Case law

Marcus Harrison v. J. Sample

359 F. App'x 893 · Court of Appeals for the Ninth Circuit · Dec 22, 2009

A genuine dispute also exists as to whether Sample is entitled to qualified immunity. … Therefore, the district court erred in granting summary judgment based on qualified immunity.

United States v. Paul Deluca, Robert Kaye, James Danno, and John Lee

692 F.2d 1277 · Court of Appeals for the Ninth Circuit · Nov 22, 1982

Moreover, the statement clearly refers to the destruction of Kaye’s competitors by fire. The conspiracy began with the first arson in 1973. … The judge properly could find that DeLuca’s admissions resulted from his attempt to generate an offer of immunity.

Estate of Timothy Gene Smith v. Scott Holslag

Court of Appeals for the Ninth Circuit · Apr 26, 2022

This violation of the Fourth Amendment would also be clearly established by existing caselaw. … If so, then Holslag’s shooting was reasonable, and he is therefore entitled to qualified immunity. If not, then Holslag’s shooting was unreasonable, and he is therefore not entitled to qualified immunity.

Christopher C. Little v. Jacqueline Crawford Frankie Sue Del Papa

449 F.3d 1075 · Court of Appeals for the Ninth Circuit · Jun 8, 2006

Under clearly established Supreme Court law, such contention neither gives rise to an equal protection claim, nor provides a basis for habeas relief. 5 See Beck v. … As explained above, under clearly established federal due process standards, Little’s plea was knowing and voluntary.

Deborah Miles v. Ruth Cuentas

555 F. App'x 735 · Court of Appeals for the Ninth Circuit · Feb 24, 2014

“[When] determin[ing] whether a right is clearly established, the reviewing court must consider whether a reasonable officer would recognize that his or her conduct violates that right under the circumstances faced, and … immunity defense.

John Jordan, Jr. v. D. Brown

489 F. App'x 190 · Court of Appeals for the Ninth Circuit · Dec 6, 2012

Brown is entitled to qualified immunity either if plaintiff John R. … Therefore, I would affirm the district court’s denial of qualified immunity at this stage of the litigation.

County of San Mateo v. Chevron Corp.

960 F.3d 586 · Court of Appeals for the Ninth Circuit · May 26, 2020

We conclude that the defendants did not carry their burden of establishing this criteria for removal. … Gay, 967 F.2d 322, 327 (9th Cir. 1992), unless “our prior circuit authority is clearly irreconcilable with the reasoning or theory of intervening higher authority,” Miller v.

Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency

938 F.2d 153 · Court of Appeals for the Ninth Circuit · Jul 8, 1991

TRPA’s Immunity The Nevada district court dismissed the claims for damages against TRPA, holding that TRPA is immune from a suit for damages under Jacobson v. … Thus, TRPA is not immune from suit. B.

Rattray v. City of National City

36 F.3d 1480 · Court of Appeals for the Ninth Circuit · Oct 7, 1994

discretionary immunity”). … According to established practice, all elements of a defamation claim, with the exception of actual malice in the case of a public official, must be proved by a preponderance of the evidence.

Love Korean Church v. Chetoff

Court of Appeals for the Ninth Circuit · Dec 4, 2008

The AAO next concluded that the position as described in the Church’s weekly work schedule did not qualify as a “religious occupation” under the statute and regulations because: (1) the Church failed to establish that all … The documentation should clearly indicate that the alien will not be solely dependent on supplemental employment or solicitation of funds for support.

Nicholas Criscuolo v. Grant County

540 F. App'x 562 · Court of Appeals for the Ninth Circuit · Aug 8, 2013

The district court also erred in alternatively finding that Lamens in any event is entitled to qualified immunity. … To grant qualified immunity because of the rapidity alone would “effectively wrench of all meaning the Supreme Court’s admonition that ‘officials can still be on notice that their conduct violates established law’” even in

National Abortions Federation v. Operation Rescue Jeff White Joseph Foreman Dr. Randy Adler John & Jane Does 1-100

8 F.3d 680 · Court of Appeals for the Ninth Circuit · Oct 29, 1993

The Court also held that plaintiffs failed to establish a conspiracy to violate the right to interstate travel for a second reason. … The guarantee of the right of interstate travel protects against two burdens, neither of which was established.

Masa Warden v. Bryan Cowan

Court of Appeals for the Ninth Circuit · Apr 4, 2022

The qualified immunity inquiry consists of two parts: (1) “whether the facts that a plaintiff has alleged . . . or shown . . . make out a violation of a constitutional right,” and (2) “whether the right at issue was ‘clearly … Because Officers Cowan and Weaver may have committed constitutional violations, we consider the second element of qualified immunity: whether the right allegedly violated was clearly established at the time.

Marina Borawick v. City of Los Angeles

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

Public officials are immune from civil suit only insofar as their conduct does not violate a right that was “clearly established” at the time the conduct occurred. Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982). … As these disputes bear on whether Reyes and Correa engaged in conduct proscribed by clearly established law, the officers are not entitled to qualified immunity as a matter of law.

Standard Oil Company of California v. Arizona, California, Florida, Oregon, and Washington

738 F.2d 1021 · Court of Appeals for the Ninth Circuit · Jul 24, 1984

Antitrust suits for treble damages are clearly legal actions. … We cannot see how sovereign immunity principles support the oil companies’ argument. According to sovereign immunity principles, individuals are not entitled to sue governmental entities unless the entity consents.

Guam Society of Obstetricians & Gynecologists v. Ada

962 F.2d 1366 · Court of Appeals for the Ninth Circuit · Apr 16, 1992

The sections of the Act that remain if Sections 4 arid 5 are severed clearly are fully operative as a law. … If the core of Roe remains good law, then, the Act is clearly unconstitutional.

Rick McLellan v. Nv Dept of Public Safety

Court of Appeals for the Ninth Circuit · May 24, 2019

Defendants are entitled to qualified immunity. Our review of the district court’s order denying qualified immunity is limited to questions of law. Roybal, 871 F.3d at 931. … immunity test if he could have “reasonably but mistakenly believed” that his conduct did not violate a clearly established right.

Cynthia Rivera-Martinez v. Kern County

Court of Appeals for the Ninth Circuit · May 4, 2020

court judgment, but only on the ground of qualified immunity. … Plaintiffs have the burden to show that “the right allegedly violated was clearly established at the time of the alleged misconduct.” Martinez v.

Community Legal Services in East Palo Alto v. United States Department of Health and Human S

Court of Appeals for the Ninth Circuit · Oct 10, 2025

It’s well established that the Tucker Act “‘impliedly forbids’ declaratory and injunctive relief” and “precludes a § 702 waiver of sovereign immunity” on contract claims over $10,000. … This order means that ORR can’t alter or “withdraw” its preexisting relationship with Acacia—a preexisting relationship that is clearly contractual.

United States v. Margarito O. Romero, United States of America v. Hugo Frederic Forster

585 F.2d 391 · Court of Appeals for the Ninth Circuit · Nov 3, 1978

United States, 251 U.S. 385 , 40 *395 S.Ct. 182 , 64 L.Ed. 319 (1920), 4 and concluded: “By now it is well established that evidence unlawfully seized does not thereby become ‘immune’ from use by law enforcement agencies. … Further, it is well established that a grand jury may return an indictment based solely upon hearsay evidence. Costello.