Case law

United States ex rel. Rosales v. San Francisco Housing Authority

173 F. Supp. 2d 987 · District Court, N.D. California · Mar 26, 2001

Although Vermont Agency now conclusively establishes that states and state agencies are immune from private suit under the FCA, that is not true of cities or counties and their agencies. … immunities existing at common law.

United States v. Rosenthal

266 F. Supp. 2d 1068 · District Court, N.D. California · May 16, 2003

Section 885(d) Immunity Rosenthal does not renew his Section 885(d) immunity defense in his new trial motion. … In his reply memorandum in support of his Motion for a New Trial, Rosenthal argues for the first time that his conviction should be dismissed or a new trial granted based on the "good faith” or "qualified” immunity recognized

Adibi v. California State Board of Pharmacy

393 F. Supp. 2d 999 · District Court, N.D. California · Oct 7, 2005

Agricultural Ass’ns, 3 F.3d 1289 , 1292 (9th Cir.1993) (“[T]he public entity ought to bear the burden of proving the facts that establish its immunity under the Eleventh Amendment.”). … Bd., 118 F.3d 1047 , 1051 n. 1 (5th Cir.1997) (“It is well established law in this Circuit that the defenses of qualified and absolute immunity do not extend to suits for injunc-tive relief under 42 U.S.C. § 1983 .”); Roe

PUGA

District Court, N.D. California · Dec 12, 2025

Clearly Established 20 The Court begins with prong two of the qualified immunity analysis and considers whether 21 the right was clearly established at the time of the allegedly … Clearly Established 17 The Court begins with prong two of the qualified immunity analysis and considers whether 18 it was clearly established at the time that children may not be

Psalms

District Court, N.D. California · Aug 20, 2026

clearly established statutory or constitutional 19 rights of which a reasonable person would have known.” … 10 was “clearly established in light of the specific context of the case” at the time of the events in 11 question.

Merrifield v. Lockyer

388 F. Supp. 2d 1051 · District Court, N.D. California · Aug 1, 2005

The Code establishes a licensing scheme with three “branches.” Id. § 8560(a). … Privileges and Immunities Clause Claim As noted, Plaintiffs also contend that the structural pest licensing scheme infringes their rights under the Privileges and Immunities Clause of the Fourteenth Amendment.

Quiroz v. Horel

85 F. Supp. 3d 1115 · District Court, N.D. California · Mar 31, 2015

The defense 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 … See Rhodes, 408 F.3d at 567 ; Pratt, 65 F.3d at 806 (stating the “prohibition against retaliatory punishment is “clearly established law” in the Ninth Circuit, for qualified immunity purposes”).

Dollar Rent a Car Systems, Inc. v. Hertz Corp.

434 F. Supp. 513 · District Court, N.D. California · Jul 8, 1977

Defendants are absolutely correct in their conclusion that “pre-trial motions [concerning Noerr immunity must be] based on a precise and clearly defined factual record,” and that “no motions are possible” on an incomplete … As defendants have observed, application of Noerr-Pennington immunity warrants “the same approach” as the application of immunity under Parker v.

Kindem v. City of Alameda

502 F. Supp. 1108 · District Court, N.D. California · Nov 11, 1980

Clearly, plaintiff’s ten-year-old youth conviction has little if any bearing on his ability to perform as a janitor for the City, and the City admits as much in its dismissal letter. … The exact contours of such an immunity, and even the existence of any immunity at all, were considered by the court to be important and complicated questions with possibly far-reaching implications.

Leonor

District Court, N.D. California · Sep 1, 2026

right, and (2) the unlawfulness of their 27 conduct was clearly established at the time.” … reasonableness for purposes of qualified immunity is distinct from the standard of reasonableness 4 embodied in the Fourth Amendment.”

Allen v. United States

871 F. Supp. 2d 982 · District Court, N.D. California · May 15, 2012

These eleven claim that they qualify for reorganization under the IRA because they are all individuals possessing one-half or more Indian blood and are residing on the Pinoleville Reservation (Compl. ¶ 26). … Moreover, she is not qualified to verify genealogy. Second, evidence about the blood quantum of individuals residing on the reservation should have been discoverable with due diligence.

Mendez v. Gearan

947 F. Supp. 1364 · District Court, N.D. California · Nov 21, 1996

The plaintiff therefore always bears the burden of establishing subject matter jurisdiction. See, e.g., KVOS, Inc. v. … In the area of tax immunity cases it has been said that “[w]e regard as untenable the distinction between governmental and proprietary interests on which the [tax immunity] cases rest to some extent.” State of N.Y. v.

In Re Grand Jury Witnesses

322 F. Supp. 573 · District Court, N.D. California · Sep 8, 1970

The order of the Court granted immunity to respondents in accordance with the provisions of Title 18 U.S.C. … With the foregoing considerations in mind, the Court, in weighing the respective social values of the conflicting interests presented, is satisfied that the Government has clearly and convincingly established a compelling

HOLOMAXX TECHNOLOGIES v. Microsoft Corp.

783 F. Supp. 2d 1097 · District Court, N.D. California · Mar 11, 2011

Whether Microsoft’s filtering decisions qualify for CDA immunity To assert an affirmative defense under § 230(c)(2)(A), a moving party must qualify as an “interactive computer service,” that voluntarily blocked or filtered … However, Holomaxx contends that § 230(c)(2)(a) “was not intended to immunize the blocking of routine business emails.”

Powelson v. Sausalito Police Department

District Court, N.D. California · Sep 7, 2025

See id. 10 Here, qualified immunity obtains because it was not clearly established that Mr. Powelson 11 was engaging in protected activity in the first place. … Given the lack of clearly established law on this point, the officers are 7 entitled to qualified immunity on this claim. See Spiehs v. Armbrister, No. 24-4005-JAR-BGS, 8 2025 U.S. Dist.

Ferguson v. United States

712 F. Supp. 775 · District Court, N.D. California · Apr 24, 1989

The Waiver of Sovereign Immunity The pertinent contractual provisions establishing the principal-agent relationship in this case appear in Article XX of the contract entitled, “Status and Authority of Sandia Corporation as … The Supreme Court in New Mexico established the rule that tax immunity was only appropriate when the government itself was to be taxed or when “an agency or instrumentality is so closely connected to the Government that the

B.

District Court, N.D. California · Jun 29, 2026

Qualified immunity shields state officials from claims for money damages unless a plaintiff establishes “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established … Therefore, because it was not clearly established at the time of M.B.’s room confinement that Hewitt applied to him, qualified immunity precludes liability because a reasonable official would not have necessarily known

Villains, Inc. v. American Economy Insurance

870 F. Supp. 2d 792 · District Court, N.D. California · Apr 30, 2012

The insurance companies argue that this claim clearly is not viable. … Although Plaintiffs have invoked the above exception to the agency immunity rule, the allegations in their complaint are insufficient to establish the exception’s viability.

National Ass'n of Radiation Survivors v. Turnage

115 F.R.D. 543 · District Court, N.D. California · Apr 29, 1987

The specific content of the forms and the history files was not established. 3. … Plaintiffs have established that the defendant failed to produce clearly responsive documentary evidence over the course of discovery in this litigation.

Jones

District Court, N.D. California · Jul 21, 2026

Qualified Immunity 2 Ruiz and Lupo are also entitled to qualified immunity. Under Saucier v. … Id. at 201-02. 12 Even if the violated right was clearly established, qualified immunity shields an officer from suit 13 when he makes a decision that, even if constitutionally deficient, reasonably misapprehends the