Case law

Alice Brown v. County of San Bernardino

Court of Appeals for the Ninth Circuit · Mar 19, 2021

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 a reasonable person would have … It is not clearly established that there is a Fourteenth Amendment violation in a situation like the one here, where the child’s mother asserts that her rights were violated because her child, who was in protective police

James Thomas v. Everett Carroll

407 F. App'x 142 · Court of Appeals for the Ninth Circuit · Dec 22, 2010

The district court denied the motion of the ODOT individual defendants for summary judgment on the grounds of qualified immunity. We affirm. … The constitutional proposition that an arrest may not be made without probable cause of a violation is clearly established.

Temengil v. Trust Territory of the Pacific Islands

881 F.2d 647 · Court of Appeals for the Ninth Circuit · Jul 28, 1989

Plaintiff has not shown that the district court’s findings were clearly erroneous. See Rathgeb v. Air Cal, Inc., 812 F.2d 567, 570 (9th Cir.1987). … The temporary separate bureaucracy established by the Secretary of Interior was dissolved. .

United States v. Frank Fredman

833 F.2d 837 · Court of Appeals for the Ninth Circuit · Dec 2, 1987

The record clearly establishes that the seized components are not “designed ... for use in converting” the same into an explosive or incendiary bomb or grenade. … Since the district court’s special finding on intent is not clearly erroneous, we conclude that the requisite “intent to use” has not been established.

United States v. Oscar Garcia-Hernandez

Court of Appeals for the Ninth Circuit · Jun 25, 2009

qualifying conviction. … The district court’s findings are not clearly erroneous. See United States v.

Lujan v. Pacific Maritime Ass'n

165 F.3d 738 · Court of Appeals for the Ninth Circuit · Jan 22, 1999

After the district court entered judgment, this court determined in another case that “neither application for nor receipt of disability benefits automatically bars a claimant from establishing that [he] is a qualified person … PMA and the Union dispute Lujan’s claim that he can perform signal and clerk assignments, but they have not established the absence of a genuine issue of material fact with regard to those matters. 5 Nor have they established

Kearney v. Foley & Lardner, LLP

582 F.3d 896 · Court of Appeals for the Ninth Circuit · Sep 18, 2009

Not all petitioning activity is immunized, however. A “sham” exception to the doctrine developed to prevent the immunization of conduct that used “governmental process ... as an anticompetitive weapon.” Kottle v. Nw. … Although Living Designs was not considered under Noerr-Pennington, the Sosa court said “the conduct alleged quite clearly fell within the third prong of Kottle’s sham litigation exception, in that it amounted to a ‘knowing

Blair v. Martel

645 F.3d 1151 · Court of Appeals for the Ninth Circuit · Jul 20, 2011

Because no Supreme Court decision clearly establishes such a right, we affirm the denial of the writ. I. … Ayers, 632 F.3d 500, 523 (9th Cir. 2011), where we held that no clearly established Supreme Court pre- cedent recognizes a due process right to a speedy appeal.

Gill v. Stern (In re Stern)

345 F.3d 1036 · Court of Appeals for the Ninth Circuit · Feb 4, 2003

Rather, the “... court ... must have undercut the theory or reasoning underlying the prior circuit precedent in such a way that the cases are clearly irreconcilable.” Id. at 900 . … We explained that this “evidence was insufficient as a matter of law to establish fraud.” Id.

Sandschulte v. City of Black Diamond

37 F.3d 1506 · Court of Appeals for the Ninth Circuit · Sep 27, 1994

First, the terminated employee must establish that the relevant conduct was constitutionally protected. … Olson argues, however, that the district court's judgment should be affirmed because Olson is entitled to qualified immunity because Sandschulte failed to establish that Olson's conduct was objectively unreasonable.

United States v. Town of Colorado City

Court of Appeals for the Ninth Circuit · Aug 26, 2019

Taken together, this evidence is sufficient to establish that the Towns conspired with FLDS members to advance the Church’s illicit objectives. The district court did not clearly err in making that finding. … Despite the Towns’ argument, Ranger John Nick Hanna was qualified to testify about Jeffs’ dictations.

Yee Si, Also Known as Yee Suey v. John P. Boyd, District Director of Immigration and Naturalization

243 F.2d 203 · Court of Appeals for the Ninth Circuit · Apr 10, 1957

together with their body and household servants, and Chinese laborers who are now in the United States shall be allowed to go and come of their own free will and accord, and shall be accorded all the rights, privileges, immunities … They also clearly show that Congressional enactments supersede treaty provisions inconsistent with them. [Many cases cited.]” 3.

