Case law

Rappenecker v. United States

509 F. Supp. 1024 · District Court, N.D. California · Jul 8, 1980

Plaintiffs’ reliance on cases which determine the limitations of the immunity doctrine applicable to military officers is beside the point. … Immunity may afford an absolute or qualified defense to government officials against otherwise valid claims for damages.

Khanna v. State Bar of California

505 F. Supp. 2d 633 · District Court, N.D. California · Sep 10, 2007

LaHue, 460 U.S. 325, 342 , 103 S.Ct. 1108 , 75 L.Ed.2d 96 (1983) (“[0]ur cases clearly indicate that immunity analysis rests on functional categories, not on the status of the defendant.”). However, for Ms. … Albertsen-Mur-ray, that act is clearly protected.

Blockman

District Court, N.D. California · Feb 25, 2026

Qualified Immunity 27 Defendant San Francisco contends that qualified immunity applies in this case. … Qualified immunity 7 is applicable unless the official’s conduct violated a clearly established constitutional right.”

Traweek v. City and County of San Francisco

659 F. Supp. 1012 · District Court, N.D. California · Dec 30, 1986

The Federal Doctrine of Legislative Immunity In Tenny v. … City of Boulder, 455 U.S. 40 , 102 S.Ct. 835 , 70 L.Ed.2d 810 (1982), a municipality which acts in furtherance of a clearly articulated and affirmatively expressed state policy to displace competition with regulation is immune

Ramirez v. Oakland Unified School District

District Court, N.D. California · May 27, 2025

The individual defendants have qualified immunity because there was no clearly 12 established law putting the individual defendants on notice that they violated the plaintiff’s First 13 Amendment rights. … The Individual Defendants are Entitled to Qualified Immunity 8 The second issue is whether the individual defendants have qualified immunity.

California v. U.S. E.P.A.

360 F. Supp. 3d 984 · District Court, N.D. California · Dec 21, 2018

In determining whether a statute clearly waives sovereign immunity, courts employ "traditional tools of statutory interpretation." F.A.A. , 566 U.S. at 291 , 132 S.Ct. 1441 . … If the scope of congressional waiver is not clearly discernable "in light of traditional interpretive tools," then courts interpret the statute as not waiving sovereign immunity. Id.

Skidmore v. The Regents of the University of California

District Court, N.D. California · Feb 15, 2022

The parties 13 focus their briefing on prong two of the qualified immunity doctrine—whether Defendants 14 violated a “clearly established right” of Skidmore. See Mot. at 12–13; Opp. at 10–11; Reply at 6– 15 7. … The court found that defendants were not entitled to qualified 14 immunity because of factual issues regarding whether the university violated O’Brien’s clearly 15 established right to be free from retaliation in the

Khan v. Payton

District Court, N.D. California · Sep 25, 2024

533 U.S. at 194); Henry A., 678 F.3d at 1000 (qualified immunity analysis 22 requiring (1) determining the contours of the clearly established right at the time of the 23 challenged conduct and (2) examining whether … Qualified Immunity 6 Defendants also assert that they are entitled to qualified immunity on this claim 7 because it was not clearly established that denying Plaintiff Ramadan meals

Hayes

District Court, N.D. California · Jun 24, 2026

immunity. … A court considering a 6 claim of qualified immunity must determine whether the plaintiff has alleged the deprivation of an 7 actual constitutional right and whether that right was clearly established such that it would

Burns v. City of Concord

99 F. Supp. 3d 1007 · District Court, N.D. California · Apr 9, 2015

Conaty with prejudice, the court does not address whether they are entitled to qualified immunity. (See Contra Costa Motion, ECF No. 73 at 17-20.) . Mr. … Bell was entitled to qualified immunity. Mr. Bell’s (as opposed to other Defendants’) entire qualified immunity argument is quoted above. .

Guy F. Atkinson Co. v. Merritt, Chapman, & Scott Corp.

126 F. Supp. 406 · District Court, N.D. California · Nov 5, 1954

Clearly that type of flooding would not come within the purview of the Act in question. … trend toward increasing the scope of the waiver by the United States of its sovereign immunity from suit is inconsistent with whittling it down by refinements.

Federal Deposit Insurance v. Hudson

800 F. Supp. 867 · District Court, N.D. California · Mar 15, 1990

The court should grant judgment on the pleadings only if the moving party clearly establishes that no material issue of fact remains to be resolved and that it is entitled to judgment as a matter of law. Id. … The FDIC moved for summary judgment on the counterclaims and the Tenth Circuit held that the FDIC was immune from the counterclaims pursuant to Section 1823(e), regardless of whether the fraud was caused by overt misrepresentation

Sanderlin v. City of San Jose

District Court, N.D. California · Mar 29, 2022

Prong Two – Clearly Established Law 21 At Prong Two of the qualified immunity analysis on a motion to dismiss, Plaintiffs must 22 “plead[] facts showing . . . the right [violated] was ‘clearly … Prong Two – Clearly Established Right 23 At Prong Two of the qualified immunity analysis on a motion to dismiss, Plaintiffs must 24 “plead[] facts showing . . . the right [violated] was ‘clearly

Builders Corporation of America v. United States

148 F. Supp. 482 · District Court, N.D. California · Feb 19, 1957

The action clearly was not based on the tort of interference with contract relations, but was more closely akin to an action in the nature of trespass. … With facts so materially different, the holding in the Oman ease was clearly not addressed to the issue before the Court in the case at bar. 4 . The cases of Smith v. United States, D.O., 113 F.Supp. 131 , and Oman v.

Cruz v. United States

219 F. Supp. 2d 1027 · District Court, N.D. California · Aug 23, 2002

Given this dichotomy, the FSIA is clearly a statute which would operate “retroactively” if given effect in this case. … As the Supreme Court has stated: “The language and history of the FSIA clearly establish that the Act was not intended to affect the substantive law determining the liability of a foreign state or instrumentality....”

Diggs

District Court, N.D. California · Feb 11, 2026

Defendants’ Liability and Qualified Immunity 3 Mr. … In so holding the Court assumes that circuit precedent may clearly establish 27 a legal principle under the doctrine of qualified immunity even where the Supreme Court has 1 right may be clearly established “by decisional

Thomas v. City Of Concord

District Court, N.D. California · Jun 16, 2021

Qualified immunity is “an immunity from suit,” 10 Pearson v. … There, the circuit 10 affirmed the district court’s conclusion that a police officer was entitled to qualified immunity 11 because “no controlling precedent had ‘clearly establish[ed] that [plaintiff’s] right under

United States v. Garcia

809 F. Supp. 2d 1165 · District Court, N.D. California · Aug 24, 2011

was not clearly established, neither the circuit nor the U.S. … Here, in contrast, Ninth Circuit law on the nexus requirement is clearly established. See Hope v.

Lerma v. United States

716 F. Supp. 1294 · District Court, N.D. California · Jan 25, 1988

This definition, however, is expressly qualified and “does not include any contractor with the United States.” Id. … ,” against whom the statute has not afforded an unequivocal and express waiver to sovereign immunity?

Toles v. Foss

District Court, N.D. California · Sep 5, 2023

Id. 12 Qualified immunity protects “government officials . . . from liability for civil damages 13 insofar as their conduct does not violate clearly established statutory or constitutional rights of 14 which … A court considering a claim of qualified immunity must 23 determine whether the plaintiff has alleged the deprivation of an actual constitutional right and 24 whether such right was clearly established such that it