Case law

Anthony Beasley v. City of Keizer

525 F. App'x 549 · Court of Appeals for the Ninth Circuit · May 14, 2013

Qualified immunity shields government officials from civil liability unless a plaintiff demonstrates: “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ … Ct. at 2083, Beasley cannot demonstrate the violation of a clearly established right. Thus, both the District Attorneys and the Officers are entitled to qualified immunity.

Delta Savings Bank v. United States

265 F.3d 1017 · Court of Appeals for the Ninth Circuit · Jul 12, 2001

In Pareto, the result was not "absurd or impracticable" because the FDIC was qualified to decide, on behalf of the former stockholders, whether the bank should sue the directors for breaching the duty of loyalty and for misrepresenting … The prior decision should be followed unless: (1) the decision is clearly erroneous and its enforcement would work a manifest injustice, (2) intervening controlling authority makes reconsideration appropriate, or (3) substantially

Richard Fredericks v. Gary Wright George Burke City of Forest Grove and John Doe, a Fictitious Person

46 F.3d 1141 · Court of Appeals for the Ninth Circuit · Jan 20, 1995

Qualified Immunity 13 Police officials are entitled to qualified immunity in a Sec. 1983 action if their conduct "does not violate clearly established statutory or constitutional rights of which a reasonable person would … In deciding whether officials are entitled to qualified immunity, we must determine (1) whether the right was clearly established at the time of the alleged violation, and (2) whether, in light of that law, a reasonable official

Donald Leach v. T Drew

385 F. App'x 699 · Court of Appeals for the Ninth Circuit · Jun 28, 2010

.*** Appellants Carey, Drew, Schroeder, and Haws (collectively, “Appellants”) appeal for the second time the district court’s denial of their motion for summary judgment on the issue of qualified immunity. … Pelzer, 536 U.S. 730, 744 (2002) (relying in part on Alabama Department of Corrections regulation to conclude that use of “hitching post” violated an inmate’s clearly established Eighth Amendment rights).

Jaycee Dugard v. United States

835 F.3d 915 · Court of Appeals for the Ninth Circuit · Aug 26, 2016

Singer Co., 706 F.2d 1027, 1029 (9th Cir. 1983) (discussing the duty to warn under California law and concluding that it “clearly” requires a “foreseeable and specifically identifiable” victim); Rice v. Ctr. … “Instead, [Johnson and Tarasoff] stand for the principle that a special relationship, such as that between the state and a person in its custody, establishes a duty to use 24 DUGARD V.

Nathaniel Smith v. City of Stockton

Court of Appeals for the Ninth Circuit · Jun 26, 2020

They challenge the district court’s denial of qualified immunity. … We also reverse the denial of qualified immunity to Mayer for unleashing his dog to apprehend Smith. No clearly established law proscribed Mayer’s conduct under the circumstances.

Peter Gonzalez v. J. Garibay

553 F. App'x 726 · Court of Appeals for the Ninth Circuit · Jan 27, 2014

Garibay, a California state correctional officer, appeals from the district court’s order denying him qualified immunity in Peter Gonzalez’s 42 U.S.C. … and that those facts, if proven, would establish a violation of Gonzalez’s clearly established First Amendment rights.

Primiano v. Cook

598 F.3d 558 · Court of Appeals for the Ninth Circuit · Apr 27, 2010

Primiano’s burden was to establish a defect in the manufacture of the artificial elbow. … qualified to render the opinion: If scientific, technical, or other specialized knowl- edge will assist the trier of fact to understand the evi- dence or to determine a fact in issue, a witness qualified

Brent Boyd v. Bert Bell/pete Rozelle Nfl Players Retirement Plan Nfl Player Supplemental Disability Plan the Disability Board

410 F.3d 1173 · Court of Appeals for the Ninth Circuit · Jun 13, 2005

The NFL Plan is governed by the Employee Retirement Income Security Act (“ERISA”) and was established pursuant to collective bargaining agreements between the National Football League Players Association (“Players Association … II The NFL Plan was established pursuant to collective bargaining and grants to the Retirement Board the full discretion to adjudicate claims and interpret the Plan.

United States v. California Mobile Home Park Management Co.

