Case law

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  • Harper v. City of Merced

    District Court, E.D. California · Jan 16, 2020

    “[O]fficers are entitled to 19 qualified immunity under § 1983 unless (1) they violated a federal statutory or constitutional right, and 20 (2) the unlawfulness of their conduct was ‘clearly established at the time. … Consistent with the policy to resolve “[qualified] immunity questions 5 at the earliest possible stage in litigation,” Pearson, 555 U.S. at 232, the Court finds that Officer 6 McKinnon is entitled to qualified immunity

    Cited 0 timesUnknown
  • Houston v. City of Fairfield

    District Court, E.D. California · Nov 21, 2024

    Qualified Immunity 21 Because Defendants raise the defense of qualified immunity, 22 Def.’s Mot. for Summary Judgment at 23, Plaintiff Houston must 23 demonstrate … The Court finds that Officers are 9 not entitled to qualified immunity on this claim. 10 Because “a plaintiff must establish the integral 11 participation of the officers

    Cited 0 timesUnknown
  • (PC) Gleason v. Gallegos

    District Court, E.D. California · Jan 9, 2020

    (Id.). 5 Moreover, even if the oral statements were protected, Defendant is entitled to qualified 6 immunity because “[i]t was not clearly established at the time (in early 2017) that such oral … Qualified Immunity 7 “The doctrine of qualified immunity protects government officials ‘from liability for 8 civil damages insofar as their conduct does not violate clearly established

    Cited 0 timesUnknown
  • (PC) Shannon v. CDCR

    District Court, E.D. California · Feb 21, 2024

    Government officials enjoy qualified immunity from civil damages unless their conduct 12 violates “clearly established statutory or constitutional rights of which a reasonable person would 13 have known.” Harlow v. … However, whether a law is clearly established for purposes of qualified 5 immunity is based on the law at it existed at the time of the alleged violation, here sometime prior 6 to 2017 when the case was filed.

    Cited 0 timesUnknown
  • (PC) Hunter v. Brenneman

    District Court, E.D. California · Aug 28, 2024

    Qualified Immunity 9 Defendants assert they are entitled to summary judgment pursuant to the “qualified 10 immunity” doctrine. … “Government officials enjoy qualified immunity from civil damages unless 11 their conduct violates ‘clearly established statutory or constitutional rights of which a reasonable 12 person would have known.’”

    Cited 0 timesUnknown
  • (PC) Jones v. Sherman

    District Court, E.D. California · Mar 11, 2022

    Qualified Immunity 2 “The doctrine of qualified immunity protects government officials ‘from liability for 3 civil damages insofar as their conduct does not violate clearly established … Defendants argue that they are entitled to qualified immunity 5 because Plaintiff cannot establish that Defendants violated a clearly established right. 6 Defendants argue that “neither binding precedent nor a robust

    Cited 0 timesUnknown
  • (PC) Brummett v. Martinez

    District Court, E.D. California · Sep 6, 2023

    Legal Standard 20 The doctrine of qualified immunity protects government officials from civil liability 21 where “their conduct does not violate clearly established statutory … (emphasis removed). 7 Defendant may nevertheless be entitled to qualified immunity if the right at issue was not 8 “clearly established at the time of the challenged conduct.

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  • (PC) Estrada v. California Correctional Institution

    District Court, E.D. California · May 28, 2020

    Qualified Immunity 23 Defendants Bounville and Sullivan are they are entitled to qualified immunity on Plaintiff’s 24 Eighth Amendment deliberate indifference claim because … “But on the other 7 hand, defendants are entitled to qualified immunity so long as ‘their conduct does not violate clearly 8 established statutory or constitutional rights of which a reasonable person would have known

    Cited 0 timesUnknown
  • (PC) Gates v. Sergent

    District Court, E.D. California · Jul 25, 2025

    Legal Standard for Qualified Immunity 23 “The doctrine of qualified immunity protects government officials ‘from liability for civil 24 damages insofar as their conduct does not violate clearly … violate clearly established law. 24 Defs.

    Cited 0 timesUnknown
  • (PC) Anderson v. Kernan

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

    Qualified Immunity 13 In the alternative, Defendant asserts that he is entitled to qualified immunity … immunity.”

