Case law
Opinions from 1658 to today.
4,050 results
1.15s
242 F. Supp. 2d 695 · District Court, N.D. California · Jan 23, 2003
A federal habeas court making the “unreasonable application” inquiry should ask whether the state court’s application of clearly established federal law was “objectively unreasonable.” Id. at 409 , 120 S.Ct. 1495 . … Nor is it clearly established that the Due Process Clause requires such notification.
Cited 4 timesPublishedDistrict Court, N.D. California · Sep 23, 2019
Qualified Immunity as to the Sheriff Deputies 6 Defendants next argue that the sheriff deputies are entitled to qualified immunity as to the 7 second claim because law enforcement officers are permitted … and would therefore be entitled to qualified immunity.”
Cited 0 timesUnknownDistrict Court, N.D. California · Oct 6, 2020
Qualified Immunity 1 the circumstances, he is still protected by qualified immunity. See generally Easley v. … Martin, a pedestrian, did not violate clearly established law on excessive force. 12 Here, Officer Ribeiro primarily relies on the principle that, to overcome qualified immunity, a 13 plaintiff must show that it was
Cited 0 timesUnknownCavagna v. Clearlake Police Department
District Court, N.D. California · Nov 6, 2023
“In evaluating a grant of qualified immunity, a court considers 21 whether (1) the state actor’s conduct violated a constitutional right and (2) the right was clearly 22 established at the time of the alleged misconduct … immunity but cite no authority applying qualified immunity to municipalities (as opposed to individuals).
Cited 0 timesUnknownMonterey Public Parking Corporation v. United States
321 F. Supp. 972 · District Court, N.D. California · Dec 14, 1970
The provision of public parking can clearly be regarded as a burden of local government, and when this is accomplished by private individuals, this burden is lessened within the meaning of Regulation § 1.501(c) (3)-l. … Plaintiff, by its articles of in *977 corporation and by-laws, restricted itself to aiding and assisting the City of Monterey in establishing and operating public parking facilities.
Cited 4 timesPublishedContinental Insurance v. Kawasaki Kisen Kasha, Ltd.
542 F. Supp. 2d 1031 · District Court, N.D. California · Feb 25, 2008
Under COGSA, a shipper can establish a prima facie case by producing a valid bill of lading and showing that the cargo was damaged. … COGSA imposes affirmative duties on carriers and carves out immunities for “uncontrollable losses.”
Cited 1 timesPublishedCordero v. City of San Francisco
District Court, N.D. California · Dec 12, 2022
Qualified Immunity 23 Officers Cotter and Oesterich insist they are at least entitled to qualified immunity. … Under such circumstances, clearly established law 27 precludes officers from utilizing face strikes to handcuff a subject. 1 b.
Cited 0 timesUnknownCalifornia Ex Rel. State Air Resources Board v. Department of the Navy
431 F. Supp. 1271 · District Court, N.D. California · Apr 12, 1977
Hancock explicitly indicates that Section 118 of the Act, 42 U.S.C. § 1857f, establishes the duty of federal installations *1276 to comply with state implementation standards, and that, sovereign immunity notwithstanding, … In addition, the fact that Section 233 preempts state authority to establish or impose any aircraft emission standard is clearly expressed in both the legislative history and the ease law.
Cited 12 timesPublishedJacqueline Lee Valentine v. San Mateo County; Chad Peace; and Daniel Radovich
District Court, N.D. California · Jan 13, 2026
Plaintiff’s SAC resolves the first and third of these 2 deficiencies.1 Plaintiff has clearly identified that she is suing the County of San Mateo, ADA 3 Coordinator Chad Peace in his individual and official capacities … But Plaintiff does not clearly allege that she requested these particular 5 accommodations, only that Defendants did not provide them and that the San Mateo Superior 6 Court “changed its rules to prohibit online ex
Cited 0 timesUnknownDistrict Court, N.D. California · Sep 23, 2019
Qualified Immunity as to the Sheriff Deputies 6 Defendants next argue that the sheriff deputies are entitled to qualified immunity as to the 7 second claim because law enforcement officers are permitted … and would therefore be entitled to qualified immunity.”
