Case law

Drakeford v. County of Orange

213 F. App'x 542 · Court of Appeals for the Ninth Circuit · Dec 14, 2006

Qualified Immunity Qualified immunity analysis consists of two questions. … Thus an officer whose actions in fact violate clearly established law may nonetheless be entitled to qualified immunity if those actions are reasonable in light of the information the officer had at the time of the arrest

Tracy Ray Vaughan, and Mark Koch, Donald Nelson, and Mark Osborne v. James Ricketts

950 F.2d 1464 · Court of Appeals for the Ninth Circuit · Dec 13, 1991

Qualified immunity is available to government officials if they could reasonably have thought that their actions were lawful in light of the clearly established law and the information they possessed. Anderson v. … By 1984, it was clearly established that the Fourth Amendment requires that rectal *1469 searches in prisons be conducted with reasonable cause and in a reasonable manner. Bell v.

Armendariz v. Penman

75 F.3d 1311 · Court of Appeals for the Ninth Circuit · Feb 7, 1996

immunity because their actions did not violate any clearly established federal constitutional or statutory rights. … The defendants are entitled to qualified immunity only “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v.

Cousins v. Lockyer

Court of Appeals for the Ninth Circuit · Jun 15, 2009

of qualified immunity. … Qualified immunity protects government officials from civil liability if “their con- duct does not violate clearly established statutory or constitu- tional rights of which a reasonable person would have known.”

Allen v. Sakai

48 F.3d 1082 · Court of Appeals for the Ninth Circuit · Nov 15, 1994

established constitutional rights, *1086 defeating defendants’ claims to qualified immunity. … established constitutional rights, defeating defendants’ claims to qualified immunity.

Rosenbaum v. Washoe County

654 F.3d 1001 · Court of Appeals for the Ninth Circuit · Aug 22, 2011

so, whether that right was clearly established at the time of the event. … Ct. at 2083 (holding that an official is not entitled to qualified immunity where “every reasonable official” would have understood that he was violating a clearly established right (emphasis added) (internal quotation marks

Lisa Demaree v. John Krause

880 F.3d 1066 · Court of Appeals for the Ninth Circuit · Jan 23, 2018

“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 … established We move to the second step of the qualified immunity inquiry—whether the relevant judicial precedents at the time of the incident clearly gave notice that what happened here violated the Demaree family’s Fourth

Estate of Alvarado ex rel. Alvarado v. Shavatt

673 F. App'x 777 · Court of Appeals for the Ninth Circuit · Jan 18, 2017

Government officials are entitled to qualified immunity from suits for damages unless (1) a plaintiff alleges facts that make out a constitutional violation, and (2) the right at issue was clearly established at the time … Because we reverse on this ground, we do not address Shavatt’s arguments about whether the right at issue was clearly established.

Dixon v. Wallowa County

336 F.3d 1013 · Court of Appeals for the Ninth Circuit · Jul 21, 2003

If so, “the next, sequential step is to ask whether the right was clearly established.” Id. … The individual defendants cross-appeal from the district court’s denial of their motion for summary judgment as to their *1021 qualified immunity on Dixon’s Fourth Amendment claim, ■ arguing that the law was not clearly established

S.R. Nehad v. Neal Browder

929 F.3d 1125 · Court of Appeals for the Ninth Circuit · Jul 11, 2019

Qualified Immunity A government official’s entitlement to qualified immunity depends on “(1) whether there has been a violation of a constitutional right; and (2) whether that right was clearly established at the time … Browder is therefore not entitled to qualified immunity under the clearly established prong. D.

