Case 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

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.”

Metro Display Advertising, Inc. v. City of Victorville

143 F.3d 1191 · Court of Appeals for the Ninth Circuit · May 6, 1998

KLEINFELD, Circuit Judge: This is a qualified immunity claim by municipal officials relating to censorship of posters in bus shelters. The district judge wrote a sound and well articulated decision with which we agree. … established” as to deprive them of qualified immunity.

Dias v. Elique

Court of Appeals for the Ninth Circuit · Feb 6, 2006

QUALIFIED IMMUNITY Appellants assert Murray and Elique (the “Supervisors”) violated their clearly established constitutional rights by initi- ating an investigation without giving Appellants proper notice under Nev. … ELIQUE that such a right was clearly established.

Chuman v. Wright

76 F.3d 292 · Court of Appeals for the Ninth Circuit · Feb 8, 1996

Fronterotta, contends that the court erred in failing to grant him qualified immunity and in giving improper instructions to the jury. … The court then denied qualified immunity to Fronterotta and Wright.

Prison Legal News, a Washington Corporation Rollin A. Wright v. Joseph Lehman, in His Official and Individual Capacities Eldon Vail, in His Official and Individual Capacities Carol Porter, in Her Official and Individual Capacities James Blodgett, Superintendent, in His Official and Individual Capacities Kay Walter, in Her Official and Individual Capacities Alice Payne, in Her Official and Individual Capacities Maggie Miller-Stout, in Her Official and Individual Capacities Richard Morgan, in His Official and Individual Capacities Bob Moore, in His Official and Individual Capacities John Lambert, in His Official and Individual Capacities Doug Waddington, in His Official and Individual Capacities Belinda D. Stewart, in Her Official and Individual Capacities, Prison Legal News, a Washington Corporation Rollin A. Wright v. Joseph Lehman, in His Official and Individual Capacities Eldon Vail, in His Official and Individual Capacities Carol Porter, in Her Official and Individual Capacities James Blodgett, Superintendent, in His Official and Individual Capacities Kay Walter, in Her Official and Individual Capacities Alice Payne, in Her Official and Individual Capacities Maggie Miller-Stout, in Her Official and Individual Capacities Richard Morgan, in His Official and Individual Capacities Bob Moore, in His Official and Individual Capacities John Lambert, in His Official and Individual Capacities Doug Waddington, in His Official and Individual Capacities Belinda D. Stewart, in Her Official and Individual Capacities Scott Frakes, in His Official and Individual Capacities

397 F.3d 692 · Court of Appeals for the Ninth Circuit · Feb 1, 2005

because they violated clearly established law. … It also properly granted qualified immunity to the prison officials on this claim because their actions did not violate clearly established law.

Demont R.D. Conner v. Theodore Sakai

15 F.3d 1463 · Court of Appeals for the Ninth Circuit · Feb 2, 1994

Under the doctrine of qualified immunity, the issue is whether the right infringed was clearly established at the time of the defendant’s complained-of action, and whether a reasonable official could have believed that his … The right to call witnesses at a disciplinary hearing has been clearly established since Wolff v. McDonnell was decided in 1974.

Javier Torres v. Terry Goddard

793 F.3d 1046 · Court of Appeals for the Ninth Circuit · Jul 16, 2015

But that’s not necessarily true of qualified immunity. That protection depends on “whether the right at issue was ‘clearly established’ at the time of defendant’s alleged misconduct.” Pearson v. … We express no opinion as to whether Holmes is entitled to qualified immunity.

Price v. Kramer

200 F.3d 1237 · Court of Appeals for the Ninth Circuit · Jan 11, 2000

Post-trial appeal of pre-trial denial of qualified immunity The defendants argue that the district court’s pre-trial order denying the officers qualified immunity was improper. … In qualified immunity cases, unlike almost all others, 6 a denial of a motion for qualified immunity as a matter of law is appealable as of right on an interlocutory basis.

