Case law

Hogshire v. City of Seattle

26 F. App'x 703 · Court of Appeals for the Ninth Circuit · Jan 11, 2002

Howard also had sufficient information to establish Black’s veracity and reliability. … We reject Hogshire’s contention that Howard is not entitled to the defense of qualified immunity because he included an allegedly false statement in his affidavit.

Yosh Sakamoto v. Duty Free Shoppers, Ltd.

764 F.2d 1285 · Court of Appeals for the Ninth Circuit · Jul 1, 1985

.”); Matter of Baker, 693 F.2d 925, 925-26 (9th Cir.1982) (prior case found not to have established controlling precedent on issue before the court since the question at issue was neither contested nor ruled upon in that … Plaintiffs, however, try to fit this case within the line of Supreme Court cases holding that municipalities, unlike state governments and federal instrumentalities, are not immune unless acting pursuant to clearly articulated

Robin Hall v. Debra Maioho-Pohina

Court of Appeals for the Ninth Circuit · May 3, 2023

Thus, just as with other interlocutory appeals of district courts’ denials of qualified immunity, we are permitted to resolve this appeal at this time. 3 enjoys qualified immunity … , the court asks, in the order it chooses, (i) whether the alleged misconduct violated a constitutional right and (ii) whether the right was clearly established at the time of the alleged misconduct.”

United Investors Life Insurance v. Waddell & Reed Inc.

360 F.3d 960 · Court of Appeals for the Ninth Circuit · Feb 23, 2004

It is well established that “lack of federal juris *967 diction cannot be waived or be overcome by an agreement of the parties.” Mitchell v. … This would be true even if the district court clearly misapplied SLUSA’s preemption provisions. Gravitt v. Southwestern Bell Tel.

United States v. Sherryanne Christie

825 F.3d 1048 · Court of Appeals for the Ninth Circuit · Jun 14, 2016

Even if some of these arguments are debatable, they are simply too weak to survive under our deferential “clearly erroneous” standard of review. … Ct. at 2782 n.40 (explaining that to qualify as a less restrictive means, a proposed alternative must “accommodate[] the religious beliefs asserted in these cases”).

Jin Soo Lee v. Immigration & Naturalization Service

541 F.2d 1383 · Court of Appeals for the Ninth Circuit · Sep 13, 1976

Within the limits, the regulation leaves to the particular religious order for whom the alien works the establishment of the kind of skills, training and experience that specially qualify the alien for the religious duties … Lee has clearly discharged his burden of establishing his eligibility for adjustment of status.

Shermoen v. United States

982 F.2d 1312 · Court of Appeals for the Ninth Circuit · Dec 24, 1992

But such is clearly not the case before us; the absent tribes have an indisputable interest in the outcome of appellants’ suit, and the Act, which has created that interest, is not so palpably unconstitutional that we could … The absent tribes, while necessary, cannot be joined due to their sovereign immunity.

Dewayne Bearchild v. Kristy Cobban

947 F.3d 1130 · Court of Appeals for the Ninth Circuit · Jan 16, 2020

Mitchell sought qualified immunity, primarily arguing that his conduct did not rise to the level of a constitutional violation, even if the disputed facts were assumed in Schwenk’s favor. Id. at 1195. … Schwenk affirmed the district court’s order denying Mitchell qualified immunity, holding “the Eighth Amendment right of prisoners to be free from sexual abuse was unquestionably clearly established prior to the time of this

Mitchell v. Office of the Los Angeles County Superintendent of Schools

805 F.2d 844 · Court of Appeals for the Ninth Circuit · Dec 2, 1986

In order to establish a prima facie claim of race discrimination under Title VII, a plaintiff must show that (1) he belongs to a racial minority; (2) he applied and was qualified for a job for which the employer was seeking … Mitchell, the person who successfully applied was better qualified than the plaintiff.