Charles K. Kanekoa Warren E. Kanekoa v. City and County of Honolulu Douglas G. Gibb, and State of Hawaii, Defendant/intervenor-Appellee. Damien Melemai v. City and County of Honolulu Douglas G. Gibb

879 F.2d 607 · Court of Appeals for the Ninth Circuit · Jun 29, 1989

immunity as a defense to the actions. … immunity as a defense.

Hamilton v. Brown

630 F.3d 889 · Court of Appeals for the Ninth Circuit · Jan 4, 2011

screening stage, the court must dismiss the complaint or any portion thereof that is “frivolous, malicious, or fails to state a claim upon which relief may be granted,” or “seeks monetary relief from a defendant who is immune … The plurality explained that “the DNA profile derived from the defendant’s blood sample establishes only a record of the defendant’s identity—otherwise personal information in which the qualified offender can claim no right

G & G Fire Sprinklers, Inc. v. Victoria L. Bradshaw, an Individual, in Her Capacity as Labor Commissioner of the State of California Lloyd W. Aubry, Jr., Director Daniel Dellarocca, an Individual, in His Official Capacity as Deputy Labor Commissioner of the State of California Roger Miller, an Individual in His Official Capacity as Deputy Labor Commissioner of the State of California Rosa Frazier, an Individual in Her Capacity as Deputy Labor Commissioner of the State of California, G & G Fire Sprinklers, Inc. v. Victoria L. Bradshaw, an Individual, in Her Official Capacity as Labor Commissioner of the State of California Lloyd W. Aubry, Jr., an Individual, in His Official Capacity as Director of the Department of Industrial Relations of the State of California Daniel Dellarocca, an Individual, in His Official Capacity as Deputy Labor Commissioner of the State of California Roger Miller, an Individual in His Official Capacity as Deputy Labor Commissioner of the State of California Rosa Frazier, an Individual, in Her Official Capacity as Deputy Labor Commissioner of the State of California Division of Labor Standards Enforcement, an Agency of the State of California Department of Industrial Relations, an Agency of the State of California

156 F.3d 893 · Court of Appeals for the Ninth Circuit · Sep 10, 1998

immunity. … "Qualified immunity is an affirmative defense to damage liability; it does not bar actions for declaratory or injunctive relief." American Fire, Theft & Collision Managers, Inc. v.

Anthony Defrancesco v. Arizona Board of Regents

Court of Appeals for the Ninth Circuit · Jan 19, 2023

The district court ruled that Goldman engaged in unprotected speech, and alternatively, UAHS was entitled to qualified immunity. … The district court also concluded that DeFrancesco’s claims were barred by qualified immunity because DeFrancesco’s First Amendment right to be free from retaliation for the speech of his spouse is not “clearly established

Ryan Morrison v. Alvaro Ramos

Court of Appeals for the Ninth Circuit · Oct 16, 2023

Qualified immunity protects government officials from liability for civil damages unless a plaintiff shows “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established … In the absence of clearly established law, the officers were entitled to qualified immunity on Morrison’s claims. AFFIRMED. 4

Annabell M. Williamson, Administratrix of the Estate of Lee A. Williamson, Deceased v. Weyerhaeuser Timber Company, a Corporation

221 F.2d 5 · Court of Appeals for the Ninth Circuit · Apr 11, 1955

It had qualified under the provisions of that Act. Koreski, the plaintiff, was not an employee of the Seattle Hardware Company. … It is immemorially established that where suit is brought for an act alleged to be a tort, the law of the place where that act occurred must govern its character.

James Dimaya v. Loretta E. Lynch

803 F.3d 1110 · Court of Appeals for the Ninth Circuit · Oct 19, 2015

Nor could they, for it “is well established that the Fifth Amendment entitles aliens to due process of law in deportation proceedings.” Demore v. … Accordingly, Johnson’s holding with respect to the imprecision of the serious potential risk standard is also clearly applicable to § 16(b).

Planned Parenthood Arizona Inc v. Tom Betlach

727 F.3d 960 · Court of Appeals for the Ninth Circuit · Aug 22, 2013

of Ind., 699 F.3d at 968; Harris, 442 F.3d at 459.4 Section 1983 creates a federal remedy against anyone who, under color of state law, deprives “any citizen of the United States . . . of any rights, privileges, or immunities … For example, a doctor could establish that requisite by submitting a declaration or sworn testimony that she is willing to provide Medicaid patients with the service in question.