29 F.3d 1413 · Court of Appeals for the Ninth Circuit · Jul 18, 1994

Besides the fact that § 3604’s reasonable accommodations requirement contains no exemption for financial costs to the landlord, 1 the history of the FHAA clearly establishes that Congress anticipated that landlords would … There are, of course, many types of residential fees that affect handicapped and non-handicapped residents equally; such fees are clearly proper.

Estate of Tyler S. Rushing v. Ag Private Protection, Inc.

Court of Appeals for the Ninth Circuit · Nov 30, 2021

established law and thus is entitled to qualified immunity. 979 F.3d 645 (9th Cir. 2020), rev’d on qualified immunity grounds sub nom. … Although the District Court did not reach qualified immunity,3 we have discretion to decide “in the first instance” the legal question whether the “asserted federal right was clearly established” at the time of the offense

Stanley R. Caidin v. United States

564 F.2d 284 · Court of Appeals for the Ninth Circuit · Nov 3, 1977

The FTCA is a waiver of sovereign immunity by the federal government and sets out explicit procedural rules which must be followed in order to invoke this jurisdiction. 28 U.S.C. § 2671 et seq. … The cases establish that the sum certain requirement demands more than mere general notice to the government of the approximate amount of a claim. Avril v. United States, 461 F.2d 1090 (9th Cir. 1972); Molinar v.

Thomas Deskins v. City of Bremerton

388 F. App'x 750 · Court of Appeals for the Ninth Circuit · Jul 21, 2010

II We also agree with the district court that Hedstrom is entitled to qualified immunity with respect to Deskins’s arrest. … Hedstrom is thus entitled to qualified immunity. AFFIRMED. -3-

United States v. Mendonsa

Court of Appeals for the Ninth Circuit · Sep 16, 2026

The panel held that, in relying on documents from state-court proceedings, the district court neither clearly erred in finding at least two separate instances of qualifying sexual abuse nor abused … Its placement outside Chapter Four therefore does not establish that the qualifying conduct must be related to the offense of conviction.

Cachil Dehe Band of Wintun Indians v. California

536 F.3d 1034 · Court of Appeals for the Ninth Circuit · Aug 8, 2008

It is important to identify clearly the Compact Tribes’ interest at stake. … As a consequence, the opportunity to obtain licenses does not qualify as a legally protected interest for Rule 19 purposes.

Franchise Realty Interstate Corporation and McDonald Systems of California, Inc. v. San Francisco Local Joint Executive Board of Culinary Workers

542 F.2d 1076 · Court of Appeals for the Ninth Circuit · Nov 2, 1976

Both of these activities are clearly within the direct lobbying immunity recognized by Noerr, Pennington and Trucking Unlimited itself. 4 *1082 Ordinarily the conclusory nature of plaintiffs’ allegations might warrant greater … Moreover, it takes little to establish a conflict of evidence as to a material fact.

Elmer PRATT, Plaintiff-Appellee, v. James K. ROWLAND; James Gomez, Director; Daniel Vasquez; Robert Borg, Et Al., Defendants-Appellants

65 F.3d 802 · Court of Appeals for the Ninth Circuit · Sep 18, 1995

Because we find that the district court’s decision was based upon clearly erroneous findings of fact, we reverse. … In fact, we recently recognized that the prohibition against retaliatory punishment is “clearly established law” in the Ninth Circuit, for qualified immunity purposes. Schroeder v.

Ugochukwu Nwauzor v. the Geo Group, Inc.

Court of Appeals for the Ninth Circuit · Aug 13, 2025

has clearly authorized such regulation.” … “Hancock thus establishes that a federally owned facility performing a federal function is shielded from direct state regulation, even though the federal function is carried out by a private contractor, unless Congress clearly

Izhak Bahat v. Joseph Sureck, District Director of the Immigration and Naturalization Service, Los Angeles District

637 F.2d 1315 · Court of Appeals for the Ninth Circuit · Jan 30, 1981

Although Patel invested money and applied for the investor exemption well after Heitland was decided, we doubt that he could have clearly determined what he must do to qualify for the exemption. … that he has had at least 1 year’s experience or training qualifying him to engage in such enterprise....” 3 .

United States v. Russell

664 F.3d 1279 · Court of Appeals for the Ninth Circuit · Jan 5, 2012

The Elev- enth Circuit was presented with a similar issue in a qualified immunity appeal. The court held that “a brief and discreet 26 UNITED STATES v. … In Blake, the Eleventh Circuit affirmed the district court’s determination as not being clearly errone- ous. We do the same here.