Cited 0 timesUnknownDistrict Court, N.D. California · Mar 16, 2026
Qualified Immunity 9 The defense of qualified immunity protects “government officials . . . from liability for 10 civil damages insofar as their conduct does not violate … Once a defendant has raised qualified immunity as a defense to a 13 claim, a plaintiff must show “(1) that the right was violated; and (2) that the right was clearly 14 established at the time of the alleged misconduct
Cited 0 timesUnknown234 F. Supp. 3d 1018 · District Court, N.D. California · Feb 10, 2017
The state defendant promptly invoked sovereign immunity in the new lawsuit. … In Lussier , the Ninth Circuit explained that in determining whether removal was objectively unreasonable, a court should determine “whether the relevant case law clearly foreclosed the defendant’s basis of removal,” taking
Cited 12 timesPublished781 F. Supp. 2d 944 · District Court, N.D. California · Mar 4, 2011
Judgment on the pleadings is proper when the moving party clearly establishes on the face of the pleadings that no material issue of fact remains to be resolved and that it is entitled to judgment as a matter of law.” … The FAA itself does not clearly establish a federal standard of care; the Code of Fed *949 eral Regulations does, but only as applied to “aircraft operators.” 14 C.F.R. § 91.13 .
Cited 18 timesPublishedMatter of Naturalization of 68 Filipino War Vets.
406 F. Supp. 931 · District Court, N.D. California · Dec 1, 1975
In the instant case the record clearly establishes that “all the facts [were] not made facts of record.” Memorandum from Edward J. Shaughnessy to Ugo Carusi, November 9, 1945. … In such a case, however, these political branches must be clearly and resolutely in opposition.
Cited 28 timesPublishedJumpSport, Inc. v. Jumpking, Inc.
213 F.R.D. 329 · District Court, N.D. California · Mar 11, 2003
The sentence in its entirety reads: “Materials assembled in the ordinary course of business, or pursuant to public requirements unrelated to litigation, or for other nonlitigation purposes are not under the qualified immunity … Thus, much of the report consists of clearly discoverable financial information.
Cited 3 timesPublishedLurie Company v. Loew's San Francisco Hotel Corp.
315 F. Supp. 405 · District Court, N.D. California · Jul 27, 1970
In holding the “nerve center” doctrine “clearly inapplicable”, Judge Bonsai said in part: “Indeed, by promptly qualifying in California following incorporation, and failure to qualify in New York, it would appear conclusive … In my opinion these factors clearly establish California as the “place of operations” or place of “day-to-day activities”.
Cited 25 timesPublishedDistrict Court, N.D. California · Apr 13, 2021
Arteaga also argues that Buck is not entitled to summary 3 judgment based on qualified immunity, because the prohibitions against arrest without probable 4 cause or in retaliation for speech are clearly established. … established 10 law, and Buck would not be entitled to qualified immunity.
Cited 0 timesUnknown389 F. Supp. 3d 669 · District Court, N.D. California · May 23, 2019
photographs and videos taken of the tree cluster about one month after the accident and identified a "large, central trunk cavity (significant structural defect) in the lower trunk are of the subject tree revealed by and clearly … Sovereign Immunity, the FTCA, and the Discretionary-Function Exception A district court has no jurisdiction over a lawsuit against the United States unless the United States has waived its sovereign immunity.
Cited 1 timesPublished830 F. Supp. 2d 785 · District Court, N.D. California · Dec 16, 2011
Plaintiffs, Defendant is not at this stage entitled to CDA immunity. … Plaintiffs note that California courts have recognized multiple grounds for awarding restitution, and that Facebook’s actions alleged here qualify for such relief. See McBride v.
Cited 52 timesPublishedStyling Plastics Co. v. Neptune Orient Lines, Ltd.
666 F. Supp. 1406 · District Court, N.D. California · Jul 31, 1987
The bill' of lading, as in this case, may extend certain immunities, exemptions, and limitations to certain non-carriers as long as the bill of lading clearly and expressly extends such COGSA provisions to a non-carrier who … Todd Shipyards Corp., 500 F.2d 361 (9th Cir.1974): “[T]he Herd opinion might be interpreted to mean that a bill of lading, if it clearly and expressly extends a COGSA exemption, immunity or limitation to a non-carrier who
Cited 7 timesPublished
Ask Donna