Case law

Moss v. United States Secret Service

675 F.3d 1213 · Court of Appeals for the Ninth Circuit · Apr 9, 2012

Qualified Immunity Framework [1] “[Q]ualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights … The second prong assesses the objective reasonableness of the official’s conduct in light of the decisional law at the time: A right is clearly established for purposes of qualified immunity only where the contours of the

Beaver v. City of Federal Way

301 F. App'x 704 · Court of Appeals for the Ninth Circuit · Nov 25, 2008

*705 MEMORANDUM ** The district court found that City of Federal Way police officers Douglas Laird and Heather Castro were entitled to qualified immunity for tasing appellant Ricky Beaver five times during his arrest on August … An officer is entitled to qualified immunity when his or her conduct is not a violation of an arrestee’s clearly established rights. Harlow v. Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982).

Covington v. Fairman

123 F. App'x 738 · Court of Appeals for the Ninth Circuit · Dec 9, 2004

Stanford, 323 F.3d 1178, 1180, 1184 (9th Cir.2003) (holding that, because the law regarding excessive force was clearly established in 1994, that qualified immunity was improperly granted to officers who allegedly beat an … Moreover, it was clearly established that significant injury is not required to make out an Eighth Amendment violation.

Bushell-McIntyre v. City of San Jose

252 F. App'x 810 · Court of Appeals for the Ninth Circuit · Oct 30, 2007

, the scope of that right was not clearly established at the time. … To determine whether a defendant is entitled to qualified immunity, we inquire into: (1) whether there was a constitutional violation; (2) if so, whether the constitutional violation was clearly established at the time; and

Rhonda Collins Barbara Hall Suzanne Jacks Ileana Bergere Chris Martin Natalie Nickle Sandra Perpignani Thomas Stolmar v. Frank Jordan, James Arnold John Newlin Walter Cullop, Rhonda Collins Barbara Hall Suzanne Jacks Ileana Bergere Chris Martin Natalie Nickle Sandra Perpignani Thomas Stolmar v. Frank Jordan, Rhonda Collins Barbara Hall Suzanne Jacks Ileana Bergere Chris Martin Natalie Nickle Sandra Perpignani Thomas Stolmar v. Frank Jordan, Richard Hongisto

110 F.3d 1363 · Court of Appeals for the Ninth Circuit · Mar 21, 1997

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. 39 Jordan's second contention is that he is entitled to qualified immunity because the plaintiffs have neither demonstrated a sufficient causal

Howard L. Bingham v. City of Manhattan Beach Ernest Klevesahl, Jr. Hodgen Crossett Does, 1-10, Inclusive, and Robert Schreiber, Howard L. Bingham v. City of Manhattan Beach Ernest Klevesahl, Jr., and Robert Schreiber Hodgen Crossett

329 F.3d 723 · Court of Appeals for the Ninth Circuit · May 19, 2003

He posits a novel twist to the "clearly established" inquiry, contending that because it is not clearly established that damages may be obtained under § 1983 for an unlawful traffic stop, qualified immunity should apply. … Rather, in determining whether qualified immunity is available, those cases merely inquire whether the right at issue was clearly established in law.

Kenny v. Easley

166 F. App'x 898 · Court of Appeals for the Ninth Circuit · Jan 4, 2006

Defendants claim, and the district court determined, that they are entitled to qualified immunity. The qualified immunity analysis set forth in Saucier v. … Kenny’s right to be free from excessive force was clearly established by December 1, 2001. See, e.g., Drummond v.

Bateson v. Geisse

857 F.2d 1300 · Court of Appeals for the Ninth Circuit · Sep 20, 1988

Absolute and Qualified Immunity The City of Billings has no immunity from lawsuits resulting from their constitutional torts. Owen v. … Thus, whether the city council members are immune “turns on the objective reasonableness of their conduct in light of clearly established law, not on their subjective good faith.” Lowe v.

Delia v. City of Rialto

621 F.3d 1069 · Court of Appeals for the Ninth Circuit · Nov 8, 2010

Qualified Immunity—The City’s Employees [1] “The doctrine of qualified immunity protects govern- ment officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory … Nevertheless, we conclude that these defendants are entitled to qualified immunity because Delia has not established that this constitu- tional right was clearly established at the time of Chief Wells’s order to Delia.

