Case law

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  • Victoria Green v. Greg Rodriguez, Michael Pallares

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

    Additionally, Defendants argue Pallares is entitled to qualified immunity on this 13 claim because “it was not clearly established that a warden could violate the Eighth Amendment’s 14 prohibition against excessive force … As with the previous claim, Defendants argue 23 Pallares is entitled to qualified immunity because “it is not clearly established that convicted 24 inmates can state a ‘bodily integrity’ claim under the Fourteenth Amendment

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  • (PC) Solomon v. Sheldon

    District Court, E.D. California · Mar 2, 2020

    Government officials enjoy qualified immunity 21 from civil damages unless their conduct violates “clearly established statutory or constitutional 22 rights of which a reasonable person would have known.” Harlow v. … As discussed 3 | above in section (A)(2)(i), plaintiffs allegations, as pled, clearly establish a right barring 4 | qualified immunity.

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  • Guzman

    District Court, E.D. California · Oct 17, 2025

    established at the relevant time that any defendant 1 | could be liable for violating a term of the IAD where charges were dismissed, defendants are 2 || protected by qualified immunity. … Katz, 533 U.S. 194, 201 (2001) (government officials 3 || enjoy qualified immunity from civil damages unless their conduct violates clearly established 4 || statutory or constitutional rights of which a reasonable person

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  • (PC) Wilbanks v. Tappen

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

    Legal Standard for Qualified Immunity 6 “The doctrine of qualified immunity protects government officials ‘from liability for civil 7 damages insofar as their conduct does not violate clearly … Qualified Immunity 17 Though defendant argued that he is entitled to qualified immunity, plaintiff did not 18 address the issue of qualified immunity in plaintiff’s declaration

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  • (PC) Bennett v. Burton

    District Court, E.D. California · Mar 8, 2024

    “Where a defendant presents a qualified immunity defense in a Rule 12(b)(6) motion, 3 ‘dismissal is not appropriate unless we can determine, based on the complaint itself, that qualified 4 immunity applies.’” … Dec. 15, 8 | 2020) (‘denying qualified immunity to prison officials because inmates had “a clearly established 9 || constitutional right to protection from a heightened exposure to COVID-19, despite the novelty of 10

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  • Novak

    District Court, E.D. California · Jan 20, 2026

    As whether the officers violated Novak’s constitutional rights is a part of the qualified 25 immunity analysis, the Court turns to the qualified immunity issue. … Qualified immunity shields 26 “government officials ‘from liability for civil damages insofar as their conduct does not violate 27 clearly established statutory or constitutional rights of which a reasonable person would

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  • (PC) Davis v. Harris

    District Court, E.D. California · Feb 25, 2022

    Qualified Immunity 12 Defendants also claim that they are entitled to qualified immunity. ECF No. 30 at 13. … Accordingly, I find that defendants are not entitled to qualified 7 | immunity on plaintiff's claim of deliberate indifference. 8 Harris argues that he is entitled to qualified immunity on plaintiffs retaliation

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  • (PC) Guillory v. Bhutia

    District Court, E.D. California · Mar 11, 2025

    Iqbal, 556 U.S. at 675. 3 The doctrine of qualified immunity “protects government officials from ‘liability for civil 4 damages insofar as their conduct does not violate clearly established statutory or … Qualified Immunity 16 Dr.

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  • Mann v. City of Sacramento

    District Court, E.D. California · Feb 24, 2021

    conduct violated “clearly established” 20 federal law. … 8 The only argument defendants offer as to why Officers 9 Tennis and Lozoya are entitled to qualified immunity is that the 10 plaintiffs did not possess a “clearly established” right to

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  • Jason Thor Leonard v. California State Prison Sacramento, et al.

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

    Qualified Immunity 2 A district court need not discuss qualified immunity where there is no genuine dispute as 3 to whether defendants violated plaintiff’s constitutional … However, the undersigned will briefly address qualified 5 immunity to explain that, even if defendant’s subjective awareness was a triable issue, the right 6 allegedly implicated was likely not clearly established.