Reginald Smith v. County of Los Angeles

584 F. App'x 716 · Court of Appeals for the Ninth Circuit · Aug 29, 2014

Although the right to international travel is clearly established in general, see Eunique v. … We conclude only that Sheriff Baca is entitled to qualified immunity because the law governing Smith’s right to travel claim is not clearly established.

Milke v. Ryan

711 F.3d 998 · Court of Appeals for the Ninth Circuit · Mar 14, 2013

Contrary to clearly established Federal law. Long-established Supreme Court precedent holds that the prosecution must turn over exculpatory evidence to the defense. … Having established that Milke’s claim is not barred by the state court decision (which was both contrary to clearly established federal law and based on an unreasonable determination of the facts), that her claim was preserved

Steward v. United States

282 F. App'x 595 · Court of Appeals for the Ninth Circuit · Jun 13, 2008

DISCUSSION The FTCA waives the government’s immunity for tort claims arising out of the negligent conduct of government employees acting within the scope of their employment. Terbush v. … Steward failed to establish the requisite elements for his claim of civil conspiracy. See Klistoff v. Superior Court, 157 Cal.App.4th 469 , 68 Cal.Rptr.3d 704, 712 (2007) (listing elements).

John Gillibeau v. City Of Richmond

417 F.2d 426 · Court of Appeals for the Ninth Circuit · Oct 13, 1969

between them and the state or local officials who clearly acted under color of state law. … As indicated above, this is an inadequate allegation to establish a conspiratorial relationship and a motion to make more definite and certain in this regard would have been proper.

PACIFIC MARINE CENTER, INC. v. SCOTT SILVA

553 F. App'x 671 · Court of Appeals for the Ninth Circuit · Jan 21, 2014

In applying the qualified immunity doctrine, we need not determine whether a Fourth Amendment violation occurred if an officer did not violate clearly established law. Cameron v. … Ct. 3, 4 (2013) (“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

United States v. Sanmina Corporation

968 F.3d 1107 · Court of Appeals for the Ninth Circuit · Aug 7, 2020

Like other qualified privileges, it may be waived.” Nobles, 422 U.S. at 239. … Rather, waiver of work-product immunity requires either disclosure to an adversary or conduct that is inconsistent with the  UNITED STATES V.

Kildare v. Saenz

325 F.3d 1078 · Court of Appeals for the Ninth Circuit · Mar 24, 2003

In City of New York and Johnson , the plaintiffs challenged specific state policies that conflicted with established law. … Thus, even if we were to hold that the relief sought does put their claims on a different track from the determination of benefits, the purposes of exhaustion would still be clearly served by requiring it here.

Anthony Penton v. Layton Johnson

Court of Appeals for the Ninth Circuit · Oct 30, 2023

summary judgment on qualified-immunity grounds, and argues that plaintiff Anthony Penton’s rights to access the courts and to receive mail were not clearly established. … Johnson’s conduct violated Penton’s constitutional right to mail and a body of clearly established case law. This violation was so obvious as to preclude qualified immunity. See Wesby, 583 U.S. at 63. 3.

James Gund v. County of Trinity

624 F. App'x 519 · Court of Appeals for the Ninth Circuit · Dec 7, 2015

Qualified immunity protects government officials from liability when their conduct does not violate clearly established constitutional or statutory rights. Hope v. Pelzer, 536 U.S. 730, 739 (2002). … We have repeatedly found that qualified immunity does not shield a state actor from liability when his conduct exposes a civilian to assault. See Kennedy, 439 F.3d at 1063; L.W. v.

Ileto v. Glock, Inc.

Court of Appeals for the Ninth Circuit · May 11, 2009

We acknowledged that the grant of immunity arguably did deprive the plaintiffs of a protected property interest. … Craig) (“This is not a gun industry immunity bill.

Theodore Collins v. United States

269 F.2d 745 · Court of Appeals for the Ninth Circuit · Aug 7, 1959

.’ * * * Of course the mere fact that false swearing is an incident to the obstruction charged does not immunize the culprit from contempt proceedings.” … .; clearly an obstruction of justice punishable by contempt.