Moreno v. Baca

431 F.3d 633 · Court of Appeals for the Ninth Circuit · Dec 9, 2005

The court denied the deputies' motion for summary judgment on qualified immunity grounds, holding that Moreno's constitutional right to be free from suspicionless searches was "clearly established" at the time of the detention … Both contentions are untenable. 29 Appellants' first argument in favor of qualified immunity — that it was not clearly established that Moreno had any right to be free from suspicionless searches because of his parole status

Bingue v. Prunchak

512 F.3d 1169 · Court of Appeals for the Ninth Circuit · Jan 15, 2008

Harris, — U.S. -, 127 S.Ct. 1769 , 1774 n. 2, 167 L.Ed.2d 686 (2007) (“Qualified immunity is ‘an immunity from suit rather than a mere defense to liability _’ Thus, ... an order denying qualified immunity is immediately appealable … “On the other hand, if a violation could be made out on a favorable view of the parties’ submissions, the next, sequential step is to ask whether the right was clearly established.” Id.

Edward Ray, Jr. v. E. Lara

31 F.4th 692 · Court of Appeals for the Ninth Circuit · Apr 11, 2022

It has long been established that prosecutors enjoy absolute immunity from damages suits under § 1983 for activities that are “intimately associated with the judicial phase of the criminal process.” Imbler v. … LARA that Ray does not qualify for the imminent danger exception to § 1915(g). 9 IV Because Ray has both accumulated three strikes and failed to establish a sufficient nexus between

The Presbyterian Church (u.s.a.) v. The United States of America

870 F.2d 518 · Court of Appeals for the Ninth Circuit · Apr 13, 1989

IV QUALIFIED IMMUNITY The district court held below that the individual INS agents named as defen *527 dants are entitled to qualified immunity. We agree. … Under the doctrine of qualified immunity, federal officials are immune from liability for damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person

Lawrence v. United States

340 F.3d 952 · Court of Appeals for the Ninth Circuit · Aug 21, 2003

Qualified Immunity 8 A district court's decision to grant summary judgment on the grounds of qualified immunity is reviewed de novo. Case v. Kitsap County Sheriff's Dep't, 249 F.3d 921 , 925 (9th Cir.2001). … If the right is not clearly established, the defendant is entitled to qualified immunity. Id.

Cox v. Roskelley

359 F.3d 1105 · Court of Appeals for the Ninth Circuit · Feb 20, 2004

The defendants filed a motion for summary judgment, without making any qualified immunity argument. … The second summary judgment motion asserted, for the first time, a qualified immunity defense.

Federman v. County of Kern

61 F. App'x 438 · Court of Appeals for the Ninth Circuit · Apr 15, 2003

If a constitutional right would have been violated were a plaintiffs allegations established, the next step is to ask whether the right was clearly established in light of the context of the case. Id. … Next, the law on excessive force was clearly established by April 21, 1998, the day Federman was shot and killed.

Rhodes v. Robinson

408 F.3d 559 · Court of Appeals for the Ninth Circuit · Aug 19, 2004

Rowland, 65 F.3d 802 , 806 & n. 4 (9th Cir.1995) (“[T]he prohibition against retaliatory punishment is ‘clearly established law’ in the Ninth Circuit, for qualified immunity purposes. … must first reiterate our firm recognition that “the prohibition against retaliatory punishment is ‘clearly established law’ in the Ninth Circuit, for qualified immunity purposes.”

Dehne v. City of Reno

222 F. App'x 560 · Court of Appeals for the Ninth Circuit · Feb 20, 2007

In this appeal, Dehne objects to the district court’s grant of qualified immunity to Griffin. 1 Public officials are entitled to qualified immunity for acts that do not violate clearly established constitutional rights of … If an official “could have believed, ‘reasonably but mistakenly ... that his or her conduct did not violate a clearly established constitutional right,’ ” then qualified immunity applies. Skoog v.

Krug v. Lutz

329 F.3d 692 · Court of Appeals for the Ninth Circuit · May 14, 2003

Qualified Immunity Krug, for his part, challenges the district court’s conclusion that the ADOC officials are entitled to qualified immunity from his claim for damages. … We therefore move on: [T]he next, sequential step is to ask whether the right was clearly established.