Case law
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Ricky Pickett v. Kenneth Allen
528 F. App'x 714 · Court of Appeals for the Ninth Circuit · Jun 17, 2013
Assuming without deciding that the Defendants violated Pickett’s constitutional rights, they are entitled to qualified immunity because, at the time of the events giving rise to Pickett’s claims, it would not have been … For the foregoing reasons, the Defendants are entitled to qualified immunity from Pickett’s damages claims.1 AFFIRMED. 1 By a separate order, we reject Pickett’s counsel’s five letters dated
Cited 2 timesUnpublishedJessie Lee Stoddard-Nunez v. City of Hayward
Court of Appeals for the Ninth Circuit · Jun 10, 2020
The district court also ruled that even if Officer Troche had used excessive force, he was entitled to qualified immunity because the law was not clearly established. … At the time of the incident, it was clearly established that officers are not entitled to qualified immunity for shooting at an individual in a fleeing vehicle that does not pose a danger to them or to the public.
Cited 0 timesUnpublishedTimothy O. v. Paso Robles Unified School District
822 F.3d 1105 · Court of Appeals for the Ninth Circuit · May 23, 2016
Regardless of Paso if he qualified for further regional center services, which he would qualify for only if he had mental retardation, epilepsy, cerebral palsy, or autism. … To the contrary, the record clearly establishes that the reason Paso Robles did not assess Luke for autism was because it did not subjectively believe that he was autistic and because Peck had not observed any autistic-like
Cited 45 timesPublished362 F.2d 67 · Court of Appeals for the Ninth Circuit · May 6, 1966
Thus even assuming that, as to these goods and service, the other statutory retail establishment criteria apply, these miscellaneous sales would not be sufficient, standing alone, to qualify defendant for that exemption. … Sfc % ífc iH ❖ “(4) any employee employed by an establishment which qualifies as an exempt retail establishment under clause (2) of this subsection and is recognized as a retail establishment in the particular industry notwithstanding
Cited 4 timesPublished179 F.2d 743 · Court of Appeals for the Ninth Circuit · Jan 25, 1950
That Act , establishes liability only “under circumstances where the United States, if a private person, would be liable.” … Our decision was but a reflection of a historic policy which is part of general maritime law—a policy so clearly described by Professor James Henry Willock. 46 U.S.C.A.
Cited 30 timesPublishedCourt of Appeals for the Ninth Circuit · Jul 8, 2019
“[Q]ualified immunity shields public officials from liability insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Biggs v. … With respect to Clark’s Fourth Amendment search claim, Davis is not entitled to qualified immunity because it is clearly established that an officer cannot enter a home without a warrant or other justification such as emergency
Cited 0 timesUnpublished38 F.3d 1046 · Court of Appeals for the Ninth Circuit · Dec 30, 1993
to qualify as interest. … Second, HVAC systems clearly provide a comfortable shopping environment for Al-bertson’s customers.
Cited 1 timesPublishedPeter H. Doggett v. United States
858 F.2d 555 · Court of Appeals for the Ninth Circuit · Oct 3, 1988
Similarly, the security guard at the main gate was clearly acting within the scope of his employment when he allegedly negligently permitted Gorman to leave the base in an intoxicated condition. … Clements, 146 Cal.App.3d 983 , 194 Cal.Rptr. 553 (1983) (no duty to protect minors at party officers investigated because no special relationship established).
Cited 2 timesPublished484 F. App'x 136 · Court of Appeals for the Ninth Circuit · Jun 7, 2012
Kita’s right to be free from such force was clearly established at the time of Clay’s conduct. Blankenhorn, 485 F.3d at 481. … Because a rational fact-finder could conclude that Clay violated Kita’s clearly established constitutional rights, the district court did not err in denying qualified immunity. 3.
