Case law

Manlove v. County of San Diego

District Court, S.D. California · May 8, 2025

Defendants’ Qualified Immunity Defense 5 Qualified immunity protects government officials from civil damages … established law.

Arellano v. Ojeda

District Court, S.D. California · Dec 2, 2019

their conduct was ‘clearly established at the time.’” … Clearly Established Law 22 Qualified immunity “protects ‘all but the plainly incompetent or those who 23 knowingly violate the law.’”

Mendez v. Westminister School Dist.

64 F. Supp. 544 · District Court, S.D. California · Feb 18, 1946

It is also admitted by the defendants that the petitioning children are qualified to attend the public schools in the respective districts of their residences. … We think such practices clearly and unmistakably disregard rights secured by the supreme law of the land. Cumming v. Board of Education of Richmond County, supra.

Young v. County of San Diego

District Court, S.D. California · Nov 29, 2021

al-Kidd, 563 U.S. at 735; see Shooter v. 23 Arizona, 4 F.4th 955, 961 (9th Cir. 2021) (“We have discretion to address the clearly 24 established prong of the qualified immunity test first.” … Thus, the Court’s analysis of the 27 Deputy Defendants’ assertion of qualified immunity will begin with the “clearly 28 established” prong. 1 “A government

CLEVITE CORPORATION v. Beckman Instruments, Inc.

257 F. Supp. 50 · District Court, S.D. California · Aug 10, 1966

Plaintiff contended that interrogatory number 57, even in its amended form, fell within the ban of both the attorney-client privilege and the attorney work-produet immunity. … However, were the limited factual type of information which defendant seeks clearly attorney work-product under the circumstances of this case, in the opinion of this Court there exist adequate reasons for requiring its disclosure

Calexico Warehouse, Inc. v. Neufeld

259 F. Supp. 2d 1067 · District Court, S.D. California · Nov 26, 2002

“To bring a case within a statute, a right or immunity created by the Constitution or laws of the United States must be an element, and an essential one, of the plaintiffs cause of action.” Gully v. … Analysis — plaintiff’s motion for summary judgment Calexico contends that the evidence shows that when the visa petition was filed, Villanueva clearly qualified under the applicable statutes to receive a “L” type visa and

Brink v. County of San Diego

District Court, S.D. California · Jul 3, 2024

And so, the Court must turn to the second qualified immunity prong— 9 whether that right was “clearly established at the time of the violation.” Pauluk v. … If not, then 16 the officers are entitled to qualified immunity. See id. 17 The Fourteenth Amendment right to medical care was clearly established at the time 18 of the violation.

Marketing Information Masters, Inc. v. Board of Trustees of the California State University System

552 F. Supp. 2d 1088 · District Court, S.D. California · Feb 5, 2008

The Court in College Savings Bank, found the right to be free from a business competitor’s false advertising and the right to be secure in one’s business interests did not qualify as property rights protected by the due process … To state a claim for conversion under California law, a plaintiff must establish: (1) the plaintiffs ownership or right to possession of certain property; (2) the defendant’s conversion of the property by a wrongful act or

In Re Lindsay-Strathmore Irr. Dist.

21 F. Supp. 129 · District Court, S.D. California · Nov 13, 1937

There the court was considering the immunity of state governmental agencies from federal taxation. … Clearly, they are of the same type as the water and irrigation company which was before the Supreme Court in Ashton v.

Ministry of Defense & Support for the Armed Forces v. Cubic Defense Systems, Inc.

984 F. Supp. 2d 1070 · District Court, S.D. California · Nov 27, 2013

According to MOD, these facts establish its ownership interest by the date established in the Algiers Accord. … The language of § 1605A clearly states that victims have the right to benefit from treating their claim “as if’ it had been filed under the new jurisdictional immunity exception for terrorism.

Pixler II v. City of San Diego

District Court, S.D. California · May 22, 2025

QUALIFIED IMMUNITY OF DOE DEFENDANTS 15 Defendant argues that the Doe Defendants are entitled to qualified immunity because 16 “there was no clearly established law at the time that would … of a constitutional right, which (2) was “clearly 26 established” at the time of the defendant’s alleged misconduct.

Torbert v. Gore

District Court, S.D. California · Jan 31, 2020

clearly established statutory or 24 || constitutional rights of which a reasonable person would have known.” … Eails to Identify Clearly Established Law Before October 2, 2014. 8 “A clearly established right is one that is sufficiently clear that every reasonable . 9 || official would have understood that what he is doing

Baeza

District Court, S.D. California · Oct 14, 2025

2 established” at the time of the incident. 3 “For the purposes of qualified immunity, a right is clearly established if ‘a reasonable 4 officer would recognize that his or her … Cnty. of Lyon, 87 F.4th 383, 388 (9th Cir. 2023). 14 “If a right is not clearly established, the defendant is entitled to qualified immunity. 15 If the right is clearly established, the court determines

Royzman v. Lopez

District Court, S.D. California · Feb 15, 2023

of violating clearly established law. … In other words, if an 20 officer would have violated clearly established law under either the actual facts or the 21 mistaken facts, then qualified immunity does not apply. cf.

Carr v. County of San Diego

District Court, S.D. California · Sep 17, 2021

Further, 2 Plaintiff argues that the Individual Defendants are not entitled to qualified immunity, as it 3 was clearly established by July 2018 “that deputies violated the Fourth Amendment by 4 prolonging Carr’s arrest … They also claim that 23 the remaining Individual Defendants are entitled to qualified immunity because the law is 24 not clearly established as to when an officer has a realistic opportunity to intercede.

Ricotta v. State of California

4 F. Supp. 2d 961 · District Court, S.D. California · Apr 15, 1998

Thus, Meyer cannot be sued given the doctrine of judicial immunity. … Nor has Plaintiff clearly and concisely plead facts to show that the municipality acted deliberately resulting in harm.

Abu v. County of San Diego

District Court, S.D. California · Jun 17, 2022

12 "Government officials enjoy qualified immunity from civil damages unless 13 their conduct violates 'clearly established statutory or constitutional rights of which 14 a reasonable person would have known.'" … Taking these facts as true, the traffic stop clearly violated the 9 law, and Lovejoy does not enjoy qualified immunity.2 10 B.

In Re Immune Response Securities Litigation

375 F. Supp. 2d 983 · District Court, S.D. California · Jun 7, 2005

In fact, it is the T helper cells — the very immune cells that are destroyed by the virus— that appear to re-establish after treatment with REMUNE[.]”... … (B) The May 10, 2000 Press Release Turning to the May 10, 2000 press release, Agouron again fails to establish immunity under the safe harbor provision.

Marquez v. United States

District Court, S.D. California · Jul 6, 2021

Clearly Established Law: Defendant Rodriguez 2 Defendant Rodriguez next seeks dismissal on qualified immunity grounds arguing 3 there is no Supreme Court or Ninth Circuit precedent which clearly establishes … Clearly Established Law: Defendant Kelly 10 Defendant Kelly claims she is entitled to qualified immunity because there is no 11 clearly established Supreme Court or Ninth Circuit precedent

Abiding Place Ministries v. Newsom

District Court, S.D. California · Feb 14, 2023

Qualified Immunity 10 The County Defendants argue Plaintiff has not pleaded a violation of any clearly 11 established right, therefore, the FAC should be dismissed under … Instead, Plaintiff 7 contends qualified immunity does not apply “because the right to assemble for Church is a 8 clearly established right” and “it has been clearly established that no government in this 9 nation can