Case law

Tribble v. Gardner

860 F.2d 321 · Court of Appeals for the Ninth Circuit · Oct 25, 1988

The defendants in that case moved for summary judgment on the basis of qualified immunity. … established rights. 9 Therefore, we hold that, viewing the facts in the light most favorable to the plaintiff, the district court was correct in denying defendants' motion for summary judgment on the basis of qualified immunity

Tortu v. Las Vegas Metropolitan Police Department

556 F.3d 1075 · Court of Appeals for the Ninth Circuit · Mar 3, 2009

’ qualified immunity claims. … The determination of qualified immunity at step two is strictly a legal question of whether, even though the facts alleged by the plaintiff make out a constitutional violation, that constitutional right was not clearly established

John Witherow v. Lea Baker

Court of Appeals for the Ninth Circuit · May 18, 2021

not clearly established. … B In considering what constitutes “clearly established” law for purposes of qualified immunity, the Supreme Court has taken a narrow approach.

DeBoer v. Pennington

206 F.3d 857 · Court of Appeals for the Ninth Circuit · Mar 17, 2000

If the right is not clearly established, the individual defendants are entitled to qualified immunity. See Thompson v. Souza, 111 F.3d 694, 698 (9th Cir.1997). … Clearly Established Law Having identified the right at issue, we must determine whether it was clearly established before January 31, 1995.

Shinault v. Hawks

782 F.3d 1053 · Court of Appeals for the Ninth Circuit · Jan 22, 2015

Yet, we ultimately affirm on the basis of qualified immunity because the constitutional obligation was not clearly established at the time of the conduct. 1 FACTUAL BACKGROUND AND PROCEDURAL HISTORY Lester Shinault was incarcerated … the right was not clearly established at the time of conduct.

Chism v. Washington State

661 F.3d 380 · Court of Appeals for the Ninth Circuit · Aug 25, 2011

We also conclude that the officers are not entitled to qualified immunity because the Chisms’ right to not be searched and arrested as a result of judicial deception was clearly established at the time Gardner prepared and … Qualified Immunity Qualified immunity shields the officers from liability “insofar as their conduct d[id] not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Conn v. City of Reno

572 F.3d 1047 · Court of Appeals for the Ninth Circuit · Jul 24, 2009

Qualified immunity We next assess whether summary judgment is warranted because the defendants are entitled to qualified immunity. … Officers are entitled to qualified immunity if they reasonably misapprehend how the law would govern in their particular situation. Id at 205, 121 S.Ct. 2151 . Qualified immunity is not warranted here.

Noble v. Adams

646 F.3d 1138 · Court of Appeals for the Ninth Circuit · Mar 17, 2011

during a lockdown imposed in the aftermath of a prison riot was not “clearly established” in 2002. … This scenario is precisely what the doctrine of qualified immunity is designed to cover.

Bechard v. Rappold

287 F.3d 827 · Court of Appeals for the Ninth Circuit · Apr 19, 2002

But the application of the legislative immunity doctrine to local legislators, such as county commissioners, is now well-established. See Bogan, 523 U.S. at 49 , 118 S.Ct. 966 . … In that light, it cannot be said that undisputed facts establish that the conduct of the Commissioners surrounding the termination was solely budgetary and legislative in nature.

Daniel Chavez v. David Robinson

12 F.4th 978 · Court of Appeals for the Ninth Circuit · Sep 8, 2021

Qualified Immunity Once it is established that Chavez has a cause of action under § 1983, it is clear that his claim is not barred by qualified immunity: Antelope “clearly established” the constitutional right that Chavez … Rushen, 678 F.2d 791 (9th Cir. 1982), clearly establishes the right Chavez asserts, and thus his right-to-counsel claim is foreclosed by qualified immunity.

98 Cal. Daily Op. Serv. 3595, 98 Daily Journal D.A.R. 4957 Larry Darnell Thomas v. J. Gomez, Director of Corrections, R. Powell, Individually and as Correctional Officer, Calipatria State Prison B. Langley, Individually and as Correctional Officer, Calipatria State Prison J. Sims, Individually and as Correctional Officer D. Romero, Individually and as Corrections Officer, Calipatria State Prison

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 district court's order denying qualified immunity established a fact-related dispute about the pretrial record, defendants

Wallin v. City of Los Angeles

15 F.3d 1095 · Court of Appeals for the Ninth Circuit · Feb 3, 1994

However, LAPD Officers' contention that they did not violate any clearly established law at best makes the qualified immunity issue a mixed question of law and fact. 3 Because this appeal does not present a purely legal issue … An officer is entitled to qualified immunity even if "the law governing [his] conduct [was] clearly established[,]" so long as "[u]nder that law, ... a reasonable officer [could] have believed the conduct was lawful[.]"

