Case law

Pintos v. Pacific Creditors

Court of Appeals for the Ninth Circuit · Apr 30, 2009

. § 1681e, which immunizes a reporting agency against FCRA violations by the agency’s subscribers so long as the agency takes certain steps. … If a debt has been judicially established, there is a “credit transaction involving the consumer” no mat- ter how it arose. The obligation is established as a matter of law, and the statute is satisfied.

Ministry of Defense and Support for the Islamic Republic of Iran v. Elahi

Court of Appeals for the Ninth Circuit · May 30, 2007

attachment immunity. … “At issue” is not synonymous with identity of subject matter, a distinction that Congress clearly understood when it drafted TRIA.

43 Fair empl.prac.cas. 1256, 43 Empl. Prac. Dec. P 37,073 Joanna R. Arnold v. United States of America, United States Postal Service and Orvene Carpenter

816 F.2d 1306 · Court of Appeals for the Ninth Circuit · May 5, 1987

She points out that the trend has been toward recognizing a defense of qualified rather than absolute immunity and suggests that no legitimate reason mandates treating claims of constitutional violations, when officials are … entitled to only qualified immunity, differently from state claims.

Navajo Nation v. Usdoi

996 F.3d 623 · Court of Appeals for the Ninth Circuit · Apr 28, 2021

In doing so, the Court observed that it had previously “found that particular ‘statutes and regulations . . . clearly establish fiduciary obligations of the Government’ in some areas.” … USDOI We stress that Winters rights are long-established and clearly qualify as rights “by implication” under a treaty. Gros Ventre, 469 F.3d at 810 (quoting Shoshone-Bannock, 56 F.3d at 1482).

Aleksandar MacKovski v. Ray Bex

Court of Appeals for the Ninth Circuit · Feb 7, 2020

To determine whether an officer is entitled to qualified immunity, a court considers “(1) whether there has been a violation of a constitutional right; and (2) whether that right was clearly established at the time of the … consider qualified immunity.

Adree Edmo v. Corizon, Inc.

935 F.3d 757 · Court of Appeals for the Ninth Circuit · Aug 23, 2019

In other words, the district court did not clearly err in making its credibility determinations, so it is not our role to reevaluate them. … CORIZON 65 does not immunize officials from the Eighth Amendment’s requirements. See Lopez v.

United States of America Ex Rel., Harold R. Fine v. Chevron, U.S.A., Inc. Bechtel Petroleum Operations, Inc. And Williams Brothers Engineering Company, United States of America Ex Rel., Harold R. Fine v. The University of California, and the Board of Regents of the University of California

39 F.3d 957 · Court of Appeals for the Ninth Circuit · Nov 2, 1994

The district court's factual findings on jurisdictional issues must be accepted unless clearly erroneous. … The IGA established independent offices within various federal departments and agencies. Id. at Sec. 2. These offices are charged with monitoring, investigating, and reporting fraud.

Sunkist Growers, Inc. v. Adelaide Shipping Lines, Ltd., Claimant-Appellee, and Salen Reefer Services Ab, and M/v Gladiola

603 F.2d 1327 · Court of Appeals for the Ninth Circuit · Apr 19, 1979

Those cases held that the immunities in Section 3 of the Harter Act were granted only if the carrier first established that all of its employees exercised due diligence to make the vessel in all respects seaworthy. … RIGHTS AND IMMUNITIES 1.

Larry Risk, Individually and as Guardian Ad Litem for Karima Risk and Jamil Risk v. K.I. Halvorsen Olaf Solli, Larry Risk, Individually and as Guardian Ad Litem for Karima Risk and Jamil Risk v. Kingdom of Norway

936 F.2d 393 · Court of Appeals for the Ninth Circuit · Jun 5, 1991

Id. at 673 . 19 While the Letelier court apparently considered "action that is clearly contrary to the precepts of humanity" outside the scope of the discretionary function exception, id., the nature of the act in that case … We need not address that issue because we hold that the officials are immune under the VCCR. IV.

Angel Goff v. Juan Ramirez, Jr.

