Case law

Mateos-Sandoval v. County of Sonoma

942 F. Supp. 2d 890 · District Court, N.D. California · Jan 31, 2013

United States, — U.S. -, 133 S.Ct. 511, 515 , 184 L.Ed.2d 417 (2012) (“[I]f government action would qualify as a taking when permanently continued, temporary actions of the same character may also qualify as a taking.”). … County Defendants also argue that Freitas is entitled to qualified immunity.

Beste v. Lewin

488 B.R. 663 · District Court, N.D. California · Nov 20, 2012

Nor could he, as Judge Cox’s findings clearly indicate that he was discussing Beste. DeMeo v. … Therefore Lewin is not protected by absolute quasi-judicial immunity. .

BAUTISTA-PEREZ v. Holder

681 F. Supp. 2d 1083 · District Court, N.D. California · May 1, 2009

However, rules for the waiver of sovereign immunity are strictly interpreted: The United States is immune from suit unless it consents to waive its sovereign immunity. … Even if the Court were to declare this matter technically moot, two clearly established exceptions to the application of the mootness doctrine are relevant to this matter. First, Roe v.

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.

Brown v. Lieutenant Bass

District Court, N.D. California · Sep 3, 2024

In considering a claim of qualified immunity, the Court must determine 13 whether the plaintiff has alleged the deprivation of an actual constitutional right and whether such 14 right was clearly established such that … immunity so long as “their conduct does not violate 21 clearly established statutory or constitutional rights of which a reasonable person would have 22 known.”

Baer v. Baer

450 F. Supp. 481 · District Court, N.D. California · Apr 14, 1978

It is well established that judges are absolutely immune from liability for acts done in the performance of their judicial functions. Pierson v. … Unlike judges, police officers only enjoy a qualified immunity for acts done in the performance of their official functions. Their immunity extends only to acts taken in good faith and upon a reasonable belief.

Prebilich v. City of Cotati

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

No. 15 23 at 3-4.1 O’Bid has asked for qualified immunity in his personal capacity. Id. at 17-18. … Qualified immunity is “an immunity from suit,” 10 Pearson v.

Mattice v. United States

752 F. Supp. 905 · District Court, N.D. California · Jul 2, 1990

Sovereign Immunity A party may bring a cause of action against the U.S. only to the extent the government has waived its sovereign immunity. … Clearly, plaintiff entered the GGNRA'for a recreational purpose contemplated by the statute.

La Raza Unida v. Volpe

337 F. Supp. 221 · District Court, N.D. California · Nov 9, 1971

As stated above, this approval was the initial action necessary to qualify Route 238 for federal funds. … The harm to plaintiffs and the class they represent is clearly irreparable.

In Re Shead

302 F. Supp. 560 · District Court, N.D. California · Jun 16, 1969

The government’s motion is based on 18 U.S.C. § 2514 , so the constitutionality of this statute is clearly a proper issue before this Court. … It is established that if a complaint seeks an injunction restraining the enforcement, operation or execution of an Act of Congress and the constitutional questions raised are not plainly insubstantial, a three-judge court

Colombo

District Court, N.D. California · Dec 18, 2025

The Court Grants Austin, Bahadursingh, and Hickey Summary Judgment on 5 Plaintiff’s § 1983 Claims Because Qualified Immunity Applies 6 “Qualified immunity is applicable unless the official’s conduct violated … a clearly 7 established constitutional right.”

Gottschalk v. City & County of San Francisco

964 F. Supp. 2d 1147 · District Court, N.D. California · Aug 12, 2013

Sovereign Immunity A number of Plaintiffs claims must be dismissed as barred by sovereign immunity. … Federal Defendants argue that all of Plaintiffs claims against them are barred by sovereign immunity. 7 Under the doctrine of sovereign immunity, the United States may not be sued without an express statutory waiver of immunity

Mattingly v. Jurek

District Court, N.D. California · Jun 26, 2025

Defendant Officers Are Entitled to Qualified Immunity 15 “Qualified immunity attaches when an official’s conduct does not violate clearly 16 established statutory or constitutional rights of which a reasonable … … if they reasonably could have believed that their conduct was lawful in light of clearly 2 established law and the information that they possessed.”

Atienza v. Town of Danville

District Court, N.D. California · Sep 27, 2021

Given that these facts 14 are up for dispute, Officer Hall must establish that he was entitled to qualified immunity no matter 15 how slow the vehicle was moving, and no matter which direction the wheels were pointed … entitled to qualified 8 immunity.

Paredes v. City of San Jose

District Court, N.D. California · Dec 18, 2024

The Ninth Circuit declined to 6 grant qualified immunity to the officers because “the use of a police canine and pepper spray 7 could, under clearly established law, have constituted the use of excessive force.” … participant in the violation of a clearly 6 established constitutional right—in other words, whether an officer sued on an integral 7 participation theory is entitled to qualified immunity unless precedent clearly

Liu v. Republic of China

642 F. Supp. 297 · District Court, N.D. California · Aug 11, 1986

In this case, the Court believes that the plaintiff may be able to establish liability on the part of the ROC without calling into question any of the factual findings of the ROC tribunals or conducting intrusive inquiries … Other cases have held that the discretionary function exception does not provide immunity for acts “clearly outside the authority delegated____” Birnbaum v.

Regal v. County of Santa Clara

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

Defendants assert that Garcia and Cevallos are entitled to qualified 25 immunity from suit because their alleged conduct did not violate clearly established law as 26 required under the second prong of the qualified … established 20 prong of the qualified immunity test is GRANTED. 21 2.

Collins v. San Francisco Unified School District

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

Courts 21 “have discretion to address the ‘clearly established’ prong of the qualified immunity test first; if 22 [the court] conclude[s] that the relevant law was not clearly established, [the court] need not 23 … 24 established right for purposes of qualified immunity.

Kinetic Systems, Inc. v. Federal Financing Bank

895 F. Supp. 2d 983 · District Court, N.D. California · Sep 14, 2012

Though defendant FFB is the party who has moved to dismiss this case, Plaintiff is the one who bears the burden of establishing that FFB lacks sovereign immunity and hence that federal jurisdiction is proper, notwithstanding … United States, 663 F.3d 1059, 1063 (9th Cir.2011) (plaintiff bears burden of establishing waiver of sovereign immunity); Daimler-Chrysler Corp. v.

Valtierra v. Housing Authority of City of San Jose

313 F. Supp. 1 · District Court, N.D. California · Mar 23, 1970

Plaintiffs’ Privileges and Immunities argument is not reached as this court decides the case on Equal Protection grounds. … Nor does the implementation of this change through popular referendum immunize it. [Citations omitted.]