Case law

California ex rel. State Lands Commission v. United States

512 F. Supp. 36 · District Court, N.D. California · Jan 6, 1981

This principle was established by court-made law (see, Weber v. … Thus, the Hart and the two Park County cases 1 are clearly distinguishable because in none of these cases was a state asserting its title rights to land held in trust for the public.

Villanueva-Galvez

District Court, N.D. California · Jun 2, 2026

immunity. 22 The doctrine of qualified immunity shields a police officer from individual liability for 23 civil damages if the officer’s conduct does not violate a clearly established constitutional right. 24 … Villanueva- 18 Galvez has a viable excessive force claim, the qualified immunity inquiry turns on whether Officer 19 Anaya “violate[d] clearly established statutory or constitutional rights of which a reasonable 20

Bolden v. Arana

District Court, N.D. California · Apr 6, 2020

A court considering a claim of qualified immunity must 13 determine whether the plaintiff has alleged the deprivation of an actual constitutional right 14 and whether such a right was clearly established such that it … While the constitutional 18 violation of retaliation arising from a threat is clearly established for purposes of qualified 19 immunity, the aspects of this claim are not clearly established.

NASD Dispute Resolution, Inc. v. Judicial Council of California

232 F. Supp. 2d 1055 · District Court, N.D. California · Nov 12, 2002

The Court concluded that, with a concrete, clearly defined dispute crystallized between adverse parties, the case was ripe for decision. … Defendants enjoy the full protection of that immunity, and Plaintiffs cannot bring their claims in federal court. V.

Wang v. County of Santa Clara

District Court, N.D. California · Oct 5, 2020

The Court again finds that this right was not clearly 25 established. Accordingly, Defendant Grumbos is entitled to qualified immunity. 26 2. … Wang has not identified a case indicating this right was clearly established. The 19 Court finds that Defendant Lidtke is entitled to qualified immunity. 20 3.

Mishewal Wappo Tribe v. Jewell

84 F. Supp. 3d 930 · District Court, N.D. California · Mar 23, 2015

The court agrees. 3 As a sovereign, the United States “is immune from suit unless it has expressly waived such immunity and consented to be sued.” 4 Gilbert v. DaGrossa, 756 F.2d 1455, 1458 (9th Cir.1985). … Agencies and agency officials are covered by sovereign immunity. Hodge v.

Shen v. Albany Unified School District

District Court, N.D. California · Jan 29, 2020

That state of mind has been established by the evidence just discussed. 17 The next inquiry for qualified immunity is whether Williams’s conduct violated a right 18 clearly established as of March 2017. … Hernandez, 897 F.3d at 1134. 1 Anderson “created a danger [Shen] otherwise would not have faced,” violated Shen’s clearly 2 || established constitutional right, and is not entitled to qualified immunity.

Schneider v. California Department of Corrections

957 F. Supp. 1145 · District Court, N.D. California · Mar 24, 1997

In order for plaintiffs to establish that they have a protected property interest in the interest income created by funds deposited in an ITA, they must show-that they have a legitimate claim of entitlement through either … Because the Court grants defendants' motion on this ground, it does not reach the issues of exhaustion of administrative remedies, Eleventh Amendment immunity, or qualified immunity.

Mitchell v. Peralta Community College District

766 F. Supp. 834 · District Court, N.D. California · Jun 27, 1991

Plaintiff’s high ratings by her supervisors establish only that she was qualified for the position. … Iowa 1990), is clearly distinguishable.

Banks v. Mortimer

District Court, N.D. California · Jul 1, 2022

Defendants argue that Officer Mortimer is entitled to qualified 15 immunity. … right, and (2) whether such 18 right was clearly established at the time of the deprivation.

US Ex Rel. Rosales v. SAN FRAN. HOUSING AUTHOR.

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.

Filer v. McCornick

260 F. 309 · District Court, N.D. California · Jul 28, 1919

It is now very generally recognized as extending not only to immunity from arrest, but from service of process as well. … The fundamental basis of the doctrine in its judicial aspects is very clearly stated in Stewart v.

County of Marin v. Deloitte Consulting LLP

836 F. Supp. 2d 1030 · District Court, N.D. California · Dec 27, 2011

hire Deloitte as implementing consultants — and does not support an allegation that the scheme’s conduct is at threat of continuing. 10 Having found that the Amended Complaint fails to allege sufficient predicate acts to establish … However, the cases discussing immunity under this section recognize the immunity extends to licensing and similar activities. See O’Hagan v.

Saddozai v. Atchley

District Court, N.D. California · Aug 5, 2024

If the law did not put the officer on notice that his conduct would be 4 clearly unlawful, summary judgment based on qualified immunity is appropriate. … 533 U.S. at 194); Henry A., 678 F.3d at 1000 (qualified immunity analysis 13 requiring (1) determining the contours of the clearly established right at the time of the 14 challenged conduct and (2) examining whether

Xavier v. Tanori

District Court, N.D. California · Apr 27, 2022

“If an official could reasonably have 4 believed her actions were legal in light of clearly established law and the information she 5 possessed at the time, she is protected by qualified immunity.” Franklin v. … Sound Mental Health, 632 22 F.3d 1091, 1109 (9th Cir. 2011). 23 Here, the Court finds that Officer Tanori is entitled to qualified immunity because he 24 violated no clearly

Wickland Oil Terminals v. Asarco, Inc.

654 F. Supp. 955 · District Court, N.D. California · Feb 5, 1987

Rather, the Employees Court simply found that Congress must express its intent clearly not ambiguously. … Gov’t Code § 901 establishes that a cause of action for equitable indemnity accrues when the “defendant is served with the complaint giving rise to the defendant’s claim for equitable indemnity ... against the public entity

Cannon v. United States

84 F. Supp. 820 · District Court, N.D. California · Apr 8, 1949

The evidence, without a doubt, discloses that the damage is great, and, if the liability of the United States is established, an award of the amount prayed for would not be excessive. … In waiving its sovereign immunity and consenting to be sued, the United States fixed and bounded the area of its liability.

Lawrence

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

Even if the violated right was clearly established, qualified immunity shields an officer from 21 suit when he makes a decision that, even if constitutionally deficient, reasonably misapprehends 22 the law governing … Qualified Immunity 5 Defendants also are entitled to qualified immunity on plaintiff's Fourteenth 6 || Amendment excessive force claim against them.

Competitive Technologies v. Fujitsu Ltd.

286 F. Supp. 2d 1118 · District Court, N.D. California · Feb 25, 2003

To qualify for Eleventh Amendment immunity, a defendant must establish that it is both an arm of the state and that its right to immunity has neither been waived by the state nor abrogated by Congress. a. … Waiver A defendant that establishes that it is an arm of the state is entitled to sovereign immunity unless one of two exceptions applies.

Mattingly v. California Department of Parks and Recreation

District Court, N.D. California · Sep 30, 2024

Mattingly’s Fourth Amendment rights, 1 established as of the date of the incident. 2 “‘Qualified immunity attaches when an official’s conduct does not violate clearly 3 established … The “clearly established” prong of the qualified immunity analysis is 15 a matter of law to be decided by the Court, once factual issues are resolved. Reese v.