Court of Appeals for the Ninth Circuit · Feb 13, 2020

Ramirez argues that he has statutory immunity from Goff’s tort claims under Ariz. Rev. Stat. § 31-201.01(F), and that he has qualified immunity from Goff’s § 1983 claims. … Qualified immunity protects government officials acting in their official capacities from civil liability unless their conduct violates “clearly established statutory or constitutional rights of which a reasonable person

San Carlos Apache Tribe v. Arizona

668 F.2d 1093 · Court of Appeals for the Ninth Circuit · Feb 23, 1982

In these circumstances, principles of wise judicial .administration clearly counsel against federal adjudication of the Tribes’ claims. … They too are immune from suit. California v. Quechan Tribe of Indians, 595 F.2d 1153 , 1155 (9th Cir. 1979).

Ricardo J. Bordallo, Governor of Guam v. George W. Baldwin, Jr.

624 F.2d 932 · Court of Appeals for the Ninth Circuit · Aug 4, 1980

Defendants argue that the Governor’s general appointive power as set forth in Section 1422c(a), was clearly intended to be subject to legislative action, otherwise Congress would not have included the phrase “except as otherwise … hereafter to be organized shall not pass local or special laws in any of the following enumerated cases, that is to say: ‘. . . granting to any corporation, association, or individual any special or exclusive privilege, immunity

Ronwin v. Shapiro

657 F.2d 1071 · Court of Appeals for the Ninth Circuit · Oct 1, 1981

QUALIFIED PRIVILEGE OF INDIVIDUAL DEFENDANTS 16 Because the district court concluded that the entire action was barred by the eleventh amendment, it did not reach the question of privilege. … This evidence might be important to establish that Dickinson and Shapiro were "officers, agents and employees" of the State within the meaning of Ariz.Rev.Stat. § 41-621 A.3 (Supp. 1980), which provides indemnification to

Plumeau v. School District 40

130 F.3d 432 · Court of Appeals for the Ninth Circuit · Dec 4, 1997

No. 16, 894 F.2d 1176 (10th Cir.1990); Stoneking, 882 F.2d at 727 (holding that student’s right to be free from sexual molestation is clearly established). … Second, the letter discusses the issue of qualified immunity for state-law tort claims, not municipal liability under § 1983.

Christina Sato v. County of San Bernardino

Court of Appeals for the Ninth Circuit · Nov 2, 2023

“Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Kisela v. Hughes, 138 S. … Although a right is not clearly established where merely defined “at a high level of generality,” qualified immunity does not “require a case directly on point.” Kisela, 138 S. Ct. at 1152.

Robert Finley v. Dwight Neven

388 F. App'x 694 · Court of Appeals for the Ninth Circuit · Jul 20, 2010

decision regarding qualified immunity. Ramirez v. City of Buena Park, 560 F.3d 1012, 1019 (9th Cir. 2009). We affirm. … The district court properly concluded that defendants were entitled to qualified immunity because prisoners do not have a clearly established right to sleep on a comfortable mattress. See Rhodes v.

James D. MacIel v. James K. Rowland, Individually and as Director of the Dept. Of Corrections, State of California Eddie Ylst

5 F.3d 537 · Court of Appeals for the Ninth Circuit · Sep 2, 1993

This contention lacks merit. 20 Governmental entities which qualify as "arms of the state" under the eleventh amendment are not considered "persons" for purposes of section 1983. Thompson v. … The medical department of a state prison or medical institution is clearly an "arm of the state." Thus, the district court properly granted judgment for the medical departments at Folsom and CMF.

United States v. Colfax Grain Growers, Inc.

157 F.2d 633 · Court of Appeals for the Ninth Circuit · Oct 8, 1946

specifically prevent recovery by taxpayer in this suit and argues that because taxpayer’s non-member business amounted to between 27% and 38% of the total business during the years in question, taxpayer’s employees “do not qualify … A. § 291, The Capper-Volstead law — immunity from anti-trust laws; 12 U.S. C.A. § 1141j, Agricultural Marketing Act.

Barnes v. Yahoo, Inc.

Court of Appeals for the Ninth Circuit · May 7, 2009

immunity. … Toledo, 446 U.S. 635, 640 (1980) (“Since qualified immunity is a defense, the burden of pleading it rests with the defen- dant.”).

Aloe Vera of America v. United States

Court of Appeals for the Ninth Circuit · Sep 2, 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.  ALOE VERA OF AMERICA v.