Case law

Elizabeth Carley v. Romeo Aranas

103 F.4th 653 · Court of Appeals for the Ninth Circuit · Jun 3, 2024

Aranas was entitled to qualified immunity because no clearly established law rendered the HCV policies unconstitutional at the time of the alleged violation. … immunity because they violated no clearly established law”).

Amy Hughes v. Andrew Kisela

Court of Appeals for the Ninth Circuit · Jun 27, 2017

As the Supreme Court has explained, the qualified immunity analysis has two prongs: In order to deny qualified immunity, the facts must establish a violation of a constitutional right, and that right must have been “clearly … III The panel opinion directly contravenes the qualified immunity principles relevant to the “clearly established” inquiry.

95 Cal. Daily Op. Serv. 8958, 95 Daily Journal D.A.R. 15,643 Dawud Halisi Malik, A/K/A David W. Riggins v. Neal Brown, and Carol L. Moses, Assoc. Supt. Kathy Kaatz, C.U.S. Sue Kinsinger, C.P.M. Mark Crewson, C.U.S. Virginia Carter, Sgt. Joan Smith, Mail Rm. Personnel John Tice, Sgt. Dick Frank, Sgt. Nancy Hill, Corr. Officer Monica Sukert, Corr. Officer Richard Rooney, Corr. Officer John Fritzpatrick, Sgt. Marie Norman, Corr. Officer S. Giesenoff, C/o Cbcc Schouviller, Lt., Hearing Officer Chase Riveland

71 F.3d 724 · Court of Appeals for the Ninth Circuit · Nov 28, 1995

Qualified immunity requires "a two-part analysis: 1) Was the law governing the official's conduct clearly established? 2) Under that law, could a reasonable officer have believed the conduct was lawful?" Act Up! … "[I]n the absence of binding precedent, a court should look to whatever decisional law is available to ascertain whether the law is clearly established" for qualified immunity purposes, Capoeman v.

Baldwin v. Placer County

405 F.3d 778 · Court of Appeals for the Ninth Circuit · Apr 19, 2005

The County moved for summary judgment on the ground of the qualified immunity of the officers. … Qualified immunity was rightly denied. 16 Conspiracy.

Denise Green v. City & County of San Francisco

751 F.3d 1039 · Court of Appeals for the Ninth Circuit · May 12, 2014

“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 … In Washington, we denied qualified immunity on a similar set of facts, finding: at the time of [the suspects’] detentions the law was clearly established that, when making a Terry stop, officers may

Carver v. Lehman

Court of Appeals for the Ninth Circuit · Dec 22, 2008

Even pre-January 1, 2007, unpublished opinions can be cited and considered, for example, in the context of determin- ing whether the law was established in the context of qualified immunity, Prison Legal News v. … 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 would

Payne ex rel. D.P. v. Peninsula School District

623 F. App'x 846 · Court of Appeals for the Ninth Circuit · Aug 3, 2015

MEMORANDUM ** Jodi Coy appeals the district court’s denial of summary judgment and qualified immunity. We have jurisdiction under 28 U.S.C. § 1291 . Reviewing de novo, Preschooler II v. Clark Cty. Sch. Bd. … Coy is entitled to qualified immunity with respect to Plaintiffs Fourth Amendment claim because, at the time she acted, it would not have been clear to a *848 reasonable official that placing D.P. in the safe room, as part

Roe v. Sherry

91 F.3d 1270 · Court of Appeals for the Ninth Circuit · Jul 31, 1996

He also contends the officers are not entitled to qualified immunity. DISCUSSION A. … A fundamental inquiry in a qualified immunity analysis is “whether the plaintiff has asserted a violation of a constitutional right at all.” Siegert v.

John L. Augustine v. A. Melvin McDonald

770 F.2d 1442 · Court of Appeals for the Ninth Circuit · Sep 10, 1985

Qualified Immunity 2 Government officials performing discretionary functions may be protected *1445 by a qualified or good faith immunity, under which they “are shielded from liability for civil damages insofar as their conduct … The only other basis for defeating defendants’ qualified immunity would be a determination that the Arizona statute under which they acted was “clearly” unconstitutional in not providing pre-garnishment notice and an opportunity

A. D. v. State of Calif. Highway Patrol

Court of Appeals for the Ninth Circuit · Apr 3, 2013

The Court then rejected the notion that the law, defined at such a level of generality, was “clearly established” for qualified immunity purposes. … Markgraf is not entitled to qualified immunity, because Plaintiffs have shown that he violated the foregoing clearly established law.

