Circuit · Jul 7, 2003

Here, the statutory scheme includes the sovereign immunity inquiry, Gallo Cattle Co. v. … Thus, because 5 U.S.C. § 706 (1) requires the court to establish a mandatory duty to act as part of the immunity inquiry, the district court properly addressed the merits in a motion to dismiss. 2 At oral argument, the Forest