Case law

Ernest S. Little v. City of Seattle John Doe Jane Doe, and David Paul

863 F.2d 681 · Court of Appeals for the Ninth Circuit · Feb 2, 1989

The rule as to qualified immunity is that “government officials performing discretionary functions, generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … Because Little has not shown any violation of a clearly established constitutional right, Paul is not liable. 3.

Riley's American Heritage Farm v. James Elsasser

32 F.4th 707 · Court of Appeals for the Ninth Circuit · Mar 17, 2022

immunity as to the damages claims because the right at issue was not clearly established when the conduct took place. … Because the right at issue was not clearly established, the School defendants are entitled to qualified immunity on the Riley plaintiffs’ damages claims.

White v. Pierce County

797 F.2d 812 · Court of Appeals for the Ninth Circuit · Aug 20, 1986

The denial of the deputies’ motion is therefore appealable to the extent that motion was based on qualified immunity. … Qualified Immunity Government officials performing discretionary functions are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of

Estate of Daniel Hernandez v. City of Los Angeles

139 F.4th 790 · Court of Appeals for the Ninth Circuit · Jun 2, 2025

Unless the officer “violate[d] clearly established statutory or constitutional rights of which a reasonable person would have known,” she is entitled to qualified immunity. City of Escondido v. … Because McBride did not violate clearly established law in firing her third volley of shots, she is entitled to qualified immunity.

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

853 F.2d 1519 · Court of Appeals for the Ninth Circuit · Aug 15, 1988

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.

Dirks v. Grasso

449 F. App'x 589 · Court of Appeals for the Ninth Circuit · Sep 2, 2011

At the time of Dirks’s arrest, it was clearly established that an officer must have probable cause to execute a warrantless arrest. See Michigan v. … Grasso is not entitled to qualified immunity on Dirks’s First Amendment retaliation claim.

Donald D. Hemphill Danny Kay Howard Donald Booth v. Lawrence Kincheloe, Warden Amos Reed, Ronald Guilmet Jeffrey Heath v. W.L. Kautzky Lawrence Kincheloe Amos Reed, Belvin L. Carter George Johnson v. W.L. Kautzky Lawrence Kincheloe, Warden Booth Gardner Chase Riveland, Terrence L. Wetmore v. Booth Gardner Walter L. Kautzky Lawrence Kincheloe, Warden Amos Reed James Spaulding, Superintendent Richard Zabor

987 F.2d 589 · Court of Appeals for the Ninth Circuit · Jun 15, 1993

Racansky, 887 F.2d 183, 185 (9th Cir.1989). 10 Prison officials who have implemented a digital rectal probe policy are entitled to qualified immunity if, in light of the clearly established law at the time, a reasonable official … To determine whether this standard is satisfied, we recently established a two-part analysis: "1) Was the law governing the official's conduct clearly established?

97 Cal. Daily Op. Serv. 4285, 97 Daily Journal D.A.R. 7173 Maria Penilla, Michael Penilla Juan Penilla, by and Through Maria Penilla Administratrix Estate v. City of Huntington Park, and Joseph Settles Ioane Tua

115 F.3d 707 · Court of Appeals for the Ninth Circuit · Jun 6, 1997

Because the officers have moved for qualified immunity on a motion to dismiss, we decide only whether defendants' alleged conduct violated clearly established constitutional rights. Todd v. … Thus, following Mitchell and Todd we confine our review to the qualified immunity issue. 4 In order to be entitled to qualified immunity, the officers must show that their discretionary conduct did not violate any clearly

B.C. ex rel. B.C. v. Plumas Unified School District

192 F.3d 1260 · Court of Appeals for the Ninth Circuit · Sep 20, 1999

dog sniff searches were not “clearly established” at the time of the search at issue. … “Government officials are given qualified immunity from civil liability under § 1983 ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have

Hydrick v. Demorales

449 F.3d 978 · Court of Appeals for the Ninth Circuit · May 31, 2006

Defendants’ Qualified Immunity Defense Defendants also argued that the district court erred when it denied them qualified immunity. … Thus, there are two bodies of law from which we might draw “clearly established” law for qualified immunity purposes: first, where the SVPs claim a violation of a right that is clearly established even in the prison context

Tamas v. Department of Social & Health Services

630 F.3d 833 · Court of Appeals for the Ninth Circuit · Dec 22, 2010

Qualified Immunity [3] The determination of whether qualified immunity shields the Appellants from liability presents a closer and  TAMAS v. … Clearly Established Right [12] The second prong required to defeat qualified immu- nity is a showing that the Appellees’ constitutional rights were clearly established. See Conn, 572 F.3d at 1062.

