Case law

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

April Sabbe v. Washington Cnty Bd of Comm'rs

84 F.4th 807 · Court of Appeals for the Ninth Circuit · Oct 17, 2023

“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.” White v. … I would hold that Defendants’ entry onto Sabbe’s property was a clearly established violation of the Fourth Amendment, as to which Defendants are not entitled to qualified immunity.

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.

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.

Dale E. Kraus and Rosetta M. Kraus, Husband and Wife Cindy D. Kraus, Individually and Todd W. Montgomery, Individually v. County of Pierce

793 F.2d 1105 · Court of Appeals for the Ninth Circuit · Sep 17, 1986

The Supreme Court has noted, however, that qualified immunity “is an immunity from suit rather than a mere defense to liability____” Mitchell v. … According to the test for qualified immunity established by the Supreme Court, the deputies in this case are immune from liability (and trial) if “their conduct [did] not violate clearly established statutory or constitutional

Millender v. County of Los Angeles

564 F.3d 1143 · Court of Appeals for the Ninth Circuit · May 6, 2009

If the answer to the first inquiry is yes, the second inquiry is whether the right was clearly established: in other words, “whether it would be clear to a reasonable officer that his conduct was unlawful in the situation … The district court’s denial of qualified immunity is VACATED, and the case is REMANDED with instructions to grant Detective Messerschmidt and Sergeant Lawrence qualified immunity on the challenged scope of the warrant. .

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.”

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.

Allen v. Sakai

40 F.3d 1001 · Court of Appeals for the Ninth Circuit · Nov 15, 1994

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. … established constitutional rights, defeating defendants’ claims to qualified immunity at the summary judgment stage.

Scott Hanson v. William Shubert

968 F.3d 1014 · Court of Appeals for the Ninth Circuit · Aug 4, 2020

SHUBERT 5 in part found that Shubert and Gonzalez could not be accorded qualified immunity as a matter of law, as genuine factual disputes remained as to whether they violated Hanson’s clearly … established rights.

Gerhart v. Lake County, Mont.

637 F.3d 1013 · Court of Appeals for the Ninth Circuit · Mar 18, 2011

Qualified Immunity for the Individual Defendants [19] Qualified immunity shields the individual Commis- sioners from liability “insofar as their conduct d[id] not vio- late clearly established statutory or constitutional … We conclude that the right was clearly established, and conclude that the individual Commis- sioners are not entitled to summary judgment on the ground of qualified immunity.

Alva Gutierrez v. Municipal Court of the Southeast Judicial District, County of Los Angeles, Incorrectly Sued as "County of Los Angeles, a Public Entity Porter De Dubovay John W. Bunnett and Russell F. Schooling, in Their Capacity as Officials Having Authority to Issue Personnel Rules for Employees of the County of Los Angeles at the Municipal Court of the Southeast Judicial District," Alva Gutierrez v. Porter De Dubovay John W. Bunnett and Russell F. Schooling, Defendants

838 F.2d 1031 · Court of Appeals for the Ninth Circuit · Apr 22, 1988

Clearly Established in General 47 In Harlow v. … Qualified immunity is not a defense in such cases.

Linda K. Wood v. Steven C. Ostrander Neil Maloney

879 F.2d 583 · Court of Appeals for the Ninth Circuit · Jun 27, 1989

Qualified, Immunity State officials cannot be held liable for damages under section 1983 unless their conduct violates a clearly established constitutional right. Davis v. … away clearly established law.

Krish Singh v. City of Phoenix

124 F.4th 746 · Court of Appeals for the Ninth Circuit · Dec 26, 2024

DISCUSSION “Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct … Qualified Immunity The district court held, and we agree, that Plaintiff has established a plausible, even though not conclusive, constitutional violation at step one of the qualified-immunity analysis.

Onofre T. Serrano v. S.W. Francis

345 F.3d 1071 · Court of Appeals for the Ninth Circuit · Sep 26, 2003

Government officials who perform discretionary functions generally are entitled to qualified immunity from liability for civil damages “insofar as their conduct does not violate clearly established statutory or constitutional … Accordingly, we now move to our analysis of qualified immunity. 3.

Remo Benigni, Dba the Silver Fox v. City of Hemet Roger Miller Jesse Pease Scott Jernigan

879 F.2d 473 · Court of Appeals for the Ninth Circuit · Jun 15, 1989

QUALIFIED IMMUNITY This question is properly before the court because the individual defendants moved for a directed verdict on the basis of qualified immunity and subsequently offered it as a ground for judgment NOV. … Thus we conclude that any error in the qualified immunity instruction was harmless.

Krug v. Lutz

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

Qualified Immunity 16 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: 17 [T]he next, sequential step is to ask whether the right was clearly established.

Wood v. Sunn

865 F.2d 982 · Court of Appeals for the Ninth Circuit · Jul 27, 1988

The Supreme Court decided an entirely different issue in this case: precisely what must be “clearly established” for a law enforcement officer to be entitled to summary judgment on the issue of qualified immunity in the context … of a warrant-less search. 4 The Supreme Court held that qualified immunity is available if a reasonable police officer could have believed that the search was justified, in light of clearly established law and the information

Sweaney v. Ada County

119 F.3d 1385 · Court of Appeals for the Ninth Circuit · Jul 15, 1997

The doctrine of qualified immunity shields government officials from civil liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … We held that the social workers’ conduct was shielded by qualified immunity. Id. at 334 .

Bollinger v. Oregon

172 F. App'x 770 · Court of Appeals for the Ninth Circuit · Mar 28, 2006

Under the law of the case doctrine in our circuit, subsequent proceedings should follow the law of the case established in a previous appellate decision unless: “(1) the decision is clearly erroneous and its enforcement would … Since, in the posture presented to us, this qualified immunity question is a purely legal one, and Bollinger I held that the defendants were not entitled to qualified immunity, that holding controls this appeal as law of