Case law

Jones v. Price

District Court, E.D. California · Jun 1, 2022

Qualified Immunity 24 Qualified immunity protects public officials from a court action unless their conduct 25 violated a constitutional right that was “clearly established … It is the Plaintiff’s burden to establish that the law 16 was “clearly established.”

Neveu v. City of Fresno

392 F. Supp. 2d 1159 · District Court, E.D. California · Jul 15, 2005

Individuals are not immune under the doctrine of qualified immunity if they violated “clearly established statutory or constitutional rights of which a reasonable person would have known.” 6 Harlow v. … “To determine whether qualified immunity is appropriate, a court must identify the specific right allegedly violated and determine whether that right was so clearly established as to alert a reasonable officer to its constitutional

Roe Ex Rel. Callahan v. Gustine Unified School District

678 F. Supp. 2d 1008 · District Court, E.D. California · Dec 22, 2009

However, 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 statutory or … In analyzing a claim of qualified immunity, there are two inquiries: “First, we inquire whether, taken in the light most favorable to the party asserting the injury, that party has established a violation of a federal right

Morales v. City of Delano

852 F. Supp. 2d 1253 · District Court, E.D. California · Feb 14, 2012

from liability by qualified immunity. … “Qualified immunity can shield government officials from individual civil liability where their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known

Knowles v. CITY OF BENICIA

785 F. Supp. 2d 936 · District Court, E.D. California · Mar 25, 2011

Qualified Immunity Hartig did not formally move for summary judgment on his defense of qualified immunity, but he opposes the instant motion in part on qualified immunity grounds. … established in 2003 and the officers are not entitled to qualified immunity on the basis of that exception.

Atayde v. Napa State Hospital

255 F. Supp. 3d 978 · District Court, E.D. California · May 25, 2017

Qualified Immunity The state defendants additionally argue that defendants White and Matteuc-ci are entitled to qualified immunity from plaintiffs § 1983 deliberate indifference claims. (Doc. No. 78-1 at 20-21.) … Government officials enjoy qualified-immunity from civil damages unless their conduct violates clearly established statutory or constitutional rights. See Jeffers v.

(PC) Penton v. Hubard

District Court, E.D. California · Feb 10, 2022

The court turns now to the issue of qualified immunity. 17 III. Qualified Immunity 18 A. … Mohammed is not persuasive authority for finding the law 3 was clearly established, and fails to demonstrate defendant is not entitled to qualified immunity. 4 (ECF No. 237 at 7), citing Mohammed, No. 3:05-cv-3430

Cabral v. County of Glenn

624 F. Supp. 2d 1184 · District Court, E.D. California · Mar 19, 2009

Officer Dahl’s Qualified Immunity Defense However, “[t]he doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory … Whether a right is clearly established must be undertaken in light of the specific context of the case, not as a broad general proposition.

Estate of Abdollahi Ex Rel. Abdollahi v. County of Sacramento

405 F. Supp. 2d 1194 · District Court, E.D. California · Dec 15, 2005

An officer can establish qualified immunity by demonstrating (1) that the law governing her conduct was not clearly established at the time of the challenged actions, or (2) that under the clearly established law, she could … The question of immunity generally is not one for the jury. Qualified immunity “ ‘is an immunity from suit rather than a mere defense to liability’....

Atkinson v. County of Tulare

790 F. Supp. 2d 1188 · District Court, E.D. California · May 18, 2011

immunity shields 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.” … The qualified immunity inquiry has two prongs: (1) “whether the facts that a plaintiff has alleged ... or shown ... make out a violation of a constitutional right,” and (2) “whether the right at issue was clearly established

Stewart v. Pecsi

District Court, E.D. California · Sep 30, 2022

Qualified Immunity 21 Defendants argue Sergeant Pecsi and Deputy Johannes are entitled to qualified immunity 22 because they did not violate clearly established law. … (ECF No. 33 at 12–13.) 24 Qualified immunity “protects government officials from liability for civil damages insofar 25 as their conduct does not violate clearly established statutory or constitutional

C.B. v. Sonora School District

819 F. Supp. 2d 1032 · District Court, E.D. California · Sep 30, 2011

Qualified immunity shields 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 … immunity analysis is whether the right was “clearly established” on the date of the incident.

Dean v. City of Fresno

546 F. Supp. 2d 798 · District Court, E.D. California · Feb 12, 2008

FEDERAL QUALIFIED IMMUNITY 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 … If the officer could have reasonably, but mistakenly, believed that his conduct did not violate a clearly established constitutional right, then the officer will receive qualified immunity.

Ayala v. KC Environmental Health

426 F. Supp. 2d 1070 · District Court, E.D. California · May 8, 2006

Qualified immunity protects section 1983 defendants “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 … Qualified immunity “turn[s] primarily on objective factors”: “Reliance on the objective reasonableness of an official’s conduct, as measured by reference to clearly established law, should avoid excessive disruption of government

Boarman v. County of Sacramento

55 F. Supp. 3d 1271 · District Court, E.D. California · Oct 21, 2014

Qualified Immunity Law enforcement officers are shielded from suit unless their conduct violates “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Under the second prong, the court determines whether the constitutional right was “clearly established.” Saucier, 533 U.S. at 201, 121 S.Ct. 2151 .

Gregory v. City of Vallejo

63 F. Supp. 3d 1171 · District Court, E.D. California · Oct 28, 2014

Calhoun’s entitlement to qualified immunity (id. at 18-19). … Qualified Immunity Defendants argue Officer Calhoun is entitled to qualified immunity because plaintiffs cannot show their Fourth Amendment rights were clearly established at the time of the shooting. (Defs.’

Portnoy v. City of Davis

663 F. Supp. 2d 949 · District Court, E.D. California · Oct 9, 2009

Qualified Immunity Defendants argue that they are entitled to qualified immunity. … Therefore, qualified immunity is not available to award judgment in favor of defendants. *961 D.

Lum v. County of San Joaquin

756 F. Supp. 2d 1243 · District Court, E.D. California · Nov 18, 2010

In the absence of a clearly established special relationship, the court should apply the multi-factor public policy analysis first articulated in Rowland v. … Collins is clearly distinguishable, addressing as it does the question of hiring and firing. In any event, here plaintiffs rely on long-standing practice to establish authority, a matter not addressed by Collins . 4 .

Nelson v. City of Davis

709 F. Supp. 2d 978 · District Court, E.D. California · Apr 29, 2010

Qualified Immunity The qualified immunity doctrine shields public officials liability for the performance of their discretionary functions unless the official violates a clearly established constitutional norm of which a … The dispositive question therefore becomes whether the right abridged by that violation was “clearly established.”

(PC) Davis v. Akabike

District Court, E.D. California · Oct 27, 2021

Qualified Immunity 14 Government officials enjoy qualified immunity from damages5 unless their conduct 15 violates “clearly established statutory or constitutional rights … qu alified immunity because Plaintiff cannot show 28 a violation of a constitutional right that was clearly established.