Case law

Alexander v. Perez

124 F. App'x 525 · Court of Appeals for the Ninth Circuit · Feb 23, 2005

The district court denied the defendants’ motion for summary judgment on the issue of qualified immunity, and they appealed. … The allegations also would establish that Bruce and Perez violated clearly established law.

97 Cal. Daily Op. Serv. 4031, 97 Daily Journal D.A.R. 6857 V-1 Oil Company, an Idaho Corporation v. Steven A. Smith, a Federal Railroad Administration Inspector, in His Individual Capacity

114 F.3d 854 · Court of Appeals for the Ninth Circuit · May 29, 1997

Further, our circuit precedent does not clearly establish that warrantless seizures in the closely regulated industry context violate the Fourth Amendment. 20 V-1 argues that Smith violated clearly established law because … The law was not clearly established when Smith acted. Qualified immunity insulates Smith from civil liability for his actions.IV 23 We reverse the district court's denial of summary judgment.

Brady v. Gebbie

859 F.2d 1543 · Court of Appeals for the Ninth Circuit · Oct 31, 1988

Anderson, 107 S.Ct. at 3039 ; see also Ostlund, 825 F.2d at 1374 (specific binding precedent is not required to find that law is clearly established for purposes of qualified immunity analysis). … Specific binding precedent is not required to show that a right is clearly established for qualified immunity purposes. Ostlund, 825 F.2d at 1374 .

Norse v. City of Santa Cruz

629 F.3d 966 · Court of Appeals for the Ninth Circuit · Dec 15, 2010

On the eve of trial, the district court sua sponte granted judgment against him, holding that the city officials were entitled to qualified immunity. … his clearly established rights.”

Ellis v. City of San Diego

176 F.3d 1183 · Court of Appeals for the Ninth Circuit · May 14, 1999

Qualified Immunity Both Hartson and Van Hoesen asserted below and on appeal that they are entitled to qualified immunity, and argue that this provides an alternative basis for affirming the district court’s order. … Cole, 504 U.S. 158 , 112 S.Ct. 1827 , 118 L.Ed.2d 504 (1992). 7 In determining Van Hoesen’s claim of qualified immunity, we consider whether Ellis has alleged that Van Hoesen acted unreasonably to deprive him of a clearly-established

State of Idaho v. Coeur D'Alene Tribe

794 F.3d 1039 · Court of Appeals for the Ninth Circuit · Jul 22, 2015

Thus, the immunity inquiry necessarily requires the determination of whether Hold’em qualifies as Class III gaming.  STATE OF IDAHO V. COEUR D’ALENE TRIBE 9 A. … In a handful of clearly distinguishable cases, courts have determined that gaming statutes permitting casino nights for charitable purposes establish that gaming is “explicitly authorized by the laws of the State” and that

Shoshone-Bannock Tribes v. Fish & Game Commission, Idaho

42 F.3d 1278 · Court of Appeals for the Ninth Circuit · Dec 16, 1994

State officials are entitled to qualified immunity if their conduct did “not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Where the defendant raises the affirmative defense of qualified immunity, the initial burden is upon the plaintiff to show that the rights were clearly established, after which the defendant bears the burden of proving that

Norwood v. Vance

572 F.3d 626 · Court of Appeals for the Ninth Circuit · Jul 9, 2009

Defendants are entitled to qualified immunity so long as a right to outdoor exercise in the midst of severe ongoing prison violence was not clearly established at the time defendants acted. See Saucier v. … Certainly, no authority clearly established the contrary. Allen didn’t. See p. 631-32 supra. And Spain v.

Brady v. Gebbie

859 F.2d 1543 · Court of Appeals for the Ninth Circuit · Oct 31, 1988

Specific binding precedent is not required to show that a right is clearly established for qualified immunity purposes. Ostlund, 825 F.2d at 1374 . … The district court thus did not err in its implicit conclusion that the law was clearly established for purposes of Gebbie’s qualified immunity defense.

