Case law

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  • 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

    Cited 0 timesUnknown
  • Beauregard v. Wingard

    230 F. Supp. 167 · District Court, S.D. California · Jun 1, 1964

    . * * In justice to the parties and to the Court, the complaint should be one which clearly states the allegations which plaintiff means it should state, and these allegations should be *170 understood by the parties and … Plaintiff further alleges that defendant Wingard was at all times mentioned in the complaint the duly elected, appointed, qualified and acting Chief of Police of the City of Oceanside; defendant Michaels was at all times

    Questioned by Chamberlain v. Brown, 223 Tenn. 25 (1969)Cited 43 timesPublished
  • Barile

    District Court, S.D. California · Jun 1, 2026

    not violate clearly 4 established statutory or constitutional rights of which a reasonable person would have 5 known.” … “To determine 6 whether qualified immunity applies, we ask whether (1) the plaintiff has plausibly alleged 7 a violation of a constitutional right, and (2) the constitutional right was ‘clearly established’ 8 at the

    Cited 0 timesUnknown
  • Salmen v. Terronez

    District Court, S.D. California · Aug 19, 2024

    Qualified Immunity 12 Additionally, Defendant asserts qualified immunity. See id. … of their conduct was clearly established at the time.’”

    Cited 0 timesUnknown
  • Brown v. Sweetwater Union High School District

    District Court, S.D. California · Feb 18, 2025

    clearly established: 24 It's clearly established in our circuit that public employees are entitled to be free of purposeful workplace harassment on the basis of protected status. … 26 Alternatively, the Trustee Defendants contend they are entitled to qualified 27 immunity.

    Cited 0 timesUnknown
  • Cornwell v. California Board of Barbering & Cosmetology

    962 F. Supp. 1260 · District Court, S.D. California · May 2, 1997

    The distinction is “commonplace in sovereign immunity doctrine.” L. … These two issues are so clearly within the legislature’s prerogative that the Court will not entertain challenges to them.

    Cited 11 timesPublished
  • Williams v. Navarro

    District Court, S.D. California · Mar 29, 2022

    Qualified Immunity 5 “Qualified immunity shields federal and state officials from money damages unless 6 a plaintiff pleads facts showing (1) that the official violated … Defendants argue that they are entitled to qualified 19 immunity because “they did not violate any clearly established constitutional right.” (Mot. 20 at 10.)

    Cited 0 timesUnknown
  • Calhoun v. United States

    475 F. Supp. 1 · District Court, S.D. California · May 26, 1977

    That court held that no representations by Government agents could waive the immunity granted by the Feres Doctrine. … Once this immunity is established it is certain that the individual defendants are also immune from suit.

    Cited 30 timesPublished
  • Monterroso v. City of San Diego

    District Court, S.D. California · Sep 17, 2020

    “Qualified immunity shields 6 government actors from civil liability under 42 U.S.C. § 1983 if ‘their conduct does not 7 violate clearly established statutory or constitutional rights of which a reasonable person 8 … immunity has been criticized, justifiably, as protecting “all officers, no matter how egregious their conduct, if the law they broke was not ‘clearly established.’”

    Cited 0 timesUnknown
  • Guillen

    District Court, S.D. California · Oct 24, 2025

    Qualified Immunity 3 Defendants contend defendant Dominguez is entitled to qualified immunity on all of 4 Plaintiff’s § 1983 claims. ECF No. 8-1 at 30–32. … Second, courts consider “whether that right was clearly 19 established at the time of the incident.” Id.

