Case law

Munger v. City of Glasgow Police Department

227 F.3d 1082 · Court of Appeals for the Ninth Circuit · Sep 6, 2000

Qualified immunity “ ‘shield[s] [government agents] 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 … To evaluate a qualified immunity claim, we first ask whether the law governing the official’s conduct was clearly established; if so, we ask whether under that law, and under the circumstances at issue, a reasonable officer

Bernstein v. Lopez

321 F.3d 903 · Court of Appeals for the Ninth Circuit · Mar 4, 2003

We hold that no further facts need to be determined and that as a matter of law the defendants are protected by qualified immunity because the plaintiffs have no clearly established right to continue in their administrative … This property interest, they maintain, was “clearly established.”

Heriberto Rodriguez v. County of Los Angeles

891 F.3d 776 · Court of Appeals for the Ninth Circuit · May 30, 2018

Qualified Immunity under Federal Law Qualified immunity under federal law protects government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … “An officer is not entitled to qualified immunity on the grounds that the law is not clearly established every time a novel method is used to inflict injury.” Mendoza v. Block, 27 F.3d 1357, 1362 (9th Cir. 1994).

Raymond D. Jackson v. Duncan A. McIntosh David Victorino

90 F.3d 330 · Court of Appeals for the Ninth Circuit · Jul 18, 1996

The doctors moved for summary judgment on the ground of qualified immunity. The district court denied the motion. The doctors appeal. … ANALYSIS The doctors contend that they are entitled to qualified immunity because there was no clearly established law requiring *332 them to provide a kidney transplant to a prisoner on dialysis.

United States v. Jacob De La Fuente

353 F.3d 766 · Court of Appeals for the Ninth Circuit · Dec 29, 2003

LAHD’s tests established that the white powder in De La Fuente’s letters was not anthrax. … establish that the defendant’s actual offense qualifies as a crime of violence.

Lal v. California

746 F.3d 1112 · Court of Appeals for the Ninth Circuit · Mar 31, 2014

does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” Id. at 440 (quoting Pearson v. … In determining whether an officer is entitled to qualified immunity, we consider (1) whether there has been a violation of a constitutional right; and (2) whether that right was clearly established at the time of the officer

Salvador Reza v. Russell Pearce

Court of Appeals for the Ninth Circuit · Nov 19, 2015

PEARCE 3 Senator Pearce violated plaintiff’s clearly established First Amendment rights and that the district court erred by granting him qualified immunity on summary judgment. … To overcome Senator Pearce’s qualified immunity defense, Reza must establish both that Senator Pearce violated his First Amendment rights, and that this violation was of a “clearly established statutory or constitutional

Jackson v. City Of Bremerton

268 F.3d 646 · Court of Appeals for the Ninth Circuit · Oct 5, 2001

The defense of qualified immunity, however, protects &#167 1983 defendants from liability for civil damages when performing discretionary functions, unless such conduct violates a clearly established constitutional or statutory … Creighton, 483 U.S. 635, 640 (1987). 12 In considering the merits of a qualified immunity defense in excessive force cases, courts previously considered whether the right was clearly established and, if so, whether, in light

A.D. v. Markgraf

636 F.3d 555 · Court of Appeals for the Ninth Circuit · Apr 6, 2011

Markgraf moved for summary judgment on qualified immunity. … [1] To determine whether an officer such as Markgraf is entitled to qualified immunity, we inquire whether a constitu- tional right would have been violated on the facts alleged and whether the right was clearly established

Preschooler II v. Clark County School Bd. of Trustees

479 F.3d 1175 · Court of Appeals for the Ninth Circuit · Mar 21, 2007

of clearly established law. … Government officials do not enjoy qualified immunity from civil damages if their conduct violates "clearly established constitutional or statutory rights of which a reasonable person would have known." Harlow v.

Duran v. City Of Douglas

904 F.2d 1372 · Court of Appeals for the Ninth Circuit · Jun 4, 1990

However, the Supreme Court has established a limited exception to this rule: "[A] district court's denial of a claim of qualified immunity, to the extent that it turns on an issue of law, is an appealable 'final decision' … The legal issues involved in that appeal--whether Aguilar violated clearly established constitutional protections--are identical to those governing the question of Aguilar's qualified immunity.

Elizabeth Fujiwara v. Charles G. Clark, Etc.

703 F.2d 357 · Court of Appeals for the Ninth Circuit · Apr 1, 1983

Strickland rule, the immunity defense would be unavailing to petitioners if the constitutional right allegedly infringed by them was clearly established at the time of their challenged conduct, if they knew or should have … If the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct.

Karl v. City of Mountlake Terrace

678 F.3d 1062 · Court of Appeals for the Ninth Circuit · May 8, 2012

Discussion The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their con- duct does not violate clearly established statutory or constitu- tional rights of which … We exercise our discretion to consider prong one of the qualified immunity analysis first.

David K. Huskey v. City of San Jose Joan Gallo George Rios Ralph Greene

204 F.3d 893 · Court of Appeals for the Ninth Circuit · Feb 24, 2000

immunity because the right violated was clearly established at the time of the violation. … immunity because those rights were not clearly established.

Duran v. City of Douglas

904 F.2d 1372 · Court of Appeals for the Ninth Circuit · Jun 4, 1990

However, the Supreme Court has established a limited exception to this rule: “[A] district court’s denial of a claim of qualified immunity, to the extent that it turns on an issue of law, is an appealable ‘final decision’ … The legal issues involved in that appeal — whether Aguilar violated clearly established constitutional protections — are identical to those governing the question of Aguilar’s qualified immunity.

Myers v. City of Hermosa Beach

299 F. App'x 744 · Court of Appeals for the Ninth Circuit · Nov 7, 2008

If we find a violation of a constitutional right, we must then ask whether that right is clearly established. Saucier, 533 U.S. at 201, 121 S.Ct. at 2156. … to qualified immunity as to Silva’s false arrest claim. 2 (3) Lewitt next argues that the district court erred when it denied qualified immunity on Silva’s excessive force claim against him.

Edgerly v. City and County of San Francisco

495 F.3d 645 · Court of Appeals for the Ninth Circuit · Jul 17, 2007

clearly established. … Also, because no reasonable officer could have believed, in light of clearly established law, that the search as described by Edgerly was constitutional, the Officers are not entitled to qualified immunity for the search.

Hufford v. McEnaney

249 F.3d 1142 · Court of Appeals for the Ninth Circuit · May 22, 2001

On interlocutory appeal from a denial of summary judgment on a claim of qualified immunity, we have jurisdiction over the purely legal question of whether Hufford has established a claim supported by clearly established law … Hufford, as the party seeking to deprive the defendants of qualified immunity, bears the burden of proving that the rights he claims were “clearly established” at the time they were allegedly violated.

Mattos v. Agarano

590 F.3d 1082 · Court of Appeals for the Ninth Circuit · Jan 12, 2010

clearly established right. … The doctrine of qualified immunity shields the officers “from liability for civil damages [unless their conduct violated] clearly established statutory or constitutional rights of which a reasonable person would have known

Mathis v. COUNTY OF LYON

633 F.3d 877 · Court of Appeals for the Ninth Circuit · Feb 1, 2011

The right to notice and hearing prior to a public official’s administrative taking of property is clearly established. See, e.g., Fuentes v. … Glover was not entitled to qualified immunity because the law was clearly settled. 2 AFFIRMED. . The granting of qualified immunity is reviewed only as a part of an appeal of a final judgment. .