Case law
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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 timesPublished137 F. Supp. 3d 1233 · District Court, E.D. California · Oct 7, 2015
Qualified Immunity. … Accordingly, the Court skips the first step of the Saucier qualified immunity analysis. b. Defendants Did Not Violate Clearly Established Law.
Cited 6 timesPublishedDistrict Court, E.D. California · Jul 20, 2020
established law and is entitled to qualified immunity. 3 C. … has established a violation of his First Amendment rights, 20 defendant is entitled to qualified immunity because plaintiff’s alleged free speech rights were not 21 clearly established at the time of the May 21, 2017
Cited 0 timesUnknown766 F. Supp. 1529 · District Court, E.D. California · Jun 11, 1991
event to compel her to give up that clearly established right. … A defendant is entitled to a qualified immunity if: 1. the law allegedly violated was not clearly established (a legal issue); 2. assuming that the law was clearly established, a reasonable person in the same circumstances
Cited 4 timesPublishedDistrict Court, E.D. California · Feb 2, 2022
“Qualified immunity protects 7 government officials from civil damages ‘insofar as their conduct does not violate clearly 8 established statutory or constitutional rights of which a reasonable person would have known. … Ct. 2042, 2044 (2015) (“Qualified 11 immunity shields government officials from civil damages liability unless the official violated a 12 statutory or constitutional right that was clearly established at the time of the
Cited 0 timesUnknownChico Scrap Metal, Inc. v. Raphael
830 F. Supp. 2d 966 · District Court, E.D. California · Nov 23, 2011
The 11th Amendment does not bar this claim. c) Qualified Immunity Defendants finally argue that they are immune from suit in this instance because of qualified immunity. … The doctrine of qualified immunity shields public officials sued in their individual capacity from monetary damages, unless their conduct violates “clearly established” law that would be known to a reasonable public officer
Cited 3 timesPublishedDistrict Court, E.D. California · Jul 9, 2020
Qualified Immunity 26 Lastly, defendants argue that they are immune from liability under the doctrine of 27 qualified immunity. … Cal. 2010) (denying to dismiss complaint on 9 qualified immunity grounds because it could not be clearly determined on the face of complaint, 10 but declaring that the ground could be raised through summary judgment).
Cited 0 timesUnknownShelley v. County of San Joaquin
954 F. Supp. 2d 999 · District Court, E.D. California · Jun 27, 2013
of qualified immunity. … Qualified Immunity “The doctrine of 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
Cited 3 timesPublishedDistrict Court, E.D. California · Feb 7, 2024
Qualified immunity is a 25 question of law to be decided by the court. … Clearly Established Right 5 Still, qualified immunity applies if the violated 6 constitutional right was not clearly established.
Cited 0 timesUnknownDistrict Court, E.D. California · Oct 4, 2022
Qualified Immunity 20 The defense of qualified immunity protects “government officials ... from liability for 21 civil damages insofar as their conduct does not violate … based on qualified immunity is appropriate.
Cited 0 timesUnknownDistrict Court, E.D. California · Sep 30, 2019
Qualified Immunity 4 Qualified immunity shields government actors from civil liability under 42 U.S.C. 1983 if 5 “their conduct does not violate clearly established statutory … Prunty, 108 F.3d 251, 14 254-55 (9th Cir. 1997) (in qualified immunity context, finding no clearly established right to be 15 free from feigned karate chops towards inmate’s body, including groin area).
Cited 0 timesUnknownDistrict Court, E.D. California · Jan 2, 2024
Qualified Immunity 28 In the alternative, Defendants assert they are entitled to qualified immunity because there 1 is not clearly established case law that provided Defendants … ‘clearly established’ at the time of defendant's alleged 6 misconduct.”
Cited 0 timesUnknown696 F. Supp. 2d 1119 · District Court, E.D. California · Mar 31, 2010
immunity. 4 Specifically, the court held that these defendants were entitled to qualified immunity because it was not clearly established that the performance of MUAs by licensed chiropractors in California was legal. … In its December 24, 2009 order the court held that because it was not clearly established that the performance of MUAs was lawful, defendants Weydert and Coffey were entitled to qualified immunity on plaintiffs’ claims under
Cited 2 timesPublished134 F. Supp. 3d 1237 · District Court, E.D. California · Sep 28, 2015
Accordingly, the Court skips the first step of the Saucier qualified immunity analysis. b. Defendants Did Not Violate Clearly Established Law. … The second prong of the qualified immunity analysis requires the Court to determine whether the allegedly violated constitutional right was clearly established at the time that Defendants allegedly violated that right.
Reversed in part by Darnell Hines v. Ashrafe Youseff, 914 F.3d 1218 (2019)Cited 3 timesPublished61 F. Supp. 3d 960 · District Court, E.D. California · Nov 21, 2014
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 … . *971 The qualified immunity inquiry has two prongs: (1) “whether the facts that a plaintiff has ... shown ... make out a violation of a constitutional right,” and (2) “whether the right at issue was ‘clearly established
Cited 20 timesPublishedMedeiros v. Merced County Sheriff Deputy Clark
713 F. Supp. 2d 1043 · District Court, E.D. California · May 5, 2010
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 … Thus, Satterfield is not entitled to *1063 qualified immunity for these alleged acts, because they violated the plaintiffs’ clearly established constitutional rights. Id. at 1005-1007. See also Bretz v.
Cited 6 timesPublished258 F.R.D. 626 · District Court, E.D. California · Jul 29, 2009
immunity because the violation was not “clearly established.” cf. … Turning to the two factors for qualified immunity identified in Saucier the court on this issue will first inquire into whether the right was “clearly established.”
Cited 10 timesPublished789 F. Supp. 1512 · District Court, E.D. California · May 4, 1992
If the plaintiff fails to state with specificity a “claim of a violation of a clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.” Mitchell v. … not, was the absence of probable cause so clear as to constitute a violation of a clearly established constitutional right) under the law as it existed at the time?
Cited 5 timesPublishedC.B. v. Sonora School District
691 F. Supp. 2d 1123 · District Court, E.D. California · Sep 22, 2009
Qualified Immunity. … 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 24 timesPublished655 F. Supp. 2d 1109 · District Court, E.D. California · Nov 18, 2009
Defendant Noriega is entitled to qualified immunity because the law concerning when weapon confusion would violate the Fourth Amendment was not clearly established at the time of the October 27, 2002 shooting. … “The doctrine of 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
Cited 8 timesPublished
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