    Cited 0 timesUnknown
  • Jones v. Vallejo

    District Court, E.D. California · May 14, 2024

    Qualified Immunity 25 Defendant Murphy argues that he is entitled to 26 qualified immunity. … “‘The doctrine of qualified immunity 27 protects government officials from liability for civil damages 28 insofar as their conduct does not violate clearly established 1 [federal] statutory

    Cited 0 timesUnknown
  • Diaz

    District Court, E.D. California · Jul 1, 2026

    them to qualified immunity.” … immunity as they did not violate clearly established law.

    Cited 0 timesUnknown
  • Simmons v. California, Department of Industrial Relations, Division of Labor Standards Enforcement

    740 F. Supp. 781 · District Court, E.D. California · Jun 20, 1990

    The puzzle may be resolved by either viewing the Eleventh Amendment as an embodiment of a constitutional principle of sovereign immunity, see Welch v. … Of course, Congress may override Eleventh Amendment immunity when implementing the provisions of the Fourteenth Amendment, see Atascadero State Hosp. v.

    Overruled on other grounds by a later decision, 68 F.3d 331 (1995)Cited 23 timesPublished
  • Solares v. Burns

    District Court, E.D. California · Mar 28, 2024

    He only contends that the right was not “clearly established” for purposes of qualified immunity, which the Court discusses infra. … Burnes 2 asserts he is entitled to qualified immunity because the allegations do not show that his conduct 3 violated a clearly established right. (See Doc. 22-1 at 8.)

    Cited 0 timesUnknown
  • (PC) Ben-Binyamin v. Benavidez

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

    Third and finally, defendants argue that they are entitled 8 to qualified immunity because the right to wear a Tallit “in a manner and at all times of [a] 9 prisoner’s choosing” was not clearly established at the time … A defendant is entitled to 14 qualified immunity “unless a plaintiff pleads facts showing (1) that the official violated a 15 statutory or constitutional right, and (2) that the right was “clearly established” at the

    Cited 0 timesUnknown
  • (PC) Hernandez v. Covello

    District Court, E.D. California · Feb 15, 2024

    Qualified Immunity 17 The defense of qualified immunity protects government officials from liability for civil 18 damages as long as their conduct does not violate clearly … California, 251 F.3d 844, 851 (9th Cir. 2001)). 4 The first step when evaluating a qualified immunity defense is to inquire if there is a 5 clearly established constitutional right. Saucier v.

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  • (PC) Bradford v. Usher

    District Court, E.D. California · Apr 15, 2020

    Qualified Immunity 11 The doctrine of qualified immunity protects government officials from civil liability 12 where “their conduct does not violate clearly established … Whether the Law Was Clearly Established 15 Defendants argue that they are entitled to qualified immunity based on the finding that 16 there was no clearly established right to be free from

    Cited 0 timesUnknown
  • Lipsey

    District Court, E.D. California · Dec 5, 2025

    Additionally, Pallares argues he is entitled to qualified 1 immunity on this claim because “it was not clearly established that asking an inmate for a sexual 2 favor or threatening an inmate, unaccompanied by any allegations … As with the previous claim, Defendant 10 argues he is entitled to qualified immunity because “it is not clearly established that convicted 11 inmates can state a ‘bodily integrity’ claim under the Fourteenth Amendment

    Cited 0 timesUnknown
  • Scott v. SOLANO COUNTY HEALTH AND SOCIAL SERVICES DEPARTMENT

    459 F. Supp. 2d 959 · District Court, E.D. California · Sep 5, 2006

    She contends that when she complained of race discrimination because “she was more qualified than the person’s [sic] hired,” she “became a target of retaliation.” Id. … Defendants do not claim that plaintiff failed to exhaust an established remedy. Thus, this is not a ground to dismiss.

    Cited 10 timesPublished
  • (PC) Fratus v. Dayson

    District Court, E.D. California · Feb 27, 2025

    Qualified Immunity 19 “In § 1983 actions, qualified immunity protects government officials from liability for 20 civil damages insofar as their conduct does not violate clearly … In resolving questions of qualified immunity at summary judgment, courts engage in a 24 two-pronged inquiry.

    Cited 0 timesUnknown

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