Case law

Jerry Newmaker v. City of Fortuna

842 F.3d 1108 · Court of Appeals for the Ninth Circuit · Nov 22, 2016

Summary Judgment Is Inappropriate The district court granted summary judgment because of qualified immunity. Qualified immunity analysis entails a two-pronged inquiry. Tolan v. Cotton, 134 S. Ct. 1861, 1865 (2014). … Plaintiffs maintain that Officer Soeth violated Newmaker’s clearly established Fourth Amendment rights by using excessive, and ultimately deadly, force.

Johnson v. Walton

558 F.3d 1106 · Court of Appeals for the Ninth Circuit · Mar 13, 2009

The court denied Officer Walton qualified immunity because, in its view, insufficient evidence existed “to establish a fair probability that any contraband or evidence of a crime might be found at [Sun Min and Kim’s] residence … Qualified immunity 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 would have known

Gloria Franklin and Johnny Curry v. Derrick Foxworth

31 F.3d 873 · Court of Appeals for the Ninth Circuit · Aug 2, 1994

In my opinion, the officers are clearly not entitled to immunity, qualified or otherwise. … The question whether qualified immunity applies in this case, like all other questions of qualified immunity, “turns on the objective legal reasonableness of the action assessed in light of the legal rules that were clearly

Bernhard v. City of Ontario

270 F. App'x 518 · Court of Appeals for the Ninth Circuit · Mar 13, 2008

If we find that the officer violated a constitutional right, we next consider whether that right was clearly established at the time the alleged violation occurred. … established in 1996.

Shames v. California Travel & Tourism Commission

607 F.3d 611 · Court of Appeals for the Ninth Circuit · Jun 8, 2010

The Court established a two-pronged test to determine when state involvement in anticompetitive conduct can render a party eligible for immunity: (1) the challenged restraint must be “one clearly articulated and affirmatively … We held that the companies’ actions did not qualify for state action immunity because the OPUC “did not specifically and clearly authorize[ ] by the relevant statutory process” their anticompetitive conduct.

97 Cal. Daily Op. Serv. 1679, 97 Daily Journal D.A.R. 3149 Herman J. Blueford v. K.W. Prunty, Warden K. Daniels B.H. Moses C. Basilio M.E. Bourland, Correctional Officer II at Calipatria State Prison Arnold Trujillo

108 F.3d 251 · Court of Appeals for the Ninth Circuit · Mar 6, 1997

If not, he is not entitled to qualified immunity. … (finding no qualified immunity where cases "clearly" set out the premises of a particular clearly established right). 16 However, government officials are "not charged with predicting the future course of constitutional law

Shelly Ioane v. Jean Noll

Court of Appeals for the Ninth Circuit · Sep 19, 2019

The second part of the qualified immunity test required a determination whether, at the time of Agent Noll’s actions in June 2006, the law was clearly established. … Clearly Established The second part of the qualified immunity test requires us to determine whether, at the time of Agent Noll’s actions in June 2006, the law was clearly established.

Mark Enterprises Car Company, LLC v. Ali

Court of Appeals for the Ninth Circuit · Apr 28, 2026

Defendants are entitled to qualified immunity “unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was clearly established at the time.” … Qualified immunity applies unless the warrant was so facially deficient that reliance on it was objectively unreasonable under “clearly established” precedent. See Messerschmidt, 565 U.S. at 546 (cleaned up).

Miriam Mendiola-Martinez v. Joseph Arpaio

836 F.3d 1239 · Court of Appeals for the Ninth Circuit · Sep 12, 2016

Government officials are entitled to qualified immunity unless: (1) a plaintiff’s allegations make out a violation of a constitutional right; and (2) the right was clearly established at the time of the officials’ alleged … while in labor was not clearly established).