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  • (PC) Khademi v. Langes

    District Court, E.D. California · Apr 22, 2020

    More specifically, defendant argues that he is 6 entitled to qualified immunity. Id. at 5. … violated a clearly established right. 26 Anderson v.

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  • Brown v. Diaz

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

    Ct. 500, 503 (2019) (per curium) 13 | (assuming without deciding that a court of appeals decision may constitute clearly established law 14 | for purposes of qualified immunity) (citing Sheehan, 135 S. … Holloway, 510 U.S. 510, 514–16 (1994) (holding appellate court must review qualified 14 immunity judgment de novo and resolve whether federal right was clearly established in light of 15 its “full knowledge of its own

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  • (PC) Perkins v. Holmes

    District Court, E.D. California · Jun 12, 2025

    Qualified Immunity 12 “Qualified immunity balances two important interests—the need to hold public officials 13 accountable when they exercise power irresponsibly and … Construing Plaintiff's allegations as true, the RAP defendants 4 || would not be entitled to qualified immunity. 5 Accordingly, dismissal is not warranted at this stage based on qualified immunity. 6 || V.

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  • (PC) Reed v. Prado

    District Court, E.D. California · Jun 10, 2025

    QUALIFIED IMMUNITY 2 Defendants also contend that they are entitled to qualified immunity. (ECF Nos. 18-1 at 3 17-20; 31 at 8-10.) … Plaintiff did not address 9 qualified immunity or cite any cases.

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  • Dagdagan v. City of Vallejo

    263 F.R.D. 632 · District Court, E.D. California · Dec 15, 2009

    An individual who clenches his fists near his waist but does not swing or strike at an officer, would that person qualify under the definition of passive resister? … Pittsburgh-Des Moines Steel Co., 6 F.R.D. 594 (W.D.Pa.1947). 4 Finally, even retained experts, much less employees of the entity defendant, are immune from Rule 26 expert inquiry if they have not been designated by a party

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  • (PC) Jackson v. Marley

    District Court, E.D. California · Nov 26, 2024

    immunity on Plaintiff’s Sixth Amendment and Fourteenth 11 Amendment claims because they did not violate any of Plaintiff’s clearly established rights. … The plaintiff bears the burden of establishing that the right alleged 4 was clearly established. Moran v.

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  • (PC) Penton v. Hubard

    District Court, E.D. California · Apr 14, 2020

    immunity for Defendant 15 Lynch on the basis that there was no caselaw as of June 2008 identifying a “clearly established 16 right” relating to comments about grievances, and the Findings and Recommendations’ reliance … Sept. 25, 2007), aff’d in part and rev’d in part, 584 F.3d 1262 (9th Cir. 28 2009). 1 Such a comment would infringe upon Plaintiff’s clearly established right

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  • Mitchell v. Andrews

    235 F. Supp. 2d 1085 · District Court, E.D. California · Mar 29, 2001

    Crabtree, supra, 100 F.3d at 665 (“[t]he Bureau’s endowment of broad discretion does not immunize its decisions from judicial review.... ”). … To this end, the BOP adopted Program Statement 5330.10 which states that to qualify for the RDAP an inmate must be diagnosed according to the DSM-IV.

    Cited 5 timesPublished
  • State of CA v. Del Rosa

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

    The judge-made doctrine of qualified 22 immunity creates “an immunity from suit rather than a mere defense to liability,” and as 23 interpreted by the Supreme Court, qualified immunity “is effectively lost if a case is … But qualified immunity must be pled as a defense, and decided upon 20 by a district court before defendants can appeal. Behrens v.

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  • Totton v. City of Sacramento

    District Court, E.D. California · Sep 22, 2022

    Qualified Immunity 7 Qualified immunity shields officials from civil liability where a reasonable officer would 8 not have known that his conduct violated a clearly established … As such, Defendants are not entitled to qualified 21 immunity.4 See Longoria v.

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