Ae Elliot-Park v. Jarrod Manglona

Court of Appeals for the Ninth Circuit · Jan 12, 2010

established as to defeat defen- dants’ claim of qualified immunity. … Indeed, the Supreme Court concluded that despite the clearly established law on the use of excessive force, under the specific circumstances in that case, the defen- dant was entitled to qualified immunity.7 Furthermore

Donna Crooks Brenda Holmes v. John H. Maynard, District Judge

913 F.2d 699 · Court of Appeals for the Ninth Circuit · Aug 31, 1990

Sparkman, 435 U.S. 349 , 98 S.Ct. 1099 , 55 L.Ed.2d 331 (1978), the Supreme Court established a test for determining when a judge is protected by absolute immunity. … II Since we affirm that Judge Maynard is cloaked by absolute judicial immunity, we do not reach the question of qualified immunity. AFFIRMED. 1 .

Richard Vos v. City of Newport Beach

892 F.3d 1024 · Court of Appeals for the Ninth Circuit · Jun 11, 2018

The panel nevertheless held that the defendant officers were entitled to qualified immunity on the § 1983 claims because existing precedent did not clearly establish, beyond debate, that the officers’ acted unreasonably under … “In determining whether an officer is entitled to qualified immunity, we consider (1) whether there has been a violation of a constitutional right; and (2) whether that right was clearly established at the time of the officer

Hervey v. Estes

65 F.3d 784 · Court of Appeals for the Ninth Circuit · Sep 12, 1995

In sum, a plaintiff can only survive summary judgment on a defense claim of qualified immunity if the plaintiff can both establish a substantial showing of a deliberate falsehood or reckless disregard and establish that, … Qualified immunity was not properly granted on this claim.

Diana G. Schlegel and Central Pacific Freight Lines, an Oregon Corporation v. William Bebout and Bob Russell

831 F.2d 881 · Court of Appeals for the Ninth Circuit · Nov 3, 1987

The Court pointed out that the right to due process of law is quite clearly established by the Due Process Clause, and thus it could follow that any action that violates that clause violates a clearly established right regardless … Based upon these principles, appellants are entitled to immunity if they can prove that a reasonable PUC official could have believed that the action taken was lawful, in light of clearly established law.

May v. Baldwin

109 F.3d 557 · Court of Appeals for the Ninth Circuit · Mar 19, 1997

The affirmative defense of qualified immunity shields public officials performing discretionary functions from liability for civil damages under § 1983 “insofar as their conduct does not violate clearly established statutory … CONCLUSION We find that May’s right to avoid loosening his dreadlocks was not clearly established at the time of the alleged violations of RFRA, and the prison officials are entitled to qualified immunity from damages.

Barney v. City of Eugene

20 F. App'x 683 · Court of Appeals for the Ninth Circuit · Sep 26, 2001

MEMORANDUM ** Joy Kern Barney (“Barney”) appeals the district court’s grant of summary judgment in favor of several individual police officers and the City of Eugene on the basis of qualified immunity in her action brought … We review the district court’s decision to grant summary judgment on the ground of *685 qualified immunity de novo. LSO, Ltd. v. Stroh, 205 F.3d 1146, 1157 (9th Cir.2000).

Georgia Nunez v. Gary F. Davis

169 F.3d 1222 · Court of Appeals for the Ninth Circuit · Mar 12, 1999

To preclude a state official from receiving qualified immunity for dismissing a public employee in violation of her First Amendment rights, Nunez must show that her asserted right was clearly established and that her employer … This being the case, there were no factors weighing in Davis’s favor, and thus Nunez’s right at issue was clearly established.

Dougherty v. City of Covina

654 F.3d 892 · Court of Appeals for the Ninth Circuit · Aug 16, 2011

Qualified Immunity “A police officer is not entitled to qualified immunity if: (1) the facts show that the officers conduct violated a plaintiffs constitutional rights; and (2) those rights were clearly established at the … Therefore, because the law was not clearly established at the time of the alleged events, the district court did not err in holding Bobkiewicz and the other police officers are entitled to qualified immunity.

William Hunt v. County of Orange

672 F.3d 606 · Court of Appeals for the Ninth Circuit · Feb 13, 2012

“Qualified immunity shields federal and 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 … If Carona “could ... have reasonably but mistakenly believed that his or her conduct did not violate a clearly estab *616 lished constitutional right,” he is entitled to qualified immunity. Greene v.

Puente v. City of Phoenix

123 F.4th 1035 · Court of Appeals for the Ninth Circuit · Dec 19, 2024

The panel held that the officers were entitled to qualified immunity because they acted reasonably under the circumstances or did not violate clearly established law.  PUENTE V. … established” prong of qualified immunity.