Case law
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119 F.3d 764 · Court of Appeals for the Ninth Circuit · Jul 11, 1997
A state will be deemed to have waived its sovereign immunity when (1) the state expressly consents to suit; (2) a state statute or constitution so provides; or (3) Congress clearly intended to condition the state's participation … immunity.
Cited 0 timesPublishedCourt of Appeals for the Ninth Circuit · Oct 8, 2024
The court declined to grant qualified immunity because Gadsden’s right to be free from retaliation was clearly established. See Shepard v. … On appeal, McGrath disputes the qualified immunity ruling, contending that the district court defined the right at issue too generally and that existing law would not have put a reasonable officer in his position on notice
Cited 0 timesUnpublished453 F.3d 1140 · Court of Appeals for the Ninth Circuit · Jul 12, 2006
This exception "restores the government's immunity in situations where its employees are carrying out governmental or `regulatory' duties," Faber v. … ARA, . . . than a mistaken judgment in a matter clearly involving choices among political, economic, and social factors." Id. at 1216 . And in Seyler v.
Cited 35 timesPublishedA & E Pacific Construction Company v. Saipan Stevedore Company, Inc.
888 F.2d 68 · Court of Appeals for the Ninth Circuit · Oct 19, 1989
Section 105 of the Covenant qualifies this language somewhat by requiring that Congress not exercise its legislative authority in such a way as to violate the "fundamental provisions" of the Covenant respecting the CNMI's … such immunity is set aside by an agency or court.
Cited 3 timesPublishedLeif Werner v. City of Poulsbo
548 F. App'x 381 · Court of Appeals for the Ninth Circuit · Dec 3, 2013
It was clearly established at the time that such an unprovoked use of force was unlawful and unreasonable. … We reverse the denial of qualified immunity insofar as it pertains to the taser usage.
Cited 0 timesUnpublishedCourt of Appeals for the Ninth Circuit · Jun 27, 2025
The district court properly granted summary judgment on the basis of qualified immunity because defendants’ conduct did not violate clearly established constitutional rights. See Sorrels v. … McKee, 290 F.3d 965, 971 (9th Cir. 2002) (concluding qualified immunity proper when there was no binding precedent and when “the policy’s illegality was not so obvious that any prison official involved in enforcing it
Cited 0 timesUnpublishedUnited States v. Frank Vincent Okiyama
521 F.2d 601 · Court of Appeals for the Ninth Circuit · Aug 20, 1975
The district court’s finding of substantial compliance is clearly erroneous. Persons who cannot understand, read or *604 speak English are not qualified to sit as jurors. ( 28 U.S.C. § 1865 (b).) … The Government argues that Okiyama failed to comply with Rule 6(b)(2) of the Federal Rules of Criminal Procedure, in that he did not establish that fewer than twelve grand jurors, “after deducting the number not legally qualified
Cited 20 timesPublishedKyle Cardenas v. Josiah Saladen
Court of Appeals for the Ninth Circuit · Mar 2, 2023
“Qualified immunity attaches when an official’s conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” White v. Pauly, 137 S. … are entitled to qualified immunity.
Cited 0 timesUnpublished722 F.2d 1457 · Court of Appeals for the Ninth Circuit · Jan 3, 1984
Enforcing a constructive trust on the Government would violate sovereign immunity in the absence of statutes or regulations clearly establishing fiduciary obligations. See United States v.
Cited 39 timesPublishedFrederick Jackson v. G. Lombardi
518 F. App'x 518 · Court of Appeals for the Ninth Circuit · Mar 1, 2013
Jackson cross-appeals the district court’s partial grant of the officers’ motion for judgment as a matter of law on the grounds that qualified immunity barred Jackson’s Fourth Amendment claims. … Jackson argues that the officers’ conduct was “so patently violative” of his constitutional rights that the lack of clearly established law is irrelevant. Deorle v.
Cited 2 timesUnpublishedCourt of Appeals for the Ninth Circuit · Mar 12, 2025
Connor, 490 U.S. 386, 396 (1989), “can clearly establish the answer, even without a body of relevant case law.” Rivas-Villegas v. Cortesluna, 595 U.S. 1, 6 (2021). … a clearly established right.
Cited 0 timesUnpublished518 F.2d 913 · Court of Appeals for the Ninth Circuit · Apr 25, 1975
Its preclusion of private injunction suits directed against railroad mergers is clearly superfluous. … ’s susceptibility to government suit to find the district court’s market definition clearly erroneous.
Overruled on other grounds by California v. American Stores Co., 495 U.S. 271 (1990)Cited 186 timesPublishedArizona Electric Power Cooperative, Inc. v. United States
816 F.2d 1366 · Court of Appeals for the Ninth Circuit · Jun 25, 1987
The Commission believed that the capital incentive rate established by section 10729 and extended by the Staggers Act immunized both the base rate and any cost recovery increases applied to that rate. 8 AEPCO appealed the … The Commission noted that inflation recovery was not a sufficient basis to immunize the rate increases from challenge.
Cited 1 timesPublished546 F. App'x 629 · Court of Appeals for the Ninth Circuit · Oct 28, 2013
In holding that section 1229a(c)(7)(C)(iv) did not apply, the BIA clearly found on August 24, 2012 that Nava was not a qualified alien. … That decision is reasonably construed as holding that Nava’s motion to reopen did not establish that he was a qualified alien.
Cited 2 timesPublishedRichard Mathis v. Richard Glover
591 F. App'x 635 · Court of Appeals for the Ninth Circuit · Feb 4, 2015
immunity. … established.”
Cited 1 timesUnpublishedCourt of Appeals for the Ninth Circuit · Mar 7, 2025
When resolving questions of qualified immunity in a § 1983 action, we engage in a two-prong inquiry. … Under the second prong, the district court concluded in error that the constitutional violation here was not clearly established.
Cited 0 timesUnpublished207 F.3d 1143 · Court of Appeals for the Ninth Circuit · Mar 31, 2000
Accordingly, all ERISA plans must establish reasonable, written procedures to determine the qualified status of a domestic relations order, to communicate those procedures to alternate payees, and to administer the distribution … The absence of any injustice is all the more true because ERISA clearly relaxes the need to specify the "last known mailing address[es]” of the participant and alternate payee by qualifying the requirement with the statement
Cited 57 timesPublished862 F.2d 771 · Court of Appeals for the Ninth Circuit · Dec 7, 1988
We held defendants immune from the suits because Stauber’s claims arose “incident to service.” Id. at 401. … Miller’s constitutional claims challenging his commanders’ and supervisors’ disciplinary decisions and actions are clearly of a type that “would involve the judiciary in sensitive military affairs at the expense of military
Cited 11 timesPublishedStanley C. Rybachek and Rosalie A. Rybachek v. United States of America, Leroy S. Loiselle
8 F.3d 29 · Court of Appeals for the Ninth Circuit · Sep 29, 1993
Fitzgerald, 457 U.S. 800, 818 (1982)). 15 Even if a constitutional violation occurred, the official is immune if "the right asserted by the plaintiff was not 'clearly established' or [the official] could have reasonably believed … The first question in our analysis is whether the Rybacheks had a clearly established right to be free from Loiselle's alleged conduct.
Cited 2 timesUnpublished564 F.2d 1299 · Court of Appeals for the Ninth Circuit · Nov 23, 1977
Alterna *1300 tively, Wilson claimed that he worked enough in employment qualified for credit to make the break-in-employment rule inapplicable. … The district court found that the facts did not support this contention, and its finding is not clearly erroneous.
Cited 42 timesPublished
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