Case law

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  • Murrietta-Golding v. City of Fresno

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

    Officers are entitled to qualified immunity under 1 § 1983 unless (1) the officers violate a federal a federal statutory or constitutional right, and (2) the 2 unlawfulness of their conduct was “clearly established at … City of Roseville, 882 10 F.3d 843, 856-57 (9th Cir. 2018) (noting that Ninth Circuit precedent is sufficient to meet the 11 “clearly established” prong of qualified immunity).

    Cited 0 timesUnknown
  • (PC) Dennis v. Kernan

    District Court, E.D. California · Apr 7, 2023

    Alternatively, they argue that Mays is entitled to qualified immunity. Id. at 16 23-25. … violate clearly established statutory or 23 constitutional rights of which a reasonable person would have known.”

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  • (PC) Cotton v. Medina

    District Court, E.D. California · Oct 11, 2024

    In the context of deciding whether the 17 defendant officers were entitled to qualified immunity, the Ninth Circuit stated as follows: 18 In an attempt to invoke the doctrine of specific intent, the officers … Moreover, as their argument for qualified immunity is based on the same 18 misstatement of the law, the Court will recommend that the summary

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  • (PC) Spence v. Kaur

    District Court, E.D. California · Jul 12, 2022

    qualified immunity. 12 The undersigned agrees there is no clearly established law recognizing a prisoner’s right 13 to a truthful counseling chrono. … Plaintiff cites no 16 authorities to the contrary, and argues only that “the prohibition against retaliatory punishment is 17 clearly established law in the Ninth Circuit for qualified immunity purposes.”

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  • Central Valley Chrysler-Jeep v. Witherspoon

    456 F. Supp. 2d 1160 · District Court, E.D. California · Sep 25, 2006

    The court was careful to qualify that the federal government, by merely authorizing the states to act, did not immunize state regulations from conflict preemption scrutiny: “Of course, even when the federal government has … law ‘regulates even-handedly to effectuate a legitimate local public interest, and its effects on interstate commerce are only incidental,’ then the statute must be upheld ‘unless the burden imposed on such commerce is clearly

    Cited 7 timesPublished
  • Maez v. Maez

    District Court, E.D. California · Sep 8, 2022

    Absolute and Qualified Immunity – Defendant Coronado 2 Additionally, it appears that Defendant Coronado, a social worker, may be entitled to 3 absolute or qualified immunity from suit. … “It has long been 18 established that judges are absolutely immune from liability for acts ‘done in the exercise of their 19 judicial functions.” Miller v.

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  • Ortiz v. County of San Joaquin

    District Court, E.D. California · Feb 9, 2022

    immunity. … 2) whether that right was “clearly established” at the time of 27 the incident.

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  • Stallings v. Ferrera

    District Court, E.D. California · Aug 4, 2025

    Qualified Immunity and Punitive Damages 3 State Defendants argue they are entitled to qualified immunity, an argument 4 Plaintiff opposes. … Qualified immunity protects government officials “from liability for civil 5 damages insofar as their conduct does not violate clearly established statutory or 6 constitutional rights of which a reasonable person would

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  • Perez

    District Court, E.D. California · Aug 26, 2026

    to qualifying state officials sued under 42 U.S.C. § 1983. … Gammie, 335 F.3d 889, 895-96 (9th Cir.2003) (explaining that though § 1983 does 8 not include a defense of immunity, “the Supreme Court has recognized that when Congress enacted § 1983, it was aware of a well-established

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  • Turner v. City of Sacramento

    District Court, E.D. California · May 20, 2022

    The determination of qualified immunity requires a two-step test: (1) whether facts 14 alleged, taken in the light most favorable to the injured party, show the defendants’ conduct 15 violated a constitutional right; … and (2) whether the right was clearly established.

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  • Perez

    District Court, E.D. California · Aug 26, 2026

    to qualifying state officials sued under 42 U.S.C. § 1983. … Gammie, 335 F.3d 889, 895-96 (9th Cir.2003) (explaining that though § 1983 does 8 not include a defense of immunity, “the Supreme Court has recognized that when Congress enacted § 1983, it was aware of a well-established

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  • (PC) Blalock v. Miranda

    District Court, E.D. California · Sep 22, 2021

    Id. at 6. 19 Alternatively, Defendant argues that he is entitled to qualified immunity. Id. at 6-7. … clearly established statutory or 7 constitutional rights of which a reasonable person would have known.”

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  • Ohlendorf v. American Home Mortgage Servicing

    279 F.R.D. 575 · District Court, E.D. California · Mar 31, 2010

    At the time of the loan, plaintiffs Fair Isaac Corporation (“FICO”) score, which is used to determine the type of loans for which a borrower is qualified, should have classified him as a “prime” borrower, but Alfano classified … Further, the actions of debt collectors under the act are not immunized if plaintiff actually owed money. Rather, the Rosenthal Act prohibits conduct in collecting a debt, whether valid or not.

    Cited 16 timesPublished
  • (PC) Snowden v. Yule

    District Court, E.D. California · Oct 31, 2023

    Defendants also argue that they are 16 entitled to qualified immunity. … or constitutional right; and (2) whether 20 the right at issue was clearly established at the time of the incident.

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  • (PC) Ekene v. Broussard

    District Court, E.D. California · Sep 7, 2022

    Qualified Immunity 16 Finally, defendants argue that they are entitled to qualified immunity because a reasonable 17 officer in defendants’ position would not have known that … “The doctrine of qualified immunity protects government 21 officials from liability for civil damages insofar as their conduct does not violate clearly 22 established statutory or constitutional rights of which

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  • Ruffino v. United States

    District Court, E.D. California · Feb 2, 2022

    He bears the burdens of establishing the court’s subject matter jurisdiction 14 under the FTCA’s general waiver of immunity, Prescott v. … test is met and that discretionary immunity applies,” Ruffino bears the 6 burden “of coming forth with sufficient evidence to establish there are genuine issues of material 7 fact.”

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  • Munns v. Clinton

    863 F. Supp. 2d 1001 · District Court, E.D. California · Mar 27, 2012

    As the Court stated in its Original Order: A plaintiff bears the burden of establishing “that he has standing for each type of relief sought.” Summers v. … See, e.g., Opposition, 21:20-26 (“Plaintiffs seek contract payments and insurance proceeds that clearly not subject to workers compensation laws.... [Tjhese are not the Plaintiffs’ claims in the amended complaint.”).

    Cited 0 timesPublished
  • Perez v. McDonald's Corp.

    60 F. Supp. 2d 1030 · District Court, E.D. California · Nov 18, 1998

    The License Agreement “established a restaurant at 3556 Coach Lane, Cameron Park, California only.” See Memorandum and Order, filed May 8, 1998. … Ohri may extend beyond a mere breach of contract claim, which is clearly not covered by the act, see American Airlines, Inc. v.

    Cited 2 timesPublished
  • Goodwin v. Social Security Administration

    District Court, E.D. California · May 22, 2025

    Stahl, 254 F.3d 845 (9th Cir. 2001) (dismissal required of in forma pauperis proceedings which seek monetary relief from immune defendants); Cato v. … disability under the ADA, Plaintiff’s complaint does not clearly allege 10 the remaining elements of either a Title II or Title III ADA claim.

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  • (PC) Priest v. Kuersten

    District Court, E.D. California · Mar 9, 2023

    immunity. … (ECF No. 75-7 at 46.) 1 qualified immunity protects “government officials ... from liability for civil damages insofar as 2 their conduct does not violate clearly established statutory or constitutional rights of

    Cited 0 timesUnknown

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