Case law

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.

Gamage v. Peal

217 F. Supp. 384 · District Court, N.D. California · Sep 4, 1962

The rule supporting this finding is well established. Barr v. Matteo, 360 U.S. 564 , 79 S.Ct. 1335 , 3 L.Ed.2d 1434 ; Howard v. Lyons, supra; Spalding v. Vilas, 161 U.S. 483 , 16 S.Ct. 631 , 40 L.Ed. 780 ; Hughes v. … The same is true when a diagnostic procedure or treatment is necessary to protect the life or health of a patient declared mentally incompetent by a qualified psychiatrist.” 5 . Barr v.

Rubalcava v. City Of San Jose

District Court, N.D. California · May 24, 2024

arguments run afoul of clearly established law.” … This Court also concluded in its 10 MSJ Order that if Plaintiff’s version of events is accepted, Defendants are not entitled to qualified 11 immunity on the Brady claim “[b]ecause it was clearly established by 1984

Duckett v. Garcia

District Court, N.D. California · Jun 17, 2025

Defendant is entitled to qualified immunity. … See supra at 10. 8 But even if it was, Plaintiff would have to establish that the right at issue was clearly 9 established to satisfy the second prong to defeat Defendant’s qualified immunity 10 argument.

Barth v. Firestone Tire and Rubber Co.

661 F. Supp. 193 · District Court, N.D. California · Sep 1, 1987

The plaintiff also clearly asserts a claim for emotional distress. … However, the statute clearly uses non-exclusive language to limit the term “willful physical assault.”

Blair v. Shanahan

919 F. Supp. 1361 · District Court, N.D. California · Jan 31, 1996

An officer attempting to enforce the statute would likely lose qualified immunity and be subject to personal liability, because Blair I clearly establishes that the law violates the civil rights of those punished under it … United States, 39 F.3d 1420, 1438 (9th Cir.1994) (police officer not entitled to immunity if “the constitutional right is clearly established” and no “reasonable police officer could have believed, in light of the settled

Ramirez

District Court, N.D. California · Oct 20, 2025

Qualified immunity shields government officials from liability unless their conduct 7 violates clearly established constitutional rights of which a reasonable official would have known. 8 Pearson v. … Bd., 302 Va. 504 (2023) (violation, but law not 6 clearly established); cf. Wilson v.

Lucas v. White

63 F. Supp. 2d 1046 · District Court, N.D. California · Apr 14, 1999

Entitlement to Fees (1) Sovereign Immunity Defendants argue that because the United States has not waived its sovereign immunity for fee awards in tort actions, and this action sounds in tort, that plaintiffs’ application … for fees is barred by sovereign immunity.

United States v. Chevrontexoco Corp.

241 F. Supp. 2d 1065 · District Court, N.D. California · Sep 12, 2002

WORK PRODUCT DOCTRINE Chevron asserts that 100 documents sought by the IRS are eligible for the qualified immunity afforded under the work product doctrine. 14 Chevron bears the burden of establishing that the materials it … No occasion has arisen for the IRS to contend that its competing needs justify penetration of the qualified immunity.

Federal Bureau of Investigation v. Superior Court

507 F. Supp. 2d 1082 · District Court, N.D. California · Aug 22, 2007

to Due Process and a fair trial guaranteed to defendants in criminal proceedings established by Brady v. … Prior to a 1986 Congressional amendment it was clearly established that this doctrine applied to § 1442(a) removals. See Guidry, 834 F.2d at 1469 ; Beeman, 828 F.2d at 621 ; Arizona v.

Harris v. Polskie Linie Lotnicze

641 F. Supp. 94 · District Court, N.D. California · Mar 21, 1986

Judge Weinstein of the Eastern District of New York previously held in this case that LOT, as an “agency or instrumentality” of the People’s Republic of Poland, qualifies as a “foreign state” within the meaning of the FSIA … In this context, plaintiff need only establish that an accident occurred to give rise to liability. See Air France v. Saks, 470 U.S. 392 , 105 S.Ct. 1338, 1346 , 84 L.Ed.2d 289 (1985).

The President Wilson

5 F. Supp. 684 · District Court, N.D. California · Sep 25, 1933

It was established that the ship was unseaworthy. This fact induced the District Court to deny the operation of the “fire statute.” … Undoubtedly, the weight of authority clearly holds that, in actions in rem for the recovery of damage caused by fire, the “fire statute” grants immunity of liability to the vessel, as well as personal exemption; vide The

Paddleford v. Biscay

307 F. Supp. 343 · District Court, N.D. California · Nov 25, 1969

New doctrines were more solidly established at common law than the immunity of judges from liability for damages for acts committed within their jurisdiction. … This immunity applies even when the judge is accused of acting maliciously or corruptly.

Gatlin v. Contra Costa County

District Court, N.D. California · Apr 29, 2025

The district court found the social workers entitled to 19 qualified immunity. … The Shane court found qualified immunity applied because binding case law did not 27 1 clearly establish that the failure “to provide a case plan

Anderson v. Duran

70 F. Supp. 3d 1143 · District Court, N.D. California · Oct 2, 2014

Settlement Agreement provides: Should a dispute arise as to the application, interpretation, and enforcement of the terms of this Agreement, the Parties agree to submit such dispute to mediation before a mutually agreed upon qualified … In the alternative, Anderson argues he is exempt from tribal jurisdiction on the grounds of state sovereign immunity or qualified governmental immunity.

Calero v. Unisys Corp.

271 F. Supp. 2d 1172 · District Court, N.D. California · May 19, 2003

immunity. … However, the court found that defendants failed to provide a case that clearly stated a holding which established that the tort of intentional infliction of emotional distress stems from a contractual dispute between the

Tabora

District Court, N.D. California · Dec 22, 2025

Qualified Immunity 14 To the extent that the claims may not be completely disposed of on the merits, the Court 15 finds that Defendants are entitled to qualified immunity, … Mot. at 17.) 20 “The doctrine of qualified immunity shields officials from civil liability so long as their 21 conduct ‘does not violate clearly established statutory or constitutional rights of which a 22 reasonable

Bryant v. City of Berkeley

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

If they did not violate clearly established law, Defendants would be entitled to qualified immunity even if the force were unreasonable. Id. at 802. The Court may address these prongs in either order, Damiano v. … Arguing against qualified immunity, Bryant writes that he had a clearly established right “to be free from the lethal force” employed against him on January 2, 2021. Dkt. 103 at 19.

Gathrite

District Court, N.D. California · Jul 16, 2026

19 The defense of qualified immunity protects “government officials . . . from liability for 20 civil damages insofar as their conduct does not violate clearly established statutory or 21 constitutional rights … immunity must determine whether the plaintiff has alleged the deprivation of an 2 || actual constitutional right and whether such right was clearly established such that it would be 3 clear to a reasonable

Jewel v. National Security Agency

965 F. Supp. 2d 1090 · District Court, N.D. California · Jul 23, 2013

Plaintiffs bear the burden to establish a waiver of sovereign immunity. Prescott v. United States, 973 F.2d 696, 701 (9th Cir.1992) 1. Statutory Claims for Damages. … Therefore, Plaintiffs must turn elsewhere to establish a waiver of sovereign immunity.