Case law

McIntyre

District Court, N.D. California · Aug 18, 2026

Once a government official raises a qualified immunity defense at the summary judgment stage, the plaintiff bears the burden of proving that their rights were violated and that the rights were clearly established. … rights were clearly established”).

In Re Insurance Antitrust Litigation

723 F. Supp. 464 · District Court, N.D. California · Oct 10, 1989

The allegations that establish a direct effect in the United States are sufficient to *487 establish this Court’s subject matter jurisdiction under Timberlane I. (3) International Comity Regardless of whether subject matter … Timberlane I established a rule of reason controlling the extraterritorial application of the antitrust laws.

PRIME TIME SHUTTLE INTERNATIONAL, INC. v. California Public Utilities Commission

31 F. Supp. 2d 743 · District Court, N.D. California · Nov 10, 1998

Defendants then brought this motion for summary judgment, arguing that they are entitled to qualified immunity under F.R.C.P. 56. … This rule of qualified immunity provides protection “to all but the plainly incompetent or those who knowingly violate the law.” Burns v.

Hernandez v. County of Monterey

306 F.R.D. 279 · District Court, N.D. California · Apr 14, 2015

Third, the County asserts its “actions were objectively reasonable in light of the facts and circumstances confronting it, and its conduct did not violate clearly established statutory or constitutional rights of which a … Further, while the doctrine of qualified immunity protects government officials acting in their official capacity, 63 Plaintiffs have not sued any government officials acting in their official capacity.

M. J. Brock & Sons, Inc. v. City of Davis

401 F. Supp. 354 · District Court, N.D. California · Aug 26, 1975

Rhodes, 416 U.S. 232 , 94 S.Ct. 1683 , 40 L.Ed.2d 90 (1974), held that common law tradition and public policy accord public school officials a qualified good faith immunity in Section 1983 actions. … The same qualified good faith immunity should apply here.

Crain v. Krehbiel

443 F. Supp. 202 · District Court, N.D. California · Feb 3, 1978

The court therefore adheres to its ruling that police officers have only a qualified immunity. … Even if DEA agents do have absolute immunity, the United States is not entitled to raise the immunity defenses (whether absolute or qualified) of its employees in suits under the FTCA. See Norton v.

Nakao v. Rushen

545 F. Supp. 1091 · District Court, N.D. California · Aug 23, 1982

Under this objective test, the district court on a summary judgment motion must determine “not only the current applicable law, but whether the law was clearly established at the time an action occurred.” Id. … If so, defendants’ actions violated clearly established law.

TALADA v. City of Martinez

656 F. Supp. 2d 1147 · District Court, N.D. California · Sep 10, 2009

Qualified Immunity. Alternatively, Peterson maintains that because the warrants were obtained based on probable cause, he is entitled to summary judgment on the issue of qualified immunity. This order agrees. … A determination as to an officer’s entitlement to qualified immunity involves a two-pronged inquiry.

Equal Employment Opportunity Commission v. Fremont Christian School

609 F. Supp. 344 · District Court, N.D. California · Apr 16, 1984

Thus, the School’s allegation of immunity from Title VII and the Act is unfounded. 2 The School’s second religious claim arises from the Establishment Clause. … the School’s Establishment Clause rights.

Kyles v. Baker

72 F. Supp. 3d 1021 · District Court, N.D. California · Oct 31, 2014

The officers are not entitled to summary judgment based on qualified immunity. … “The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established *1041 statutory or constitutional rights of which a reasonable

DARIANO v. Morgan Hill Unified Sch. Dist.

822 F. Supp. 2d 1037 · District Court, N.D. California · Nov 8, 2011

Defendants then filed their Answer to Plaintiffs’ Complaint, asserting sovereign immunity as to all claims against Defendant Morgan Hill and qualified immunity for Defendants Boden and Rodriguez. (Answer at 8-9.) … Defendants further contend that none of the actions of Defendant Rodriguez violated law which was clearly established at the time, entitling Defendant Rodriguez to qualified immunity. (Id.)

Smith v. Ricks

798 F. Supp. 605 · District Court, N.D. California · Jul 15, 1992

At the summary judgment stage, the resisting party must proffer more than broadly sweeping allegations in order to establish a genuine issue of material fact. … The Act requires that a review action occur after November 14,1986 in order to qualify for immunity from liability. The Court’s finding is premised on the chronology of events presented above. III.

Gonzalez v. Google, Inc.

282 F. Supp. 3d 1150 · District Court, N.D. California · Oct 23, 2017

Plaintiffs do not clearly state their theory of repeal. There are two kinds of statutory repeal, express and implied. … Although not clearly articulated by Plaintiffs, the court assumes that Plaintiffs' theory is that JASTA impliedly repealed section 230(c)(1).

Knapps v. City of Oakland

647 F. Supp. 2d 1129 · District Court, N.D. California · Sep 8, 2009

Qualified Immunity 58. … Accordingly, the Court also finds that it is clearly established that a reasonable officer in Officer Cardoza’s position would know that his conduct was unlawful in this situation, and Officer Cardoza is not entitled to immunity

Ramos v. California Committee of Bar Examiners of the State Bar of California

857 F. Supp. 702 · District Court, N.D. California · Jun 6, 1994

The Committee is clearly an arm of the State. Chaney v. State Bar of California, 386 F.2d 962, 966 (9th Cir.1967) cert. denied, 390 U.S. 1011 , 88 S.Ct. 1262 , 20 L.Ed.2d 162 (1968); Lupert v. … Other Issues The Court notes that issues related to abstention, absolute immunity and qualified immunity were also raised by defendants. The Court need not resolve these questions. III.

Northern California Supermarkets, Inc. v. Central California Lettuce Producers Cooperative

413 F. Supp. 984 · District Court, N.D. California · Jan 30, 1976

An agricultural organization without capital stock, instituted for mutual self-help and not conducted for profit, qualifies for the exemption. … The Act explicitly enumerated certain legitimate activities of qualifying cooperatives.

Del Campo v. Kennedy

491 F. Supp. 2d 891 · District Court, N.D. California · Dec 5, 2006

For immunity to apply, the entity must establish it acted as “an arm of the state” and did not waive its right to immunity. Will v. … The Amended Consolidated Complaint shall clearly identify which claims are asserted against which Defendants. 5.

Simons v. County of Marin

682 F. Supp. 1463 · District Court, N.D. California · Nov 19, 1987

Liability of the Individual Defendants — Qualified Immunity The availability of qualified immunity for individual defendants on summary judgment is tested under the rule of Anderson v. … Therefore, the individual defendants are not entitled to summary judgment based on qualified immunity. See id. V.

Goddard v. Google, Inc.

640 F. Supp. 2d 1193 · District Court, N.D. California · Jul 30, 2009

Id. 2 These allegations, if supported by other specific allegations of fact, clearly would remove Plaintiffs action from the scope of CDA immunity. … While a website clearly will not “automatically [enjoy] immunity] so long as the content originated with another information content provider,” Roommates, 521 F.3d at 1171 n. 31 (citing Carafano, 339 F.3d at 1125 ), Plaintiffs

John Paul Johnson v. City of Santa Rosa, et al.

District Court, N.D. California · Mar 27, 2026

Clearly Established Law Put a Reasonable Officer on Notice 14 Even if Officer O’Neill could raise a new qualified immunity argument post-trial, the 15 defense fails. … established. 26 Long before Officer O’Neill broke Plaintiff’s elbow, clearly established law provided an 27 officer could not use force to harm a compliant suspect while handcuffing him.