Galvin v. Hay

374 F.3d 739 · Court of Appeals for the Ninth Circuit · Mar 18, 2004

DISCUSSION I Qualiñed Immunity Qualified immunity analysis proceeds in two stages. We must first inquire whether the plaintiffs have established a constitutional violation. … Until then, the constitutional right violated by the defendants was not clearly established. The defendants are therefore entitled to qualified immunity for the narrow tailoring violation.

SCHROEDER v. McDONALD

41 F.3d 1272 · Court of Appeals for the Ninth Circuit · Nov 29, 1994

Forsyth, 472 U.S. 511, 526 , 105 S.Ct. 2806, 2815-16 , 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? … Thus, defendants acted in complete disregard for clearly established prison regulations. 33 Accordingly, defendants fail the second part of the qualified immunity test.

Rogers v. Clark County School District

52 F. App'x 911 · Court of Appeals for the Ninth Circuit · Dec 9, 2002

Goldman argues that he is entitled to qualified immunity because he did not violate Rogers’ clearly established constitutional rights. … If we find a violation of a constitutional right, we consider whether the right was clearly established. Id.

Greene v. Terhune

2 F. App'x 750 · Court of Appeals for the Ninth Circuit · Jan 22, 2001

State officials such as Defendants have 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 … Thus, Defendants are entitled to qualified immunity. Qualified immunity does not bar actions for declaratory or injunctive relief. American Fire, Theft & Collision Managers, Inc. v.

Joseph Padgett v. Brian Loventhal

Court of Appeals for the Ninth Circuit · Oct 14, 2009

Curtis Wright appeals the district court’s denial of his motion for summary judgment on the ground of qualified immunity in this § 1983 action. … at issue was ‘clearly established’ at the time of defendant’s alleged misconduct.”

Webb v. Douglas County

224 F. App'x 647 · Court of Appeals for the Ninth Circuit · Mar 12, 2007

Herscher’s qualified immunity argument because Dr. Herscher did not move for dismissal based on qualified immunity in the district court. See Price v. Hawaii, 939 F.2d 702, 707 (9th Cir.1991). … the facts demonstrated a violation of clearly established law.”

Alana Flores v. Morgan Hill Unified School District

324 F.3d 1130 · Court of Appeals for the Ninth Circuit · Apr 8, 2003

The district court also held that the right to be free from discrimination on the basis of sexual orientation was clearly established. Defendants filed this interlocutory appeal of the denial of qualified immunity. … Clearly Established Law 25 Defendants are entitled to qualified immunity only if the law at the time of the alleged constitutional violation was not clearly established. See Saucier, 533 U.S. at 201-02, 121 S.Ct. 2151 .

Greater Los Angeles Council On Deafness, Inc. v. Zolin

812 F.2d 1103 · Court of Appeals for the Ninth Circuit · Mar 11, 1987

in his official capacity, qualified immunity is the general rule and absolute immunity the exceptional case. … Accordingly, we conclude that the individual defendants here are entitled only to a qualified immunity, which protects them fully "insofar as their conduct does not violate clearly established statutory or constitutional

Allen v. Sakai

40 F.3d 1001 · Court of Appeals for the Ninth Circuit · Nov 15, 1994

Bagley, 988 F.2d 868, 871 (9th Cir.1993). 4 Defendants are entitled to qualified immunity only "insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … Although a plaintiff must do more than offer conclusory allegations that the defendant violated a clearly established constitutional right, a public official is not entitled to qualified immunity when "[t]he contours of the

Art Tobias v. Daniel East

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

Because it is integral to our analysis of qualified immunity, we have jurisdiction to review the issue of causation. 3. … ‘clearly established’ at the time of the challenged conduct.”

Curnow ex rel. Curnow v. Ridgecrest Police

952 F.2d 321 · Court of Appeals for the Ninth Circuit · Dec 26, 1991

McDONALD, District Judge: Defendants appeal the district court’s denial of their motion for summary judgment based upon qualified immunity. We affirm. … Defendants-appellants moved for summary judgment on the basis of qualified immunity.