Cited 0 timesUnpublishedUnited States v. Eduardo Gallegos-Gonzalez
3 F.3d 325 · Court of Appeals for the Ninth Circuit · Aug 24, 1993
Ill Gallegos argues next that his 1989 state drug conviction is not a felony and cannot be used to establish career offender status under section 4B1.2(3). … Health & Safety Code § 11379.5 (West 1991), qualifies as a controlled substance offense and a prior felony conviction.
Cited 52 timesPublishedJessica Fidler v. State of Arizona
Court of Appeals for the Ninth Circuit · Apr 10, 2024
Qualified immunity is therefore the only potentially applicable immunity defense. Id. at 897. … See id. at 753 (observing that the plaintiff has the “burden to identify the clearly established law”).
Cited 0 timesUnpublishedMichael Hartsell v. County of San Diego
Court of Appeals for the Ninth Circuit · Apr 21, 2020
officer’s conduct violated a constitutional right”; and (2) if so, “whether the right was clearly established.” … Accordingly, the district court properly denied qualified immunity in part.
Cited 0 timesUnpublishedTrucking Unlimited v. California Motor Transport Co.
432 F.2d 755 · Court of Appeals for the Ninth Circuit · Oct 5, 1970
The rationale underlying the NoerrPennington defense does not dictate immunity for .this alleged conspiracy. … The allegations of the complaint are clearly sufficient to allow their proof,
Cited 14 timesPublishedRattray 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.
Cited 2 timesPublishedLeah Manzari v. Associated Newspapers
830 F.3d 881 · Court of Appeals for the Ninth Circuit · Jul 25, 2016
He selected three “stock” photographs, including the one of Manzari, that “clearly conveyed the concept of the pornographic film 8 MANZARI V. … With millions of Internet downloads, extensive publicity, and broad public exposure, Manzari undoubtedly qualifies as a public figure. III.
Cited 27 timesPublished972 F.2d 1511 · Court of Appeals for the Ninth Circuit · Aug 21, 1992
We also hold, however, that section 47(4) does not immunize The Arizona Republic from liability on the juxtaposing claim. II. … Actual Malice The district court ruled, in the alternative, that Henderson, as a public official, failed to establish actual malice on the part of The Arizona Republic.
Cited 17 timesPublished735 F.2d 1139 · Court of Appeals for the Ninth Circuit · Jun 22, 1984
Ronan, 351 F.2d 533 (9th Cir.1965), that a prosecutor is absolutely immune when he acts in a "quasi-judicial capacity," but that he enjoys only a qualified immunity "[i]f he acts in the role of a policeman." … As the Court recognized in Pennhurst II, however, there is an important exception to this general rule: since Ex parte Young was decided, it has been established that "a suit challenging the constitutionality of a state official's
Cited 0 timesPublishedUnited States v. Hernandez-Hernandez
431 F.3d 1212 · Court of Appeals for the Ninth Circuit · Dec 15, 2005
In the stipulated 995 Motion, 6 Hernandez-Hernandez admitted to a particular set of facts that clearly involve violence and the use of force. … It looked to the statute of conviction and to judicially noticeable facts, the stipulated factual basis, which “unequivocally establish!]”
Cited 62 timesPublished652 F.3d 1202 · Court of Appeals for the Ninth Circuit · Jul 25, 2011
The law clearly allows actions against supervisors under section 1983 as long as a sufficient causal connection is present and the plaintiff was deprived under color of law of a federally secured right. … In the context of determining whether there is a violation of [a] clearly established right to overcome qualified immunity, purpose rather than knowledge is required to impose Bivens liability on the subordinate for unconstitutional
Cited 3,582 timesPublished23 F.3d 1498 · Court of Appeals for the Ninth Circuit · May 5, 1994
The court clearly felt, at least implicitly, that it was not unjust or impractical to do so. … Pan Ocean contends, however, that the Wood Clause qualified the representations and therefore enabled it to establish that the damage occurred prior to its receipt of the goods.
Cited 42 timesPublished
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