Case law

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  • (PC) Shepard v. Borum

    District Court, E.D. California · Jul 13, 2021

    No. 67 23 at 24). 24 Qualified immunity shields government officials from money damages unless their 25 conduct violated “clearly established statutory … Rowland, 65 F.3d 802, 806 & n.4 (9th Cir. 1995) (“The 20 prohibition against retaliatory punishment [for filing prison grievances] is ‘clearly established 21 law’ in the Ninth Circuit, for qualified immunity purposes.

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  • (PC) Dawson v. Lynch

    District Court, E.D. California · Aug 19, 2022

    It is unclear from the allegations 19 that plaintiff qualifies for a medical order for single-cell status and, regardless, the complaint 20 establishes that custody staff has determined that plaintiff qualifies for single-cell … Robinson, 817 F.3d 1162, 1169 (9th Cir. 2016) (statutory 27 language permits sua sponte, pre-service dismissal on grounds of qualified immunity as well as 28 absolute immunity).

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  • (PC) Gordon v. Cooper

    District Court, E.D. California · May 1, 2025

    Spencer, 336 F.3d 832, 835 (9th Cir. 2003), did not clearly establish a constitutional 1 right to privacy in juvenile records); A.C. v. Cortez, 398 F. Supp. 3d 748, 752 (S.D. … App’x 811, 812 (9th Cir. 2013) (holding social workers entitled to qualified 4 immunity because there was no clearly established constitutional “right to privacy” for juvenile 5 records even when disclosed to third parties

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  • Pittsley

    District Court, E.D. California · Oct 1, 2025

    of showing that the 27 rights allegedly violated were ‘clearly established.’” … constitutes an Eighth Amendment violation, defendant is entitled 12 to qualified immunity. 13 Qualified immunity protects “all but the plainly 14 incompetent or those who knowingly

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  • (PC) Melendez v. Diaz

    District Court, E.D. California · Jul 2, 2024

    The law is also “clearly established” for the purposes of qualified immunity 17 if “every reasonable official would have understood that what he is doing violates th[e] right” at 18 issue. Taylor v. … In other words, the correctional 16 officer was entitled to qualified immunity if there was no clearly established right to properly 17 conducted security checks.

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  • (PC) Williams v. Pilkerten

    District Court, E.D. California · May 13, 2020

    Qualified 19 immunity shields government officials from civil damages unless their conduct violates “clearly 20 established statutory or constitutional rights of which a reasonable person would have known.” 21 Harlow … right, and if so, whether 28 the right was clearly established.

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  • (PC) Arrant v. Santoro

    District Court, E.D. California · Nov 25, 2024

    Qualified Immunity 26 The defense of qualified immunity protects “government officials ... from liability for civil 27 damages insofar as their conduct does not violate clearly … A court considering a 5 claim of qualified immunity must determine whether the plaintiff has alleged the deprivation of 6 an actual constitutional right and whether such a right was clearly established such that it would

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  • Apothio, LLC v. Kern County

    District Court, E.D. California · Mar 27, 2023

    immunity. … that was clearly established at the time of Defendant’s alleged 14 misconduct).

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  • (PC) King v. Biter

    District Court, E.D. California · Feb 4, 2021

    Qualified Immunity 5 Qualified immunity applies when an official's conduct does not violate clearly established 6 statutory or constitutional rights of which a reasonable … City of 17 Roseville, 882 F.3d 843, 856-57 (9th Cir. 2018) (noting that Ninth Circuit precedent is sufficient to 18 meet the “clearly established” prong of qualified immunity); Hamby v.

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  • McCoy v. City of Vallejo

    District Court, E.D. California · Jun 29, 2021

    See Mot. at 17–18. 1 Qualified immunity “protects government officials from liability 2 for civil damages insofar as their conduct does not violate 3 clearly established statutory or constitutional … actions, 18 as clearly established law).

