Case law
Opinions from 1658 to today.
6,306 results
2.18s
610 F. Supp. 2d 1129 · District Court, E.D. California · Apr 8, 2009
Harris has moved for summary judgment on the grounds of 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 a reasonable person
Cited 30 timesPublishedDistrict Court, E.D. California · Jul 31, 2020
“The second prong of the qualified-immunity analysis asks 18 whether the right in question was ‘clearly established’ at the time of the violation.” Id. at 656 (citation 19 omitted). … Callahan, 555 U.S. 223, 236 (2009). 22 Under the second prong of the qualified immunity analysis, the question is whether the right in 23 question was clearly established at the time of the violation.
Cited 0 timesUnknownClub One Casino, Inc. v. U.S. Dep't of the Interior
328 F. Supp. 3d 1033 · District Court, E.D. California · Jul 13, 2018
The doctrine may be employed only "when a mistake of the administrative body is one that clearly had no bearing on the procedure used or the substance of decision reached." Buschmann v. … The Hotel Employees court explained that the waiver of immunity was designed to give effect to IGRA's remedial framework, 25 U.S.C. § 2710 (d)(7).
Cited 3 timesPublishedDistrict Court, E.D. California · Mar 20, 2026
sued in his individual capacity, he enjoys qualified immunity for 4 civil damages if “their conduct does not violate clearly established statutory or constitutional 5 rights of which a reasonable person would have known … right was “clearly established” as of the infringement.
Cited 0 timesUnknownDistrict Court, E.D. California · May 28, 2020
Qualified Immunity 14 Defendants argue that, with respect to the alleged Fourteenth Amendment violations, 15 defendant White is shielded by qualified immunity. … would not have known that his conduct violated a clearly established right. 20 Anderson v.
Cited 0 timesUnknownD.K. Ex Rel. G.M. v. Solano County Office of Education
667 F. Supp. 2d 1184 · District Court, E.D. California · Oct 5, 2009
As to the second prerequisite for establishing disability discrimination, in order to be “qualified,” a person must “with or without reasonable modifications to rules, policies or practices ... meet[ ] the essential eligibility … However, as to Parent Plaintiff GM, DK’s Government Claim clearly lists that such claim was being brought by GM “on behalf of herself.” (RJN Ex. A 1.)
Cited 26 timesPublishedDistrict Court, E.D. California · Dec 6, 2024
First, an exoneration of the deputies by way of qualified 16 immunity would not automatically preclude the County’s liability under Plaintiff’s Monell 17 theories. See Fairley, 281 F.3d at 917. … In that circumstance, Plaintiff may still succeed on 18 showing a constitutional deprivation for which the individual deputy Defendants are shielded by 19 qualified immunity — but not the municipality under Monell.
Cited 0 timesUnknownDistrict Court, E.D. California · Feb 17, 2021
Officers are entitled to qualified immunity under § 1983 21 unless (1) the officers violate a federal statutory or constitutional right, and (2) the unlawfulness 22 of their conduct was “clearly established at the time … City of Roseville, 882 F.3d 843, 856-57 3 (9th Cir. 2018) (noting that Ninth Circuit precedent is sufficient to meet the “clearly established” 4 prong of qualified immunity); Hamby v.
Cited 0 timesUnknownCounty of Madera v. Picayune Rancheria of the Chukchansi Indians
467 F. Supp. 2d 993 · District Court, E.D. California · Dec 18, 2006
However, the Court lacks jurisdiction because the face of the complaint shows that no federal causes of action are pled and the Supreme Court, in a case that postdates Oneida, Santa Rosa, and Cabazon, has clearly held that … tribal immunity is a defense and is no basis for finding a federal question.
