Case 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.

Hell's Angels Motorcycle Corporation, a California Corporation the Oakland Charter of the Hell's Angels Motorcycle Club v. Timothy McKinley

360 F.3d 930 · Court of Appeals for the Ninth Circuit · Feb 6, 2004

established at the time of the alleged deprivation, and thus Agent McKinley was entitled to qualified immunity. … They now appeal only the grant of qualified immunity to Agent McKinley. 4 *933 III. STANDARD OF REVIEW We review de novo the district court’s decision granting qualified immunity to Agent McKinley. Sorrels v.

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 .

97 Cal. Daily Op. Serv. 2551, 97 Daily Journal D.A.R. 4501 Jeri Lynn Thompson, Individually and as Guardian Ad Litem for Nicole L. Thompson, a Minor Nicole Leah Thompson, a Minor and Joseph Deshetres v. Larry Wayne Mahre, and Michael Steen

110 F.3d 716 · Court of Appeals for the Ninth Circuit · Apr 7, 1997

Whether a right is "clearly established" so that a public official who violated that right would have no qualified immunity is a question of law reviewed de novo. Elder v. … All he needs is qualified immunity, which he has if "a reasonable officer could have believed [the forcible entry without announcement and opportunity to comply peaceably] to be lawful, in light of clearly established law

Gausvik v. Perez

345 F.3d 813 · Court of Appeals for the Ninth Circuit · Oct 3, 2003

Penman, 75 F.3d 1311, 1317 (9th Cir.1996) (en banc) (exercising jurisdiction over the purely legal issue of whether the “defendants’ alleged conduct violated clearly established law”). III. … Qualified Immunity Perez is entitled to qualified immunity if his “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow 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.

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).

Kennedy v. Ridgefield

Court of Appeals for the Ninth Circuit · Sep 12, 2005

Katz, 533 U.S. 194, 201 (2001), the Supreme Court established a two-prong analysis for qualified immunity cases. … forfeited his qualified immunity.

Michael T. Swift v. State of California Department of Corrections Keith Tandy, and Steve Christian Maritza Rodriguez

384 F.3d 1184 · Court of Appeals for the Ninth Circuit · Oct 5, 2004

P. 12(b)(6), arguing, inter alia, that they are entitled to absolute immunity or qualified immunity. … Ramirez, 967 F.2d 1413, 1415-16 (9th Cir.1992) (holding that a parole officer was not entitled to qualified immunity for depriving a woman of her clearly established due process right to bodily privacy by entering a bathroom

Tina Cates v. Bruce Stroud

976 F.3d 972 · Court of Appeals for the Ninth Circuit · Sep 25, 2020

If a constitutional violation is established, satisfying the first prong, the second prong of a qualified immunity analysis asks whether the law prohibiting the action was “clearly established” at the time of the incident … Law is “clearly established” for the purposes of qualified immunity analysis if “every reasonable official would have understood that what he is  CATES V.

Yassir Fazaga v. Fbi

916 F.3d 1202 · Court of Appeals for the Ninth Circuit · Feb 28, 2019

Often, whether a right is “clearly established” for purposes of qualified immunity will turn on the legal test for determining whether that right has been 8 Again, as we noted above, “electronic surveillance” … immunity with respect to this category of surveillance under the second prong of the qualified immunity standard—whether “the right was ‘clearly established’ at the time of the challenged conduct.” al-Kidd, 563 U.S. at 735

Conner v. City of Santa Ana

897 F.2d 1487 · Court of Appeals for the Ninth Circuit · Mar 1, 1990

Qualified immunity from suit must be granted when the law allegedly violated is not clearly established. Harlow v. Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727, 2738 , 73 L.Ed.2d 396 (1982). … Defendant California Towing's grant of qualified immunity must also be reversed as private parties acting under color of state law are not entitled to the qualified immunity defense. F.E. Trotter, Inc. v.

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.

Schultz v. Sundberg

759 F.2d 714 · Court of Appeals for the Ninth Circuit · Apr 30, 1985

The executive officials are entitled to qualified immunity Recently, in Harlow v. … The defendants have a qualified immunity for their actions.

Friedman v. Boucher

Court of Appeals for the Ninth Circuit · Sep 8, 2009

Because Friedman’s rights were clearly established at the time that Defendants took the sample, the Defendants are not enti- tled to qualified immunity. … immunity because the law is not clearly established.

Torres v. City of Los Angeles

548 F.3d 1197 · Court of Appeals for the Ninth Circuit · Nov 12, 2008

The second question is whether the constitutional right at issue is “clearly estab- lished.” Id. at 202. As Defendants argue, qualified immunity is a question of law, not a question of fact. Hunter v. … But Defendants are only entitled to qualified immu- nity as a matter of law if, taking the facts in the light most favorable to Torres, they violated no clearly established con-  TORRES v.

Perkins v. City of West Covina

113 F.3d 1004 · Court of Appeals for the Ninth Circuit · May 9, 1997

Qualified immunity A law enforcement officer is entitled to qualified immunity in a § 1983 action if the district court determines that, in light of clearly established principles governing the conduct in question at the … We affirm the district court’s finding of qualified immunity. II.

Thomas v. Gomez

143 F.3d 1246 · Court of Appeals for the Ninth Circuit · May 12, 1998

Six Unknown Named Agents of Federal Bureau of Narcotics, 399 U.S. 905 , 90 S.Ct. 2203 , 26 L.Ed.2d 559 (1970), Fourth and Fifth Amendment action because the law was not clearly established on whether he had the regulatory … Jones; 515 U.S. 304, 307 , 115 S.Ct. 2151, 2153-54 , 132 L.Ed.2d 238 (1995) (holding that where the distinct court’s order denying qualified immunity established a fact-related dispute about the pretrial record, defendants

John Allen v. City & County Of Honolulu

39 F.3d 936 · Court of Appeals for the Ninth Circuit · Oct 28, 1994

immunity because he had not violated "clearly established" federal law. … established.