Case law

Jacqueline Lawrence v. Lvmpd

Court of Appeals for the Ninth Circuit · May 14, 2021

Bohanon, Walford, and Ledogar (together, “the Officers”) now appeal the denial of their motion for summary judgment, on qualified immunity grounds, on Plaintiffs’ excessive force claim.1 We dismiss for lack of appellate … immunity.”

United States v. Chad Kirch McKittrick

142 F.3d 1170 · Court of Appeals for the Ninth Circuit · Apr 28, 1998

Harrison, 34 F.3d 886, 889 (9th Cir.1994), the magistrate judge’s instructions to the jury clearly placed the burden of proof on the government. … Any error in the instructions would be harmless, nonetheless, because McKittrick cannot qualify for the incidental take exception.

Raymond Nichols v. City of Riverside

Court of Appeals for the Ninth Circuit · Aug 22, 2019

Defendants, City of Riverside police officers Daniel Macias and Michael Foster, appeal the district court’s order denying summary judgment on qualified immunity. … The district court therefore properly held that Defendants were not entitled to immunity because the law was clearly established at the time of Plaintiffs’ arrest in 2013.

Sharon Henry v. Bank of America Corporation

522 F. App'x 406 · Court of Appeals for the Ninth Circuit · Mar 27, 2013

Officers Chow and Lee are entitled to qualified immunity with regard to Henry’s § 1983 claim for false arrest because “it is reasonably arguable that there was probable cause for arrest.” Rosenbaum v. … The City and County of San Francisco is entitled to immunity from Henry’s state law claims because it shares the immunity of officers Chow and Lee. See Cal. Gov’t Code § 815.2(b).

United States v. Frederick Ines Gordon, United States of America v. Edward Loeswick

844 F.2d 1397 · Court of Appeals for the Ninth Circuit · Jun 14, 1988

Unknown to Gordon and Loeswick, Edler was granted immunity on May 15, 1984. He then called Loeswick to arrange a meeting about the grand jury investigation. … As to the third factor, Loeswick clearly engaged in the conspiracy for profit; he received a commission on every contract awarded to Edler Industries.

Abraham v. Oregon Department of Corrections

692 F. App'x 469 · Court of Appeals for the Ninth Circuit · Jun 14, 2017

Moreover, there was no error in granting summary judgment on the basis of qualified immunity to the state officials sued in their individual capacities. … Qualified immunity protects “state officials from money damages unless a plaintiff pleads facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established

Tyson v. Oregon Department of Corrections

483 F. App'x 347 · Court of Appeals for the Ninth Circuit · Sep 14, 2012

The district court properly granted the remaining individual defendants qualified immunity at summary judgment on the excessive force claim because Tyson failed to raise a genuine dispute of material fact as to whether … The district court properly granted qualified immunity at summary judgment on Tyson’s conspiracy claim because Tyson failed to allege any evidence suggesting an agreement or meeting of the minds among supposed conspirators

James L. Tatum v. Norman Carlson, Warden, and Lt. Mickey Ray

2 F.3d 1158 · Court of Appeals for the Ninth Circuit · Aug 4, 1993

not violate clearly established statutory or constitutional rights of which a reasonable person would have known." … Qualified immunity is an affirmative defense, and the federal official bears the burden of proof. Harlow, 457 U.S. at 815 .

Shoshone Min. Co. v. Rutter

87 F. 801 · Court of Appeals for the Ninth Circuit · May 23, 1898

It does not appear from the record that any right, privilege, or immunity under the constitution or laws of the United States was specially sol, up or claimed by the defendant below, or that any such right was denied them … of a federal nature unless it *810 clearly appears from the averments of the complaint or the declaration that in the progress of the trial, and preliminary to an adjudication, the right of the one or the other of the parties

Raul Arellano v. L. Helmick

Court of Appeals for the Ninth Circuit · Feb 23, 2021

Callahan, 555 U.S. 223, 232 (2009) (“Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right.”); Horton v. … City of Santa Maria, 915 F.3d 592, 600 (9th Cir. 2019) (the inquiry as to whether a constitutional right is clearly established must be undertaken “in light of the specific context of the case, not as a broad general proposition

David W. Kenny v. George Foster, Lt. B.E. Arbsland M. Barton H. Morse M. Fenoglio

87 F.3d 1320 · Court of Appeals for the Ninth Circuit · Jun 14, 1996

We agree. 13 Law enforcement officers who raise a defense of qualified immunity in a civil rights action should prevail if, at the time of the challenged action, the right asserted by the plaintiff was not "clearly established … Because it was not clearly established that a pretrial detainee had a right to a hearing before he could be placed in disciplinary or administrative segregation, appellees are entitled to qualified immunity on this claim.

