Case law

Henderson Duval Houghton v. Carroll v. South

965 F.2d 1532 · Court of Appeals for the Ninth Circuit · Jun 11, 1992

clearly established statutory or constitutional rights of which a reasonable person would have known.” … South moved for summary judgment on his qualified immunity defense.

Samantha Vazquez v. County of Kern

949 F.3d 1153 · Court of Appeals for the Ninth Circuit · Jan 31, 2020

The panel held that the Officer was not entitled to qualified immunity. … Qualified Immunity “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.

Jim Maxwell v. County of San Diego

708 F.3d 1075 · Court of Appeals for the Ninth Circuit · Feb 14, 2013

Qualified immunity protects government officers “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 known … To determine whether an officer is entitled to qualified immunity, we ask, in the order we choose, (1) whether the alleged misconduct violated a right and (2) whether the right was clearly established at the time of the alleged

Robinson v. York

566 F.3d 817 · Court of Appeals for the Ninth Circuit · Apr 27, 2009

Defendants appeal from the denial of qualified immunity. For the reasons that follow, we affirm. I. … not affect whether Defendants are entitled to qualified immunity at this stage of the proceedings.

Daniel Tanner v. Anita Phillips

669 F. App'x 444 · Court of Appeals for the Ninth Circuit · Oct 4, 2016

established right. 2 14-35983 See Pearson v. … Callahan, 555 U.S. 223, 232 (2009) (defendant is entitled to qualified immunity unless the conduct at issue violated a clearly established constitutional right).

United States v. Holcomb

132 F.4th 1118 · Court of Appeals for the Ninth Circuit · Mar 27, 2025

As our qualified immunity cases make clear, an officer is immune from civil suit where the plaintiff’s rights were not “clearly established” at the time of his alleged misconduct. Ballentine v. … HOLCOMB circuit[,] . . . there still might not be clearly established case law in our circuit to withstand qualified immunity.” Id.

Brian Barlow v. Officer George Ground, I.D. 9129

943 F.2d 1132 · Court of Appeals for the Ninth Circuit · Sep 5, 1991

The doctrine of qualified immunity does not apply if reasonable officers would have known they were violating clearly established Constitutional rights. See White v. Pierce County, 797 F.2d 812, 815 (9th Cir.1986). … It must decide “[wjhether a reasonable official would know that she is violating that clearly established law.” Id.

Tatum v. Winslow

122 F. App'x 309 · Court of Appeals for the Ninth Circuit · Jan 19, 2005

If this question is satisfied, then the court turns to the “qualified immunity inquiry,” and asks if the right was clearly established. Id. at 201-2. … The “Qualified Immunity Inquiry” The second step of the Saucier analysis requires that the defendant demonstrate that his misconduct was not a violation of clearly established law. Saucier, 533 U.S. at 201.

Richard Leo Deorle v. Greg Rutherford, Butte County Deputy Sheriff Mick Grey, Butte County Sheriff County of Butte

272 F.3d 1272 · Court of Appeals for the Ninth Circuit · Nov 19, 2001

immunity: notwithstanding the absence of direct precedent, the law may be, as it was here, clearly established. … It does not matter that no case of this court directly addresses the use of such weapons; we have held that ‘[a]n officer is not entitled to qualified immunity on the grounds that the law is not clearly established every

Costanich v. Department of Social & Health Services

627 F.3d 1101 · Court of Appeals for the Ninth Circuit · Dec 3, 2010

clearly established. 1. … immunity, this right had not previously been clearly established in the civil context. 13 A right is “clearly established” when “the contours of the right were already delineated with sufficient clarity to make a reasonable

KRL v. Moore

384 F.3d 1105 · Court of Appeals for the Ninth Circuit · Sep 27, 2004

However, a prosecutor can still perform “police investiga-five work” after probable cause has been established, for which only qualified immunity would apply. … If yes, “the next, sequential step is to ask whether the right was clearly established.” Id.

Bardzik v. County of Orange

635 F.3d 1138 · Court of Appeals for the Ninth Circuit · Mar 28, 2011

We have the option to address only the clearly-established step of the qualified immunity analysis. Pearson, 129 S.Ct. at 818 . … Because we decide that Bardzik was a policymaker as Reserve Division Commander, we need not address the clearly-established prong of the qualified immunity analysis. See Pearson, 129 S.Ct. at 818 .

Joseph Williams v. City of Sparks

112 F.4th 635 · Court of Appeals for the Ninth Circuit · Aug 9, 2024

of their conduct was ‘clearly established at the time.’” … A municipality is not entitled to assert the defense of qualified immunity. See id.

Collins v. Jordan

110 F.3d 1363 · Court of Appeals for the Ninth Circuit · Dec 4, 1996

Thus, we have jurisdiction to consider Hongisto’s legal contention that he is entitled to qualified immunity because the law was not clearly established that, given the events of the previous day, an order to ban all demonstrations … Such conduct would violate clearly established First and Fourth Amendment rights.

Clairmont v. Sound Mental Health

632 F.3d 1091 · Court of Appeals for the Ninth Circuit · Jan 19, 2011

The district court held, in the alternative, that “Clairmont’s First Amendment right was not so ‘clearly established’ as to preclude qualified immunity for Ms. Wilson.” … SOUND MENTAL HEALTH immunity. Saucier, 533 U.S. at 201. “If the right was not clearly established at the time of the violation, the official is entitled to qualified immunity.”

Felix E. Capoeman v. Amos Reed

754 F.2d 1512 · Court of Appeals for the Ninth Circuit · Apr 22, 1985

Qualified Immunity Even defendants who violate constitutional rights enjoy a qualified immunity that protects them from liability for damages “unless it is further demonstrated that their conduct was unreasonable under the … Nonetheless, we found that the basic fourth amendment rights of students had been sufficiently clearly established at the time to prevent the defendants’ immunity. Id.

Chew v. Gates

27 F.3d 1432 · Court of Appeals for the Ninth Circuit · Jun 27, 1994

Bagley, 988 F.2d 868 (9th Cir.1993), in which we employed “a two-part analysis” to determine whether the defendants were entitled to qualified immunity: “1) Was the law governing the official's conduct clearly established … 's first question dictates our decision on qualified immunity, and not only when we decide that the law is not clearly established.

Human Rights Defense Center, Inc. v. Uttecht

Court of Appeals for the Ninth Circuit · Dec 11, 2025

Defendants were not entitled to qualified immunity because HRDC’s asserted right against delayed delivery in this context was clearly established. … Defendants were entitled to qualified immunity because HRDC’s due process right to be notified of the Committee’s decision was not clearly established.

Mark v. Shoen Edward J. Shoen v. Leonard Samuel Shoen Christina G. Shoen, Ronald J. Watkins, Witness-Appellant

48 F.3d 412 · Court of Appeals for the Ninth Circuit · Feb 15, 1995

Hayes, 408 U.S. 665 , 92 S.Ct. 2646 , 33 L.Ed.2d 626 (1972), as establishing a qualified privilege for journalists against compelled disclosure of information gathered in the course of their work. … As a result, Leonard Shoen’s September 1991 statements, if any, regarding his attitude toward plaintiffs are not clearly relevant to an important issue in this litigation. 1 Although plaintiffs’ failure to establish clear

Tribble v. Gardner

860 F.2d 321 · Court of Appeals for the Ninth Circuit · Oct 25, 1988

The defendants in that case moved for summary judgment on the basis of qualified immunity. … established rights. 9 Therefore, we hold that, viewing the facts in the light most favorable to the plaintiff, the district court was correct in denying defendants’ motion for summary judgment on the basis of qualified immunity