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737 F.3d 554 · Court of Appeals for the Ninth Circuit · Dec 5, 2013
Sheriff Dep’t, 533 F.3d 780, 798 (9th Cir. 2008) (assuming the truth of allegations in the Complaint for the purpose of qualified immunity analysis). … Given the posture of the civil case, the district court’s denial of qualified immunity does not reflect a “unique event” distinguishing this case from Kembler.
Cited 26 timesPublishedCourt of Appeals for the Ninth Circuit · Aug 25, 2025
The UPA establishes notice requirements and details how unclaimed property must be delivered to the Department. … Sovereign Immunity Sovereign immunity bars suit against a state official when “the state is the real, substantial party in interest.” Pennhurst State Sch. & Hosp. v.
Cited 0 timesPublishedUnited States v. Raymond Allweil
5 F.3d 540 · Court of Appeals for the Ninth Circuit · Sep 22, 1993
Witness Immunity 8 The government may secure immunity under 18 U.S.C. Secs. 6002-6003 for a witness whose testimony "may be necessary to the public interest." … or using its immunity powers selectively to favor conviction.
Cited 0 timesPublishedEqual Employment Opportunity Commission v. Karuk Tribe Housing Authority, Opinion
260 F.3d 1071 · Court of Appeals for the Ninth Circuit · Aug 13, 2001
Both of those decisions involved parties that were clearly subject to the *1078 federal laws that authorized the administrative investigations. … Thus, it is well established that treaties should be construed liberally in favor of the Indians, with ambiguous provisions interpreted to their benefit....
Cited 67 timesPublished64 F.3d 1365 · Court of Appeals for the Ninth Circuit · Sep 8, 1995
The district court did not, however, award damages to Dilley, because it held that the defendants enjoyed qualified immunity. See Wood v. … Strickland, 420 U.S. 308 , 315 n. 6, 95 S.Ct. 992 , 997 n. 6 (1975) ("immunity from damages does not ordinarily bar equitable relief as well”). Dil-ley does not appeal this ruling. .
Cited 319 timesPublished740 F.3d 1294 · Court of Appeals for the Ninth Circuit · Jan 23, 2014
United States, to reconsider the rule we established in Aguila-Montes. 133 S. Ct. 90 (2012). … It is well established that if a party fails to raise an objection to an issue before judgment, he or she waives the right to challenge the issue on appeal.
Cited 20 timesPublished713 F.2d 504 · Court of Appeals for the Ninth Circuit · Oct 27, 1983
GRAY, District Judge, dissenting: I agree with the district court that the Government was entitled to immunity under the Nevada Recreational Use Statute and therefore would affirm the judgment rendered by the trial court. … I read the statute to mean quite clearly that the owner is exempt from liability unless he charges a fee for granting permission to participate in these recreational activities.
Cited 70 timesPublishedAloe Vera of America, Inc. v. United States
580 F.3d 867 · Court of Appeals for the Ninth Circuit · Jul 30, 2009
The remainder of section 7431, however, limits the scope of that general waiver of immunity. … By including this phrase, Congress clearly signaled that the stat- ute of limitations is absolute. Nevertheless, Aloe Vera argues that our decision in Cedars-Sinai Medical Center v.
Cited 21 timesPublished795 F.3d 1102 · Court of Appeals for the Ninth Circuit · Jul 31, 2015
A district court abuses its discretion if it does not apply the correct legal standard or if it rests its decision on a clearly erroneous finding of fact. See United States v. … Contemporaneous documentation is thus critical to detail the scope and terms of the agreement and equally critical to establish whether a breach occurred.
Cited 14 timesPublishedUnited States v. Timothy Leon Morris
904 F.2d 518 · Court of Appeals for the Ninth Circuit · May 31, 1990
Clearly, there was sufficient evidence for the derringer to qualify. In addition, the government produced evidence that no guns are manufactured in Montana, except certain handmade black powder weapons. … Clearly, the evidence was sufficient. AFFIRMED.