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  • Cunningham v. Kramer

    178 F. Supp. 3d 999 · District Court, E.D. California · Apr 15, 2016

    The doctrine of qualified immunity protects government officials from civil liability where “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … O’Neill held that,'under circumstances substantially identical to those asserted here, Defendants are entitled to qualified immunity on the ground that law was not “clearly established” that inmates have a constitution right

    Cited 14 timesPublished
  • Montelongo v. City of Modesto

    District Court, E.D. California · Jun 15, 2021

    Qualified Immunity 22 Qualified immunity shields officials from civil liability where a reasonable officer would 23 not have known that his conduct violated a clearly established right. … established law.”). 24 Officer Wallace is not entitled to summary judgment based on qualified immunity 25 because, as established previously, there is a material issue of fact as to whether Officer Wallace 26

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  • (PC) Trehearne v. Huggett

    District Court, E.D. California · Feb 19, 2025

    1 parole revocation acts like a police officer applying for an arrest warrant and is therefore entitled 2 to qualified immunity); Thornton v. … arising from the duty to supervise parolees is 9 covered by qualified immunity[.]”). 10 Plaintiff’s allegations in both claims two and three that he has been arrested and returned

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  • (PC) Calloway v. Nieves

    District Court, E.D. California · Jun 21, 2022

    Lastly, defendants contend that they are entitled to 14 qualified immunity because their conduct did not violate clearly established federal law. … Qualified Immunity 22 “Government officials enjoy qualified immunity from civil damages unless their conduct 23 violates ‘clearly established statutory or constitutional rights

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  • Dagdagan v. City of Vallejo

    682 F. Supp. 2d 1100 · District Court, E.D. California · Jan 7, 2010

    A right is clearly established if a reasonable official would understand that what he is doing violates that right. If the right is not clearly established, then the officer is entitled to qualified immunity. … Defendants’ Motion for Qualified Immunity Each Defendant argues even if his actions violated Plaintiffs Fourth Amendment rights, the defense of qualified immunity shields him from liability. 4 The qualified immunity analysis

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  • (PC) Castellano v. Shrum

    District Court, E.D. California · Jul 17, 2023

    Legal Standard – Qualified Immunity 13 Government officials enjoy qualified immunity from civil damages unless their conduct 14 violates clearly established statutory or constitutional rights … Ramirez–Palmer, 25 301 F.3d 1043, 1053 (9th Cir. 2002). 26 “For the second step in the qualified immunity analysis—whether the constitutional right 27 was clearly established at

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  • Jimenez v. City of Sacramento

    District Court, E.D. California · May 8, 2025

    The Officers Are Not Entitled to Qualified Immunity. 5 Defendants also argue that they are entitled to qualified immunity. … “For purposes of qualified 22 immunity's clearly established prong, there does not have to be a case directly on 23 point.” D'Braunstein v. Cal.

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  • (PC) Anderson v. Becerra

    District Court, E.D. California · Jan 17, 2020

    Harris, 935 F.3d 670, 675-76 (9th Cir. 2019) (stating that dismissal on 25 immunity grounds may qualify as a strike for failure to state a claim where the immunity defense 26 is clear on the face of the complaint); Washington … the face of the complaint, and 3 the entirety of the complaint is dismissed for a qualifying reason under the PLRA[]”).

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  • Anselmo v. County of Shasta

    873 F. Supp. 2d 1247 · District Court, E.D. California · Jun 8, 2012

    “[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 should have … If a right is clearly established, a public official is granted qualified immunity only if a reasonable official would not have known that his conduct violated the clearly established right. See id.

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  • C.B. v. Sonora School District

    691 F. Supp. 2d 1170 · District Court, E.D. California · Mar 8, 2010

    Qualified Immunity. Defendants move to dismiss the Eighth Cause' of Action on the ground that the individual defendants are entitled to qualified immunity from liability for damages under Section 1983. … Qualified immunity serves to shield 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

    Cited 25 timesPublished

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