Case law

Friedman v. Jenkins

District Court, N.D. California · May 29, 2024

Jenkins May Be Entitled to Qualified Immunity. 14 In determining whether qualified immunity applies to an employer in the First Amendment 15 context, the Court considers whether the employee’s First … Amendment rights were clearly 16 established at the time of the conduct.

In Re Pacific Gas & Electric Co.

304 B.R. 395 · District Court, N.D. California · Jan 5, 2004

Waiver Of Sovereign Immunity The Commission “knowingly and expressly” waives all existing and future rights of sovereign immunity, and all other similar immunities, as a defense in any action or proceeding concerning enforcement … While the AG contends the waiver of sovereign immunity improperly extends to other state agencies, the court construes the provisions of the Settlement Agreement and the Plan pertaining to a waiver of sovereign immunity to

E. Bay Sanctuary Covenant v. Trump

349 F. Supp. 3d 838 · District Court, N.D. California · Nov 19, 2018

First, applicants must establish that they qualify as refugees who have left their country "because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular … Citizenship & Immigration Servs. , 732 F.3d 633 , 636 (6th Cir. 2013) ("Given that § 1153(b)(3) expressly provides for issuance of employment visas directly to qualified aliens, it is arguable, to say the least, that a qualified

Association of Mexican-American Educators ("AMAE") v. California

836 F. Supp. 1534 · District Court, N.D. California · Aug 25, 1993

given that the quoted statement appears in the context of a general discussion of Eleventh Amendment immunity. … Plaintiffs’ first amended complaint clearly meets this standard. 12 .

Torres v. California Department of Corrections & Rehabilitation

District Court, N.D. California · Jan 30, 2020

18 “The doctrine of qualified immunity shields officials from civil liability so long as their 19 conduct does not violate clearly established statutory or constitutional rights of which a reasonable 20 person … established.

Juricich v. County of San Mateo

District Court, N.D. California · Jan 29, 2021

would still fail because defendants are 9 entitled to qualified immunity. … (citation omitted); see 18 id. at 950 (declining to reach the first prong of qualified immunity and finding it “sufficient for 19 purposes of qualified immunity merely to conclude that no clearly established law was

Smith v. Mendoza

District Court, N.D. California · Mar 10, 2021

The Court disagrees. 21 The defense of qualified immunity protects “government officials . . . from liability 22 for civil damages insofar as their conduct does not violate clearly established statutory or 23 … Willden, 678 F.3d 991, 1000 (9th Cir. 2012) 12 (qualified immunity analysis requiring (1) determining the contours of the clearly 13 established right at the time of the challenged conduct and (2) examining whether

Johns-Manville Sales Corp. v. United States

622 F. Supp. 443 · District Court, N.D. California · Aug 21, 1985

As discussed below, however, it is not clearly stated how asbestos J-M supplied during World War II caused Robinson harm. … The Supreme Court has said that federal law governs the scope of the federal government’s immunity, therefore any state law on municipal and state government immunity does not apply to suits under the FTCA.

Harvey v. Bank of America, N.A.

906 F. Supp. 2d 982 · District Court, N.D. California · Oct 26, 2012

for credit; and (4) she was denied credit despite being qualified.” … Either way, the face of Plaintiffs pleading establishes that his false light claim is time-barred. Accordingly, the Court DISMISSES that claim with prejudice. I.

Tamrat v. Marlowe

District Court, N.D. California · Jan 24, 2022

Summary judgment is 13 granted for defendants. 14 Qualified Immunity 15 The defense of qualified immunity protects … A court considering a claim of qualified immunity must 23 determine whether the plaintiff has alleged the deprivation of an actual constitutional right 24 and whether such right was clearly established, such that it

Fresenius Medical Care Holding Inc. v. Baxter International, Inc.

224 F.R.D. 644 · District Court, N.D. California · Feb 5, 2004

Fresenius is Ordered not to assert that this response constitutes a waiver of the work product immunity. C. … Thus, Baxter’s assertion that it is not withholding any non-privileged documents is clearly limited by its unilateral designation of relevance.

Sweiha v. County of Alameda

District Court, N.D. California · Jan 28, 2021

App’x 295, 296 (9th Cir. 2020). 4 These facts also preclude qualified immunity for Deputy Edwards. … “‘[T]he doctrine of 5 qualified immunity protects government officials from liability for civil damages insofar as their 6 conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Shumye v. Felleke

555 F. Supp. 2d 1020 · District Court, N.D. California · Apr 4, 2008

The Stipulation entered in the divorce proceedings clearly states that the $49,000 is a settlement of the former couple’s California community property rights and that the settlement was made without prejudice to Plaintiffs … Income Totals Established By Defendant’s Evidence.

Ji v. Sanpaolo

District Court, N.D. California · Oct 23, 2023

Qualified Immunity 14 Qualified immunity is an entitlement, provided to government officials in the exercise of 15 their duties, not to stand trial or face the other burdens … Courts are not required to address the two qualified immunity issues in 2 any particular order, and instead may “exercise their sound discretion in deciding which of the two 3 prongs of the qualified immunity analysis

Reichardt v. Life Insurance Co. of North America

485 F. Supp. 56 · District Court, N.D. California · Aug 22, 1979

In establishing standards for review of congressional legislation enacted under this provision, the Supreme Court in Katzen-bach v. … The Court’s interpretation of the indictment clearly avoids the question whether Congress, by appropriate legislation, has the power to punish private conspiracies that interfere with Fourteenth Amendment rights, such as

Banks v. San Mateo County District Attorney's Office

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

and qualified immunity. … The Court finds the individual 1 the question of qualified immunity. 2 3 A.

Ackerman v. Western Elec. Co., Inc.

643 F. Supp. 836 · District Court, N.D. California · Sep 2, 1986

Under the regulation, to be entitled to relief she must establish that she is a qualified handicapped individual. … On the basis of the test results, applicants were classified as “Better Qualified,” “Basic Qualified” or “Not Qualified.”

Schramm v. CNA Financial Corp. Insured Group Benefits Program

718 F. Supp. 2d 1151 · District Court, N.D. California · Jun 14, 2010

Clark’s conclusion that Plaintiff could perform “light work” did not establish that she could continuously engage in an occupation for which she was qualified. Like Dr. Patti-son, Dr. … However, a court must not consider evidence outside the administrative record unless "circumstances clearly establish that additional evidence is necessary to conduct an adequate de novo review of the benefit decision.”

Doe v. City and County of San Francisco

District Court, N.D. California · Jul 20, 2023

The SFPD’s use of Doe’s DNA “exceed[ed] the scope of the consent given,” which was a clearly established Fourth Amendment violation. United States v. McWeeney, 454 F.3d 1030, 1034 (9th Cir. 2006); see also Fla. v. … But at this early stage, Doe has stated a plausible Fourth Amendment claim for which qualified immunity doesn’t apply.

Alsup v. Montgomery Ward & Co.

57 F.R.D. 89 · District Court, N.D. California · Nov 17, 1972

In Alsup plaintiffs contend that the proposed class qualifies only under subdivision (b)(3). However, in Mullen plaintiff urges that the class qualifies under all three subdivisions. … Thus, these actions do not qualify as (b) (2) class actions.