Case law

White v. Lee

227 F.3d 1214 · Court of Appeals for the Ninth Circuit · Sep 27, 2000

Was the Law Clearly Established? 88 Having concluded that the plaintiffs have stated a proper First Amendment claim, we next consider whether the HUD officials are entitled to qualified immunity. … In analyzing a claim of qualified immunity, this court asks two related questions: (1) Was the law governing the officials' conduct clearly established?

Robert Roybal v. Toppenish School District

871 F.3d 927 · Court of Appeals for the Ninth Circuit · Sep 20, 2017

In this case, the district court concluded, as a matter of law, that Toppenish violated Roybal’s clearly established due process rights. … We do not have jurisdiction, however, to review the denial of qualified immunity as to Roybal’s First Amendment retaliation claim.

William Bernal v. Sacramento County Sheriff's Department

73 F.4th 678 · Court of Appeals for the Ninth Circuit · Jul 7, 2023

Qualified immunity shields law enforcement officers from civil liability under § 1983 “unless the officers violated a clearly established constitutional right.” Monzon v. … Accordingly, William’s right to record police is clearly established and the Deputies are not entitled to qualified immunity.

Richard Leo Deorle v. Greg Rutherford, Butte County Deputy Sheriff Mick Grey, Butte County Sheriff County of Butte

242 F.3d 1119 · Court of Appeals for the Ninth Circuit · Mar 16, 2001

The Fifth Circuit upheld the jury verdict, applying a separate qualified-immunity test that first determines whether the officer’s use of force violated clearly established law, then inquires whether, on the facts as they … In applying the first part of the traditional qualified-immunity test— whether the law was clearly established— we start with the general proposition that the use of force that is objectively unreasonable is unlawful and

Brewster v. Board Of Education Of The Lynwood Unified School District

149 F.3d 971 · Court of Appeals for the Ninth Circuit · Jul 13, 1998

established' to preclude qualified immunity under Harlow and its progeny." … established" to defeat the school officials' assertion of qualified immunity.

Remo Benigni, D/B/A the Silver Fox v. City of Hemet Roger Miller Jesse Pease Scott Jernigan

868 F.2d 307 · Court of Appeals for the Ninth Circuit · Feb 14, 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.

Moore v. Lamarque

242 F. App'x 458 · Court of Appeals for the Ninth Circuit · Jul 3, 2007

The purpose of the qualified immunity rule is to protect from suit government officials who make reasonable mistakes in the course of duty. … Whether a right is clearly established must be undertaken in light of the specific context of the case, rather than as a broad general proposition. Id. at 201, 121 S.Ct. 2151 .

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.

Johnson v. Hawe

388 F.3d 676 · Court of Appeals for the Ninth Circuit · Oct 25, 2004

Defendants assert they are entitled to qualified immunity. … B We next examine whether the contours of Johnson’s Fourth Amendment right in this context were sufficiently clearly established at the time of Johnson’s arrest to defeat the Chiefs claim of 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

Bruce v. Ylst

351 F.3d 1283 · Court of Appeals for the Ninth Circuit · Dec 10, 2003

"Government officials enjoy qualified immunity from civil damages unless their conduct violates `clearly established statutory or constitutional rights of which a reasonable person would have known.'" Jeffers v. … As this court pointed out in Pratt, "the prohibition against retaliatory punishment is `clearly established law' in the Ninth Circuit, for qualified immunity purposes." 65 F.3d at 806 (citing Schroeder v.

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.

C. B. v. City of Sonora

Court of Appeals for the Ninth Circuit · Oct 15, 2014

Because C.B.’s constitutional rights were not clearly established, the district court improperly denied qualified immunity to the officers. … qualified immunity.

Tibbetts v. Kulongoski

Court of Appeals for the Ninth Circuit · May 29, 2009

Bryant, 502 U.S. 224, 226 (1991) (per curiam) (noting if the parameters of the right are not clearly established by case law, the official is entitled to qualified immunity). … Pelzer, 536 U.S. 730, 741 (2002), if the parameters of the right are not clearly established by case law, the official is entitled to qualified immunity.

Dale Danielson v. Jay Inslee

945 F.3d 1096 · Court of Appeals for the Ninth Circuit · Dec 26, 2019

Second, even qualified immunity is no longer constrained by a common law tort analogy. … under § 1983,” but “instead grant immunity to any officer whose conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known’” (quoting Mullenix v.

Corey Hughes v. Michael Rodriguez

31 F.4th 1211 · Court of Appeals for the Ninth Circuit · Apr 21, 2022

The panel further held that Officer Michael Rodriguez was not entitled to qualified immunity under § 1983 as to the claimed post-handcuff beating and dog-biting because it was clearly established law that beating a handcuffed … Qualified Immunity Qualified immunity is proper unless the plaintiff can establish that “the [officers’] specific conduct violated clearly established federal law.” Sharp v.

Doe v. Lebbos

348 F.3d 820 · Court of Appeals for the Ninth Circuit · Nov 4, 2003

“Beyond those functions historically recognized as absolutely immune at common law, qualified and only qualified immunity exists.” Id. at 897. … Herrera therefore is entitled to qualified immunity.

Beck v. City of Upland

527 F.3d 853 · Court of Appeals for the Ninth Circuit · May 28, 2008

Qualified Immunity Beck has met his burden to establish causation on both his First and Fourth Amendment causes of action. … See Saucier, 533 U.S. at 201, 121 S.Ct. 2151 (discussing step one of the qualified immunity inquiry) All that remains is to determine whether the pertinent law was clearly established at the time of the incidents in this

David Scott v. County of San Bernardino

903 F.3d 943 · Court of Appeals for the Ninth Circuit · Sep 10, 2018

Discussion In determining whether a police officer is entitled to qualified immunity, we ask (1) whether he violated a constitutional right, and (2) whether the right was “clearly established” at the time of the violation … The Officers Are Not Entitled to Qualified Immunity “Qualified immunity insulates the officers from liability unless ‘existing precedent . . . ha[s] placed the statutory or constitutional question beyond debate.’”

Brewster v. Board of Education of the Lynwood Unified School District

149 F.3d 971 · Court of Appeals for the Ninth Circuit · Jul 13, 1998

established’ to preclude qualified immunity under Harlow and its progeny.” … established” to defeat the school officials’ assertion of qualified immunity.