Cited 2 timesPublishedDistrict Court, E.D. California · Jan 15, 2021
to qualified immunity. … (Mot. 5-7.) 6 The doctrine of qualified immunity protects government officials from civil liability 7 where “their conduct does not violate clearly established statutory or constitutional rights of 8 which
Cited 0 timesUnknownDistrict Court, E.D. California · Oct 13, 2021
Qualified Immunity 7 “Government officials enjoy qualified immunity from civil damages unless their conduct 8 violates ‘clearly established statutory or constitutional rights … Pearson, 555 U.S. at 236-42. 23 “[S]ummary judgment based on qualified immunity is improper if, under the plaintiff’s 24 version of the facts, and in light of the clearly established
Cited 0 timesUnknownDistrict Court, E.D. California · Oct 12, 2022
of the legal rules that were clearly established at the time it was taken.” 3 Anderson v. … Qualified immunity is a question of law, not a question of fact.
Cited 0 timesUnknown(PC) Gregory E. Shehee (Civil Detainee) v. Redding
District Court, E.D. California · Jun 30, 2020
“The second prong of the qualified-immunity analysis 18 asks whether the right in question was ‘clearly established’ at the time of the violation.” Id. at 656 19 (citation omitted). … Callahan, 555 U.S. 223, 22 236 (2009). 23 In analyzing the second prong of qualified immunity, the Court notes that clearly established 24 law must be defined
Cited 0 timesUnknownDistrict Court, E.D. California · Nov 8, 2021
In addition, the findings and recommendations found the defendants are not entitled to 12 summary judgment on qualified immunity grounds in this case because it was clearly established 13 law that “delays in medical treatment … immunity based on their alleged violations of a clearly 13 established right.
Cited 0 timesUnknownDistrict Court, E.D. California · Dec 16, 2024
Duarte, 108 F.4th 786 (9th Cir. 2024). 3 Here, critically, even if the en banc court were to endorse the prior panel’s view, 4 defendants would be entitled to qualified immunity because, at the time they confiscated … City of Fresno, 936 F.3d 937, 940 (9th Cir. 2019) (For purposes of qualified 7 immunity, “[a] defendant violates an individual’s clearly established rights only when ‘the state 8 of the law’ at the time of an incident
Cited 0 timesUnknownDistrict Court, E.D. California · Aug 24, 2021
Qualified Immunity 18 The doctrine of qualified immunity protects government officials from civil liability 19 where “their conduct does not violate clearly established statutory … at hand.” 2 Pearson, 555 U.S. at 236. 3 “For the second step in the qualified immunity analysis—whether the constitutional right 4 was clearly established at the time
Cited 0 timesUnknown(PC) Smithee v. California Correctional Institution
District Court, E.D. California · Aug 18, 2023
Qualified Immunity 19 Defendant claims he is entitled to qualified immunity in the face of Plaintiffs’ alleged Eighth 20 Amendment violation. … A 8 plaintiff must prove both steps of the inquiry to establish the official is not entitled to qualified 9 immunity. Felarca v. Birgeneau, 891 F.3d 809, 815 (9th Cir. 2018) (citing Saucier v.
Cited 0 timesUnknownDistrict Court, E.D. California · Aug 22, 2019
“Qualified immunity” is an 3 immunity in § 1983 cases, it does not apply to state law claims. See Johnson v. … Qualified Immunity 5 Qualified immunity applies when an official’s conduct does not violate a clearly 6 established federal statutory or constitutional rights, of which
Cited 0 timesUnknownDistrict Court, E.D. California · Sep 30, 2025
Qualified immunity protects 15 “government officials performing discretionary functions generally” “from liability for civil 16 damages insofar as their conduct does not violate clearly established statutory or constitutional … The Court held that Plaintiff’s alleged right to this kind of intimate association was 4 not clearly established at the time of the challenged conduct and accordingly Sokoloff is entitled 5 to qualified immunity.
Cited 0 timesUnknownDistrict Court, E.D. California · Sep 13, 2021
right; and 22 (2) whether the right was clearly established. … were clearly 6 established at the time it was taken.”
Cited 0 timesUnknown
Ask Donna