Sin v. Crystal Park Hotel Casino

77 F. App'x 433 · Court of Appeals for the Ninth Circuit · Oct 8, 2003

We must now inquire whether the constitutional right at issue is “clearly established.” Saucier, 533 U.S. at 202. Here, the district court reasoned: “Specific intent is an element of California Penal Code § 422. … The jury decided otherwise, and in so doing removed the underpinning for a challenge to the summary judgment on the basis of qualified immunity. AFFIRMED.

Kennedy v. City of Ridgefield

411 F.3d 1134 · Court of Appeals for the Ninth Circuit · Jun 23, 2005

of qualified immunity are permissible. … If Shields's conduct did not violate Plaintiff's clearly established constitutional rights, he is entitled to qualified immunity. We now turn to those questions. 29 B.

Heather Ewing v. City of Stockton

Court of Appeals for the Ninth Circuit · Dec 9, 2009

The Ewings do not establish that the unlawfulness of charging Heather with mur- der on the facts in question was clearly established. See Hope v. … [19] The Supreme Court has clearly stated that with respect to advising police, prosecutors are entitled to qualified not absolute immunity. Burns, 500 U.S. at 492-95.

State of Idaho v. Lon T. Horiuchi

215 F.3d 986 · Court of Appeals for the Ninth Circuit · Jun 14, 2000

With regard to Horiuchi’s claim for qualified immunity, this court stated: “[I]t is extremely doubtful ... that Horiuchi will ever be able to establish that he is entitled to qualified immunity for his conduct in shooting … The court also wrote, “[t]he Special Rules violated clearly established law and any reasonable law enforcement officer should have been aware of that fact.” Id. at 1202.

Tarantino v. Syputa

270 F. App'x 675 · Court of Appeals for the Ninth Circuit · Mar 20, 2008

Tarantino fails to “specifically and distinctly” controvert the district court’s conclusion that the inapplicability of the ordinance was not clearly established, however, so we affirm the police officers’ entitlement to … qualified immunity.

Los Angeles Police Protective League v. Gates

907 F.2d 879 · Court of Appeals for the Ninth Circuit · Sep 18, 1990

Qualified Immunity. 41 The individual appellants sought immunity from the imposition of liability for their involvement in the administrative search warrant. … Had the former been clearly established, then the latter probably would not have sufficed to protect the appellants from liability.

Troy Mattos v. Darren Agarano

Court of Appeals for the Ninth Circuit · Jan 12, 2010

a clearly established right. … In the absence of prece- dent, we may also “look to whatever decisional law is avail- able to ascertain whether the law is clearly established for qualified immunity purposes, including decisions of state courts, other circuits

Mcdade v. West

223 F.3d 1135 · Court of Appeals for the Ninth Circuit · Sep 15, 2000

immunity "because no clearly established law proscribed his actions, and he could have reasonably believed his conduct was lawful." … The test for qualified immunity is: (1) identification of the specific right being violated; (2) determination of whether the right was so clearly established as to alert a reasonable officer to its constitutional parameters

No. 87-2817

869 F.2d 1312 · Court of Appeals for the Ninth Circuit · Mar 10, 1989

Appellants argue that qualified immunity is not available because the functions performed were not discretionary and because the law prevailing at the time of the alleged violations clearly established that the Navy's actions … defendants to qualified immunity. 24 Here, there was no clearly established constitutional violation, because Campbell can seek compensation from the federal government in the Court of Claims, pursuant to the Tucker Act,

Chan v. Bay Area Air Quality Management District

2 F. App'x 861 · Court of Appeals for the Ninth Circuit · Jan 25, 2001

immunity. … The court denied the dismissal on the merits, as well as the dismissal of the individual defendants on grounds of qualified immunity.

Headwaters Forest Defense v. County of Humboldt

211 F.3d 1121 · Court of Appeals for the Ninth Circuit · May 4, 2000

Qualified Immunity “ ‘The doctrine of qualified immunity protects government officials performing discretionary functions ... from liability for civil damages insofar as their conduct does not violate clearly established … An officer is not entitled to qualified immunity on the grounds that the law is not clearly established every time a novel method is used to inflict injury. Id. at 1362 (internal quotation marks and citations omitted).