Case law

Dennis Lee Campbell v. Paul Burt, and John Doe (3), Police Officers

141 F.3d 927 · Court of Appeals for the Ninth Circuit · Apr 6, 1998

The primary issue before us is whether, for purposes of qualified immunity, the seven-day delay before filing the petition and obtaining post-deprivation judicial review violated Campbell’s clearly established procedural … However, “[a]n official is entitled to qualified immunity if the right which he allegedly violated is not ‘clearly established.’ ” Campbell, 949 F.Supp. at 1468 (quoting Anderson v.

Victor Perez v. James Cox

Court of Appeals for the Ninth Circuit · Sep 16, 2019

The Clearly Established Right The second part of the qualified immunity test requires that the constitutional right that has been violated was “clearly established” at the time of the alleged violation. … immunity analysis.3 And at prong two of the qualified immunity analysis, the majority points to no authority clearly establishing that the Use of Force Regulation actually promulgated by the Nevada Department of

Donna L. Todd v. United States of America and R.S. Wintrode, Jr., District Director, Internal Revenue Service

849 F.2d 365 · Court of Appeals for the Ninth Circuit · Jun 10, 1988

Accordingly, we confine this analysis to the qualified immunity issue. Ill Defendants’ assertion of qualified immunity presents a question of law. Mitchell v. … In such a case the defendant will be immune from suit. On the other hand, if a defendant has violated clearly established law, he will generally be liable.

Cole Spencer v. Aaron Pew

117 F.4th 1130 · Court of Appeals for the Ninth Circuit · Sep 16, 2024

As to this force, the panel affirmed the district court’s grant of qualified immunity based solely on the second, “clearly established law” prong of the qualified immunity test. … The district court concluded that Officers Pew and Rozema were shielded by qualified immunity because no clearly established law prohibited the degree of force they used in arresting Spencer.

Giebel v. Sylvester

244 F.3d 1182 · Court of Appeals for the Ninth Circuit · Apr 12, 2001

was not clearly established at the time of Sylvester’s actions. … not entitled to qualified immunity.

Lytle v. Wondrash

182 F.3d 1083 · Court of Appeals for the Ninth Circuit · Jul 7, 1999

Thus, the constitutional right Lytle asserts in the present case was not clearly established at the time the Appellants allegedly retaliated against her, and as a result they are entitled to qualified immunity. … established’ to preclude qualified immunity under Harlow and its progeny.”

Somers v. Thurman

109 F.3d 614 · Court of Appeals for the Ninth Circuit · Mar 25, 1997

To determine whether an official is entitled to qualified immunity, we conduct a two-part analysis: (1) We consider whether the law governing the official’s conduct was clearly established. … Therefore, an official is denied qualified immunity only if the law was clearly established and a reasonable official could not have believed the conduct was lawful.

Moran v. Washington

147 F.3d 839 · Court of Appeals for the Ninth Circuit · Jun 2, 1998

established” to defeat Senn’s assertion of qualified immunity. … established to defeat qualified immunity. .

Kennedy v. City of Ridgefield

411 F.3d 1134 · Court of Appeals for the Ninth Circuit · Jun 22, 2005

If Shields’s conduct did not violate Plaintiffs clearly established constitutional rights, he is entitled to qualified immunity. We now turn to those questions. B. … This doctrine was clearly established by the time the events of this case took place. Accordingly, the trial court’s denial of Shields’s motion for summary judgment based on qualified immunity is hereby AFFIRMED.

Marks v. Clarke

102 F.3d 1012 · Court of Appeals for the Ninth Circuit · Dec 19, 1996

that their conduct did not violate clearly established law. … Once again, under the clearly established law of Ybarra v.

Alford v. Haner

333 F.3d 972 · Court of Appeals for the Ninth Circuit · Jun 23, 2003

Defendants claimed they were entitled to qualified immunity and had probable cause for the arrest. … The first question under the two-part inquiry for determining whether the officers are entitled to qualified immunity is whether the “law governing the official’s conduct [was] clearly established.” Act-Up!/Portland v.

Phillips v. Hust

588 F.3d 652 · Court of Appeals for the Ninth Circuit · Dec 2, 2009

Second, assuming a constitutional violation, is Hust nevertheless entitled to qualified immunity because the relevant constitutional right was not “clearly established” at the time she acted? … Rather, we proceed directly to ask whether Hust is entitled to qualified immunity. C A state officer is not protected by qualified immunity where he or she has violated a clearly established constitutional right.

James v. Bryant, Jr. v. United States Treasury Department, Secret Service, and Jeff Jordan Brian v. Hunter

903 F.2d 717 · Court of Appeals for the Ninth Circuit · May 18, 1990

Racansky, 887 F.2d 183 (9th Cir.1989) (reversing district court’s denial of summary judgment on the basis of qualified immunity, finding that alleged conduct did not violate clearly established law), Merriman v. … 5 We conclude that the law was not clearly established.

Harris v. Roderick

126 F.3d 1189 · Court of Appeals for the Ninth Circuit · Sep 25, 1997

In order to determine whether the defendants are entitled to qualified immunity, we engage in a two-pronged inquiry: “1) Was the law governing the official’s conduct clearly established? … The Rules directly infringed on the clearly established constitutional rights of those at whom they were aimed, including Harris. There is no qualified immunity for such conduct, either.

Ryan Bonivert v. City of Clarkston

883 F.3d 865 · Court of Appeals for the Ninth Circuit · Feb 26, 2018

Alternatively, the officers claim they are entitled to qualified immunity because it was not clearly 14 BONIVERT V. … The constitutional right was clearly established for qualified immunity purposes. B.

Giebel v. Sylvester

244 F.3d 1182 · Court of Appeals for the Ninth Circuit · Apr 12, 2001

was not clearly established at the time of Sylvester's actions. … not entitled to qualified immunity.

Alonzo Johnson v. Claude Finn

665 F.3d 1063 · Court of Appeals for the Ninth Circuit · Dec 8, 2011

FINN 20857 sonable application of, clearly established Federal law, as determined by the Supreme Court of the United States.” 28 U.S.C. § 2254(d)(1). … [2] The only remaining question is whether the federal law that the Court of Appeal failed to apply reasonably was clearly established by the Supreme Court at the time of the Court of Appeal’s decision, as AEDPA requires

Chateaubriand v. Gaspard

97 F.3d 1218 · Court of Appeals for the Ninth Circuit · Oct 7, 1996

of qualified immunity. … The district court further denied summary judgment on qualified immunity grounds because “discharging a public employee in retaliation for protected speech violated clearly established law of which a reasonable person would

Jennifer Cruz v. the City of Anaheim

765 F.3d 1076 · Court of Appeals for the Ninth Circuit · Aug 28, 2014

CITY OF ANAHEIM threatening gesture, it would clearly be unreasonable for the officers to shoot him after he stopped his vehicle and opened the door.

Moss v. U.S. Secret Service

572 F.3d 962 · Court of Appeals for the Ninth Circuit · Jul 16, 2009

The R & R concluded that, with respect to the individual Agents, Plaintiffs had pleaded a violation of clearly established First Amendment law. … But even assuming that orders deferring a ruling on qualified immunity are immediately appealable in some circumstances, those circumstances are clearly-not present here.