Clement v. City of Glendale

518 F.3d 1090 · Court of Appeals for the Ninth Circuit · Mar 11, 2008

Officer Young did not violate Clement’s clearly established right by calling for her car to be towed. … In deciding a motion for summary judgment in a section 1983 action we are bound to look first to whether there was a constitutional violation and then to whether defendants have qualified immunity, even if the qualified immunity

Baldwin v. Placer County

418 F.3d 966 · Court of Appeals for the Ninth Circuit · Aug 8, 2005

The County moved for summary judgment on the ground of the qualified immunity of the officers. … [5] The plaintiffs’ established civil rights were violated by presentation of the false affidavit. Liston, 120 F.3d at 972-73. Qualified immunity was rightly denied. [6] Conspiracy.

98 Cal. Daily Op. Serv. 8049, 98 Daily Journal D.A.R. 11,185 Theodore Chester Kulas v. Cso Valdez Officer Kotzin, Psychiatric Ward, Madison Street Jail Officer Fay Officer Lambert Maricopa County Sheriff's Office, Sgt. Medina, Corrections Officer, Psychiatric Ward at Madison Street Jail Sgt. Ceselini Potts Hoffert Osran

159 F.3d 453 · Court of Appeals for the Ninth Circuit · Oct 29, 1998

have known. 30 The Court stated that the limits of qualified immunity should be defined in objective terms, with the reasonableness of an official's conduct measured by reference to clearly established law. … However, "[i]f the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct."

Lester Shinault v. Dick Hawks

Court of Appeals for the Ninth Circuit · Apr 6, 2015

The panel nevertheless affirmed the district court’s summary judgment in favor of defendants on the basis of qualified immunity because the constitutional obligation was not clearly established at the time of the conduct. … Qualified Immunity “Qualified immunity shields federal and state officials from money damages unless a plaintiff pleads facts showing  SHINAULT V.

Fuller v. Jewelry

950 F.2d 1437 · Court of Appeals for the Ninth Circuit · Dec 11, 1991

are entitled to qualified immunity from damages if their conduct does not violate " 'clearly established statutory or constitutional rights of which a reasonable person would have known.' " Thorsted v. … It is equally well established that qualified immunity applies if a reasonable police officer could have believed that his or her conduct was lawful, in light of clearly established law and the information the officers possessed

Susan Hallstrom Robert Hallstrom v. City of Garden City Randy W. Snapp Sgt. Thurston Vaughn Killeen, Sheriff Mike Roberts

991 F.2d 1473 · Court of Appeals for the Ninth Circuit · Apr 12, 1993

Whether the qualified immunity defense applies to the officials of Ada County sued in their individual capacities turns on "the `objective legal reasonableness' of the action assessed in light of legal rules that were `clearly … to clearly established law' ") (quoting Harlow, 457 U.S. at 818 , 102 S.Ct. at 2738 ).

Norwood v. Vance

Court of Appeals for the Ninth Circuit · Jan 7, 2010

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  NORWOOD v. … whether the facts demon- strated a violation of clearly established law.”

Lyons v. Baughman

124 F. App'x 549 · Court of Appeals for the Ninth Circuit · Mar 3, 2005

By allegedly failing to follow prison policy and report a known risk of harm to Lyons, Baughman also violated clearly established law. See Brosseau v. Haugen, — U.S. — , 125 S.Ct. 596 , 160 L.Ed.2d 583 (2004). … The district court’s denial of qualified immunity is AFFIRMED.

McKinney v. Washington

297 F. App'x 593 · Court of Appeals for the Ninth Circuit · Oct 16, 2008

Katz, 533 U.S. 194 , 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001), we apply a two-part test to determine if qualified immunity shields a defendant from liability. … And second, if the officer’s conduct did deprive plaintiff of a constitutional right, the court analyzes whether “the right was clearly established.” Id.

Charles Thomas Miller v. Joseph Barilla, Ass't District Attorney

549 F.2d 648 · Court of Appeals for the Ninth Circuit · Jan 31, 1977

The continued vitality of a qualified immunity is questionable since this case was decided before Imbler v. … Pachtman, supra, and the court here equated the immunity principles of the public defender to the then existing qualified immunity of a prosecutor. 3 .