Case law

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.

Richard Glair v. City of Santa Monica

649 F. App'x 411 · Court of Appeals for the Ninth Circuit · Apr 21, 2016

Summary judgment was proper on the basis of qualified immunity on Glair’s failure-to-intervene claim against Boyd because it would not have been clear to every reasonable official that failing to stop a pat-down search … Ct. 2074, 2080, 2083 (2011) (discussing qualified immunity and noting that a right is clearly established only if “every reasonable official would have understood that what he is doing violates that right” (citation and

United States v. Albert Escalante

637 F.2d 1197 · Court of Appeals for the Ninth Circuit · Oct 6, 1980

Clearly, this is not an easy burden to meet. … That Escalante had actually engaged in the illegal importation of heroin at or about the time the conspiracy to do the same was formed, qualifies the evidence as a prior similar act.

Carlos Castro v. Brad Martin

Court of Appeals for the Ninth Circuit · May 10, 2021

City of Oakland, 145 F.3d 1087, 1090, 1093 (9th Cir. 1998) (holding “that it was clearly established that excessive duration of [a K9] bite . . . could constitute excessive force,” and accordingly denying qualified … Defendants invoke common law qualified immunity and statutory immunity, but these defenses require an official to reasonably believe that his action is lawful, Chamberlain v.

R. H. V. CITY OF REDDING

Court of Appeals for the Ninth Circuit · Dec 22, 2022

The district court held that the officers are entitled to qualified immunity on Plaintiffs’ Fourth and Fourteenth Amendment claims asserted under 42 U.S.C. § 1983. … Viewed in that light, our decision in Glenn, which predated the officers’ actions in this case by several years, clearly established the law with sufficient particularity to place the officers on fair notice that their

Palmer v. Ellsworth

12 F.3d 1107 · Court of Appeals for the Ninth Circuit · Dec 1, 1993

Federal officers, however, are entitled to qualified immunity from a Bivens claim if their conduct does not violate a "clearly established" constitutional right of which a reasonable person would have known. … Until this qualified immunity question is resolved, discovery need not be allowed. Id. 9 Here, Palmer failed to allege an act by Higgins and Leake that violated a clearly established constitutional right.

Tucker v. Las Vegas Metropolitan Police Department

470 F. App'x 627 · Court of Appeals for the Ninth Circuit · Mar 2, 2012

immunity. … ‘clearly established in light of the specific context of the case’ at the time of the events in question.”

United States v. Johnson

297 F.3d 845 · Court of Appeals for the Ninth Circuit · Jul 12, 2002

To identify the individuals to which they could sell their products, Rashada and Rudisill created a qualifying pitch full of lies. 28 In order to convince qualified individuals to buy AEA's products, Rashada and Rudisill … Because, as discussed below, we believe there was sufficient evidence to establish that each defendant knowingly participated in the scheme, as well as sufficient evidence establishing a co-schemer's use of mail or wire in

M & T Farms v. Federal Crop Insurance Corporation

103 F.4th 724 · Court of Appeals for the Ninth Circuit · Jun 4, 2024

M&T Farms’ contention that the FCIC’s interpretation would lead to “clearly absurd” results is unpersuasive. … “It is well established that an agency’s interpretation need not be the only possible reading of a regulation—or even the best one—to prevail.” Decker v.  M&T FARMS V.

Singh v. Reno

113 F.3d 1512 · Court of Appeals for the Ninth Circuit · May 27, 1997

Singh’s few established connections to the United States, despite over two and a half years of legal permanent resident status, clearly and convincingly demonstrate his lack of an intent to reside in the United States. … The evidence clearly shows a visitor who spent a sporadic amount of time in the United States until he could establish a permanent residence in this country “at some indefinite time in the possibly distant future.”

Mary Zeitchick v. Carol Lucey

495 F. App'x 792 · Court of Appeals for the Ninth Circuit · Oct 26, 2012

“The doctrine of 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 … An official is entitled to qualified immunity unless: 1) the plaintiff shows that the government official violated a constitutional right; and 2) that right was clearly established at the time of the alleged misconduct.

Heath Garcia v. Robert Mirabal

Court of Appeals for the Ninth Circuit · Jul 26, 2023

Mirabal is entitled to qualified immunity on both the Fourteenth Amendment and Fourth Amendment claims. … 4 clearly established law must be particularized to the facts of the case” (quotation marks omitted)).

Paris Cherer v. Frazier

465 F. App'x 681 · Court of Appeals for the Ninth Circuit · Jan 10, 2012

Defendants were entitled to qualified immunity on Cherer’s claims concerning confinement in Intake Room 7A, where Cherer could be viewed by female guards and inmates, because there was no clearly established law at the … Callahan, 555 U.S. 223, 243-45 (2009) (officers were entitled to qualified immunity because their actions did not violate clearly established law); Grummet v.

United States v. Chevron, U.S.A., Inc.

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

The IGA established independent offices within various federal departments and agencies. Id. at § 2. These offices are charged with monitoring, investigating, and reporting fraud. Id. at §§ 4-6. … It is important to note that under the rule we adopt today, all those who “directly or indirectly” disclose an allegation might qualify as its original source.

Cynthia Kendrick v. County of San Diego

Court of Appeals for the Ninth Circuit · Aug 30, 2019

Accordingly, the district court correctly denied qualified immunity as to Deputy Block. It was also clearly established that citizens cannot be detained for hours on account of being witnesses to a crime. … Kendrick’s detention violated a clearly established right, the seven individual defendants involved in the detention 3 are entitled to qualified immunity because the conduct

Sumaira Urooj v. Eric Holder, Jr.

734 F.3d 1075 · Court of Appeals for the Ninth Circuit · Nov 6, 2013

As I explain, infra, the BIA qualified that rule in Guevara, holding that silence can be evidence; it just can’t be the only evidence. Id. at 243^44. … Amendment privilege against self-incrimination, even after the IJ informed him of the existence of an “Agency Order” from the Immigration and Naturalization Service (“INS”) that directed him to testify and purported to immunize

John Davis, Jr. v. Commonwealth Election Comm'n

Court of Appeals for the Ninth Circuit · Dec 27, 2016

The Commission was a proper party for Davis’s action because it does not enjoy Eleventh Amendment immunity. See 13 Charles Alan Wright & Arthur R. … It also removed NMD status from adopted children who would not otherwise qualify as NMDs, and it established a court procedure for people with less than “one quarter Northern Marianas Chamorro or Northern Marianas Carolinian

United States v. Richard Dehart Charlesworth

217 F.3d 1155 · Court of Appeals for the Ninth Circuit · Jul 10, 2000

We hold that the burden is on the government to prove that Charlesworth committed a qualifying offense and so is not entitled to the reduction. … This is different from a sentencing enhancement, where the burden is clearly on the government to prove that the enhancement should apply, or from mitigating factors, which the defendant clearly must establish.

Department of Water & Power of City of Los Angeles v. Okonite-Callender Cable Co., Inc

181 F.2d 375 · Court of Appeals for the Ninth Circuit · Apr 5, 1950

It is our view that it cannot be said that the contract clearly required adjustment solely with reference to the group index figures. We think a reading of the contract would at least disclose an ambiguity. … during which the California decisions cited have stood without modification or qualification and during which time no legislative modification has occurred, we do not believe that the California courts would now undertake to qualify

Kearney v. Foley & Lardner

Court of Appeals for the Ninth Circuit · Dec 9, 2009

[2] 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.” … 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 16192