Skoog v. County of Clackamas

469 F.3d 1221 · Court of Appeals for the Ninth Circuit · Nov 20, 2006

9 If the answer is no, the officer is entitled to qualified immunity. … At some future point, this right will become clearly established in this Circuit.

Andres M. Martinez v. G.D. Stanford W. Owen M. Atkinson D. Rockholt J. Stovall

323 F.3d 1178 · Court of Appeals for the Ninth Circuit · Mar 26, 2003

Martinez’s attorney declares that she assumed that the officers’ motion would be denied because Saucier did not establish the officers’ qualified immunity as a matter of law. … The district court correctly stated the two-part test for qualified immunity announced in Saucier v.

Rex Chappell v. R. Mandeville

706 F.3d 1052 · Court of Appeals for the Ninth Circuit · Jan 31, 2013

We hold that both Mandeville and Rosario are entitled to qualified immunity because the law at the time Chappell was on contraband watch did not clearly establish that their actions were unconstitutional. … Whether qualified immunity applies thus “turns on the objective legal reasonableness of the action, assessed in light of the legal rules that were clearly established at the time it was taken.” Messerschmidt v.

Shafer v. County of Santa Barbara

868 F.3d 1110 · Court of Appeals for the Ninth Circuit · Aug 29, 2017

The panel nevertheless held that the officer was entitled to qualified immunity because, at the time the incident occurred, the law was not clearly established that an officer cannot progressively increase his use of force … Prong Two: Clearly Established Law Deputy Padilla may nonetheless be entitled to a qualified immunity defense if Shafer’s Fourth Amendment rights were not clearly established at the time Deputy Padilla committed the

United States v. Crawford

520 F.3d 1072 · Court of Appeals for the Ninth Circuit · Mar 28, 2008

Under the modified categorical approach, the prior offense may qualify as a career offender predicate offense if “ ‘documentation or judicially noticeable facts ... clearly establish that the conviction is a predicate conviction … “The government has the burden to establish clearly and unequivocally that the conviction was based on all of the elements of a qualifying predicate offense.” Kovac, 367 F.3d at 1119 .

Jamel Walker v. James H. Gomez Kingston W. Prunty R.R. Rath, Correctional Sergeant

370 F.3d 969 · Court of Appeals for the Ninth Circuit · Jun 7, 2004

Defendants also assert that they are entitled to qualified immunity. 6 Under Saucier v. … Katz, 533 U.S. 194 , 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001), we undertake a two-step inquiry in determining whether qualified immunity applies.

Torres v. City of Madera

648 F.3d 1119 · Court of Appeals for the Ninth Circuit · Aug 22, 2011

Qualified Immunity We must next consider whether Officer Noriega is nonetheless entitled to qualified immunity because the alleged unlawfulness of her conduct was not clearly established as of October 27, 2002, for the “inquiries … The district court nonetheless determined Officer Noriega was entitled to qualified immunity because the law in 2002 did not clearly establish that an unreasonable mistaken use of force violated the Fourth Amendment.

Mason ex rel. Marson v. Vasquez

5 F.3d 1226 · Court of Appeals for the Ninth Circuit · Oct 6, 1993

In so doing, the court placed more weight oh the deficiencies in Attorney Marson’s proof establishing ineompetency than on the government’s proof establishing competency.

David Glen Meyers v. Contra Costa County Department of Social Services, Defendants

812 F.2d 1154 · Court of Appeals for the Ninth Circuit · Mar 16, 1987

Under the doctrine of qualified immunity, executive officers are shielded from liability where “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … Haaland’s conduct on October 23, which indisputably involved no physical interference with parental custody, cannot be said to have violated clearly established statutory or constitutional rights.

P.B., on Her Own Behalf and on Behalf of N.B., a Minor S.G., on Her Own Behalf and on Behalf of L.G., a Minor C.D., on Her Own Behalf and on Behalf of D.D. v. Alfred Koch, Principal of Preston High School, and Scott Beckstead Mary Jo Roberts George Wilcox Orson Bowler

96 F.3d 1298 · Court of Appeals for the Ninth Circuit · Sep 27, 1996

III 18 Government officials enjoy qualified immunity from civil damages unless their conduct violates "clearly established constitutional rights of which a reasonable person would have known." Harlow v. … Determining whether a public official is entitled to qualified immunity "requires a two-part inquiry: (1) Was the law governing the state official's conduct clearly established?