Cited 13 timesPublishedGoodman v. City of Los Angeles Police Department
708 F. App'x 888 · Court of Appeals for the Ninth Circuit · Sep 7, 2017
The district court did not err in granting summary judgment based on qualified immunity to the individual LAPD officer defendants on Goodman’s claims of *890 unlawful arrest and malicious prosecution. … See Ashcroft v. al-Kidd, 563 U.S. 731, 735 , 131 S.Ct. 2074 , 179 L.Ed.2d 1149 (2011) (public officials protected by qualified immunity unless it was “ ‘clearly established’ at the time of the challenged conduct” that their
Cited 1 timesUnpublished901 F.2d 750 · Court of Appeals for the Ninth Circuit · Apr 13, 1990
Goodyear has reserved the right to control the qualify of all tires manufactured by Goodyear GB. … See, e.g., Restatement § 402A comment K (immunizes manufacturers of some products that are unavoidably unsafe); Feldman v.
Cited 2 timesPublishedCourt of Appeals for the Ninth Circuit · Apr 29, 2024
As to the remaining claims, starting with Officer Richardson (who opened Sims’s trunk), he is not entitled to qualified immunity on the trunk search given our conclusion that the search was unlawful under clearly established … Because Nash had reasonable suspicion that Sims’s vehicle was stolen, however, Nash is entitled to qualified immunity for the excessive force claim for pointing his gun at Sims for lack of clearly established law.
Cited 0 timesUnpublished567 F.3d 554 · Court of Appeals for the Ninth Circuit · Jun 1, 2009
Eleventh Amendment and Qualified Immunity The district court correctly determined that school districts in California are immune from § 1983 claims by virtue of Eleventh Amendment immunity. Belanger v. … We need not reach the issue of whether qualified immunity extends to Bennett and Kinley, as Plaintiffs have raised no triable issue of fact as to whether either Bennett or Kinley violated the students’ constitutional rights
Cited 560 timesPublishedRobert Sepulveda v. Pacific Maritime Association
878 F.2d 1137 · Court of Appeals for the Ninth Circuit · Jun 23, 1989
As we held above, the district court's finding to the contrary on this issue was not clearly erroneous. … We cannot conclude that the district court's finding was clearly erroneous. 19 AFFIRMED. 1 Applicants refer to the following passages in the Agreement: 8 11 The Foremen's Joint Labor Relations Committee shall establish and
Cited 2 timesPublishedCourt of Appeals for the Ninth Circuit · Jul 14, 2023
orders denying qualified immunity generally fall within the collateral order doctrine.” … On those contested facts, the district court held that Defendants are not entitled to qualified immunity.
Cited 0 timesUnpublished588 F.2d 740 · Court of Appeals for the Ninth Circuit · Dec 27, 1978
The requisite causal connection can be established not only by some kind of direct personal participation in the deprivation, but also by setting in motion a series of acts by others which the actor knows or reasonably should … The good faith defense is an aspect of qualified immunity from section 1983 liability that public officials enjoy if they are acting in compliance with a valid statute. (Procunier v.
Cited 1,455 timesPublishedDeborah Stampfli v. Steve Stump
Court of Appeals for the Ninth Circuit · Apr 24, 2024
Second, the district court did not err in determining that Stampfli’s rights were clearly established at the time of her termination. … Indeed, 4 “[w]hen the law is clearly established, as here, the qualified immunity defense fails ‘since a reasonably competent public official should know the law governing his
Cited 0 timesUnpublished442 F. App'x 256 · Court of Appeals for the Ninth Circuit · Jul 7, 2011
On the qualified immunity determinations made by the district court, we affirm on the basis of this Court’s en banc decision in Motley, which resolved a qualified immunity claim in favor of law enforcement defendants on … Likewise, the district court took accurate account of the state of suspicionless search law in December 2003 when concluding that defendants did not violate any clearly established right of plaintiffs.
Cited 0 timesUnpublished514 F.3d 893 · Court of Appeals for the Ninth Circuit · Jan 24, 2008
Valinoti, who represented the entire Morales family throughout the course of Morales’s removal proceedings, failed to establish Morales’s mother as a qualifying relative for hardship analysis purposes. Cf. … With her mother established as a qualifying relative, it is certainly plausible that Morales would have met the hardship requirement because Morales’s mother, who lives with her, is permanently disabled.
Cited 79 timesPublished
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