Larry Wheaton v. Freddye Webb-Petett, Administrator, Adult and Family Services Division of the State of Oregon

931 F.2d 613 · Court of Appeals for the Ninth Circuit · May 1, 1991

Qualified immunity shields public employees who perform discretionary functions from liability for civil damages where “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … While relevant, this alone does not establish qualified immunity. Anderson, 483 U.S. at 640 , 107 S.Ct. at 3039 .

Saved Magazine v. Spokane Police Department

Court of Appeals for the Ninth Circuit · Dec 9, 2021

The panel held that Officer Doe was entitled to qualified immunity under the second prong of the qualified immunity analysis, which asks whether the constitutional right was clearly established at the time of defendant’s … Plaintiffs first argue that the district court erred in concluding that Officer Doe was entitled to qualified immunity because the law underpinning the alleged First Amendment violation was clearly established.

Hagen v. Jabar

56 F. App'x 302 · Court of Appeals for the Ninth Circuit · Dec 20, 2002

The Katz Two-Prong Test In Katz, the Supreme Court announced a refined, two-part, qualified immunity *304 test. 4 A court faced with a qualified immunity claim must first ask: “Taken in the light most favorable to the party … 5 If so, the court should then move to the second prong, which asks whether the constitutional right was “clearly established.” 6 The Supreme Court said a “clearly established” right is one where a “reasonable officer” clearly

Hunter v. Heath

26 F. App'x 754 · Court of Appeals for the Ninth Circuit · Jan 28, 2002

This Court reviews the district court’s denial of qualified immunity de novo. Watkins v. City of Oakland, Cal., 145 F.3d 1087, 1092 (9th Cir.1998). … Government officials performing discretionary functions receive qualified immunity under 42 U.S.C. § 1983 so long as their conduct does not violate “clearly established statutory or constitutional rights of which a reasonable

Collins v. Jordan

102 F.3d 406 · Court of Appeals for the Ninth Circuit · Dec 4, 1996

Thus, we have jurisdiction to consider Hongisto’s legal contention that he is entitled to qualified immunity because the law was not clearly established that, given the events of the previous day, an order to ban all demonstrations … Such conduct would violate clearly established First and Fourth Amendment rights.

Roth v. Veteran's Administration

856 F.2d 1401 · Court of Appeals for the Ninth Circuit · Sep 12, 1988

Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982), the Supreme Court held that a federal official has qualified immunity unless s/he "violate[s] clearly established statutory or constitutional rights of which … of qualified immunity.

Francisco Carrillo, Jr. v. County of Los Angeles

Court of Appeals for the Ninth Circuit · Aug 26, 2015

The officers filed a motion for judgment on the pleadings based on qualified immunity, arguing it was not clearly established in 1984 that they were bound by Brady’s disclosure requirements. … Ditsch moved for summary judgment, arguing he was entitled to qualified immunity on Carrillo’s Brady claim because it was not clearly established in 1991 that Brady 16 CARRILLO V. CNTY.

Ralph Kermit Winterrowd, 2nd v. Brad L. Nelson John Cyr Jorge Santiago v. Leviticus Washington Michael E. Burkmire Del Smith Dennis Casanovas

480 F.3d 1181 · Court of Appeals for the Ninth Circuit · Mar 30, 2007

Because we held in Meredith that the law on this point was clearly established as of July 10, 1998, it was also clearly established for the later incident here. … qualified immunity.

SCHROEDER v. McDONALD

55 F.3d 454 · Court of Appeals for the Ninth Circuit · May 19, 1995

Racansky, 887 F.2d 183, 185 (9th Cir.1989). 21 The defense of qualified immunity protects "government officials ... from liability for civil damages insofar as their conduct does not violate clearly established statutory … Forsyth, 472 U.S. 511, 526 , 105 S.Ct. 2806, 2815 , 86 L.Ed.2d 411 (1985). 22 The qualified immunity test requires a two-part analysis: "(1) Was the law governing the official's conduct clearly established?