    Cited 0 timesUnknown
  • Ross v. County of San Diego

    District Court, S.D. California · Mar 27, 2025

    was illegal based on clearly established 20 law, to determine whether the officers are entitled to qualified immunity.7 If it concludes 21 22 … Because the undisputed facts 3 establish that there was no constitutional violation, as required by the first prong of the 4 qualified immunity analysis, the Court need not reach the second “clearly established law”

    Cited 0 timesUnknown
  • Arellano v. Officer Hodge

    District Court, S.D. California · Apr 22, 2020

    Judge Burkhardt 5 also recommends the Court find that Hodge and Velardi are not entitled to qualified 6 immunity because it was clearly established their alleged actions violated the Eighth 7 Amendment, id. at 33–35 … See Akhtar, 698 F.3d at 1213–14. 18 Because there is a material issue of fact whether Hodge violated a clearly established right, 19 qualified immunity is not appropriate. 20

    Cited 0 timesUnknown
  • Bernal v. County of San Diego

    District Court, S.D. California · Apr 25, 2025

    Qualified immunity precludes liability if the officer’s 1 “conduct does not violate clearly established statutory or constitutional rights of which a 2 reasonable person would have known.” Harlow v. … Although qualified 16 immunity is a two-step analysis, the court may analyze just the second step “when no 17 clearly established law shows that the officers’ conduct was unconstitutional.”

    Cited 0 timesUnknown
  • Martinez v. Nienow

    District Court, S.D. California · Dec 20, 2024

    Immunity 6 “The doctrine of qualified immunity protects government officials ‘from liability for 7 civil damages insofar as their conduct does not violate clearly established … Immunity 18 “The doctrine of qualified immunity protects government officials ‘from liability for 19 civil damages insofar as their conduct does not violate clearly established

    Cited 0 timesUnknown
  • Parker v. SDSU Police Dept (SDSUPD)

    District Court, S.D. California · Nov 15, 2022

    Additionally, where a 26 Defendant affirmatively asserts qualified immunity as a defense, “[i]t is the plaintiff who 27 ‘bears the burden of showing that the rights allegedly violated were clearly established’” 28 Shafer … The Court’s prior order considered Plaintiff’s argument that he need 5 not identify any clearly established law to rebut Defendants’ assertion of qualified 6 immunity [see ECF No. 32 at 41-43] and found that

    Cited 0 timesUnknown
  • United States v. Osuna-Picos

    319 F. Supp. 558 · District Court, S.D. California · Sep 16, 1970

    However, if defendant was entitled to immunity from deportation under section 1251(f) on March 28, 1969, he was non-deportable and, consequently, his deportation on that date would have been unlawful and a gross miscarriage … Section 241(f) must be interpreted in light of the process established by the Immigration and Nationality Act for obtaining information from aliens who seek to qualify for entry into the United States.

    Cited 3 timesPublished
  • Edrosa v. Chau

    District Court, S.D. California · Sep 11, 2020

    right that was clearly established 18 at the time of the challenged conduct.” … If not, the officer receives qualified immunity.

    Cited 0 timesUnknown
  • Kauffman v. CallFire, Inc.

    141 F. Supp. 3d 1044 · District Court, S.D. California · Oct 8, 2015

    Am allegation of illegal activity that is subsequently withdrawn serves more to disprove than to prove the illegal nature of the activity, and such an allegation is certainly insufficient to qualify as notice that would give … Defendant CallFire also argues that it is immune from liability under the Communications Decency Act, 47 U.S.C. § 230 . (Doc. No. 38-1 at 27-29.)

    Cited 9 timesPublished
  • Dominguez v. City of Escondido

    District Court, S.D. California · Mar 24, 2022

    The Reese court concluded that 18 “[a]bsent a showing by [plaintiff] that the right was clearly established at the time,” the 19 defendant officer was “entitled to qualified immunity on the Fourth Amendment … May 15, 2018) (finding 25 defendant officer entitled to qualified immunity where plaintiff failed to cite to any 26 existing precedent that clearly established the illegality of the alleged conduct or failed

    Cited 0 timesUnknown
  • San Diego Branch of National Association For The Advancement of Colored People

    District Court, S.D. California · Jun 14, 2022

    “Qualified immunity protects 26 government officials from liability for civil damages unless their conduct violates ‘clearly 27 established statutory or constitutional rights of which a reasonable person would have 28 … In cases where the defense of qualified immunity 2 is raised, the plaintiff must show that “(1) the official violated a statutory or constitutional 3 right, and (2) that the right was clearly established at the time of

    Cited 0 timesUnknown

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