Merritt Sharp, III v. County of Orange

871 F.3d 901 · Court of Appeals for the Ninth Circuit · Sep 19, 2017

In its view, the deputies violated clearly established law, thereby precluding qualified immunity, and the district court further held that the asserted state-law immunities were inapplicable as a matter of law and fact. … Qualified immunity is proper unless Plaintiffs establish that (1) the deputies committed a constitutional violation, and (2) the deputies’ specific conduct violated “clearly established” federal law.

MacFarlane v. Walter

179 F.3d 1131 · Court of Appeals for the Ninth Circuit · May 5, 1999

In both the Teague and qualified immunity contexts, the Supreme Court has determined that a precedent is "clearly established" if it compels a particular legal result. Under Teague v. … Creighton, 483 U.S. 635, 640 , 107 S.Ct. 3034 , 97 L.Ed.2d 523 (1987), the Supreme Court specifically rejected the notion that a right can be clearly established for qualified immunity purposes only if "the very action in

A. K. H. Ex Rel. Landeros v. City of Tustin

837 F.3d 1005 · Court of Appeals for the Ninth Circuit · Sep 16, 2016

A defendant who appeals a denial of qualified immunity on the ground that his “conduct did not violate the Fourth Amendment and, in any event, did not violate clearly established law” has “raise[d] legal issues” that may … Clearly Established Right Although we conclude Officer Villarreal’s actions violated the Fourth Amendment, we may affirm the district court’s denial of qualified immunity only if “the right which was violated was clearly

Newell v. Sauser

79 F.3d 115 · Court of Appeals for the Ninth Circuit · Mar 11, 1996

The qualified immunity doctrine protects government officials from liability for civil damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … Analysis of a claim of qualified immunity entails three steps: “(1) the identification of the specific right allegedly violated; (2) the determination of whether that right was so ‘clearly established’ as to alert a reasonable

Correll Thomas v. C. Dillard

Court of Appeals for the Ninth Circuit · May 5, 2016

DILLARD 3 Dillard was entitled to qualified immunity because it was not clearly established at the time that the initial demand for a frisk was unlawful. … Because it was not clearly established at the time that the perceived domestic violence nature of an investigation was insufficient to establish reasonable suspicion, however, we hold Dillard is entitled to qualified immunity

Tibbetts v. Kulongoski

567 F.3d 529 · Court of Appeals for the Ninth Circuit · May 29, 2009

Bryant, 502 U.S. 224, 226 , 112 S.Ct. 534 , 116 L.Ed.2d 589 (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 , 122 S.Ct. 2508 , 153 L.Ed.2d 666 (2002), if the parameters of the right are not clearly established by case law, the official is entitled to qualified immunity.

Oona, R.-S.-, a Minor, by Kate S., Her Guardian, Kate S. And Ken R. v. Patricia McCaffrey Gerald Hill Ronald Lundy

143 F.3d 473 · Court of Appeals for the Ninth Circuit · May 5, 1998

A school counselor appealed from an order denying him qualified immunity on the ground that his alleged conduct in failing to take steps to stop sexual harassment violated clearly established rights under Title IX. … We said that in reviewing a denial of qualified immunity, this court has jurisdiction “ ‘only to decide if defendant’s conduct violated ... clearly established [law.]’” Petaluma, 54 F.3d at 1449 (quoting Pelletier v.

Irma Woodward v. City of Tucson

870 F.3d 1154 · Court of Appeals for the Ninth Circuit · Sep 15, 2017

We also reverse the district court’s denial of qualified immunity regarding the seizure of and use of force on Duncklee, as it was not clearly established that the Defendants’ actions violated a constitutional right. … As we have said, the qualified immunity analysis has two prongs: (1) whether the facts alleged by the plaintiff establish that a constitutional right of his was violated; and (2) whether that right was “clearly established