Shizuko Kumanomido v. Nagle

40 F.2d 42 · Court of Appeals for the Ninth Circuit · Apr 7, 1930

together with their body and household servants, and Chinese laborers who are now in the United States shall be allowed to go and come of their own free will and accord, and shall be accorded all the rights, privileges, immunities … That act must be construed with the view to preserve treaty rights unless clearly annulled, and we cannot conclude that, considering its history, the general terms therein *46 disclose a congressional intent absolutely to

Michael Foss, a Minor v. United States

623 F.2d 104 · Court of Appeals for the Ninth Circuit · Jul 10, 1980

In this case, if an incorrect standard had been used and if, indeed, Foss was negligent, then the damages to Foss’s survivors would be diminished accordingly under California’s comparative negligence law as established in … He was clearly entitled to accept this hypothesis over others urged by the F.A.A. and to resolve conflicting testimony in so doing. Neal v. United States, 562 F.2d 338 (9th Cir. 1977).

United States v. Mendoza-Garcia

29 F. App'x 449 · Court of Appeals for the Ninth Circuit · Jan 2, 2002

United States, 495 U.S. 575 , 110 S.Ct. 2143 , 109 L.Ed.2d 607 (1990), a court can examine “documentation or judicially noticeable facts that clearly establish that the conviction is a predicate conviction for enhancement … Í2] Based on our review of the record, we conclude that Mendoza-Garcia’s conviction qualified as an aggravated felony.

Carter Products, Inc. v. Federal Trade Commission

201 F.2d 446 · Court of Appeals for the Ninth Circuit · Mar 13, 1953

No one is bound to make his adversary’s witness *453 his own to prove facts which he is lawfully entitled to establish by the cross-examination of that witness. … Confine your future examination to the pictures.” • Now clearly it is not permissible for the Commission to qualify and use a witness for its own purposes as one having attainments in the field of gastroenterology, and then

Tiffany Barraza v. J. Bodnar

Court of Appeals for the Ninth Circuit · Oct 17, 2018

Qualified immunity in § 1983 actions is not a “mere defense” to liability, it is an immunity from suit that is “effectively lost if a case is erroneously permitted to go to trial.” Mitchell v. … ; and second, whether the law clearly established that the arrest “was unlawful.”

United States v. Varela-Marquez

45 F. App'x 820 · Court of Appeals for the Ninth Circuit · Sep 16, 2002

Consequently, we remand for re-sentencing to allow the district court to review the existing record and any state court documents that may be obtained in order to determine whether Varela-Marquez’s 1984 burglary conviction qualifies … Rivera-Sanchez, 247 F.3d 905, 908-09 (9th Cir.2001) (en banc) (stating that when a the statute is broader than the generic definition, the court should examine other documents or judicially noticeable facts that clearly establish

People of the State of California Ex Rel. State Water Resources Control Board v. The Environmental Protection Agency, and Russell E. Train, as Administrator of the Environmental Protection Agency, State of Washington and Its Department of Ecology v. The Environmental Protection Agency and Russell E. Train, as Administrator of the Environmental Protection Agency, United States of America

511 F.2d 963 · Court of Appeals for the Ninth Circuit · Jun 23, 1975

. § 1342 ) established the National Pollutant Discharge Elimination System (hereinafter NPDES). … Seeber, 502 F.2d at 1249 . 14 Nowhere in the language of Section 402, establishing the NPDES, is there any suggestion that the Administrator may establish a dual permit system, administered in part by a state and in part

Exchange Nat. Bank of Spokane v. Meikle

61 F.2d 176 · Court of Appeals for the Ninth Circuit · Sep 14, 1932

Meikle, ap-pellee herein, was elected trustee and duly qualified. On August 5, 1929, a suit was instituted against the Exchange National Bank of Spokane and James A. … That being so, the total sum of $506,445.02 of the “Fred Herrick Advance Account” on the books of the Fred Herrick Lumber Company was a liability on October 9, 1928, and it clearly follows that the Fred Herrick Lumber Company

Paul Hardy v. City of Glendale Officer Dekruff Sgt. Barnes Mr. Peatrowsky Glendale Humane Society Officer Muzquiz Officer Bernsten

104 F.3d 365 · Court of Appeals for the Ninth Circuit · Dec 20, 1996

The district court held that Muzquiz was entitled to qualified immunity on this claim. 7 The qualified immunity test consists of three prongs: 1) the identification of a specific right allegedly violated; 2) whether the conduct … Accordingly, because Muzquiz's acts did not violate clearly established law, she was entitled to qualified immunity and the district court's grant of summary judgment on this issue was proper.