Case law

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  • United States v. Deleon-Torres

    762 F. Supp. 2d 1209 · District Court, S.D. California · Jan 10, 2011

    Section 1255® expired on April 30, 2001, and its benefits are now available only to aliens who qualify as having been “grandfathered” into the provision. … CONCLUSION Defendant has not established a plausible claim for relief for adjustment of status, § 212(h) waiver, or voluntary departure.

    Cited 0 timesPublished
  • Spalding v. United States

    17 F. Supp. 957 · District Court, S.D. California · Jan 16, 1937

    The distinction grew out of the doctrine of the immunity of the sovereign from suit. … Whatever the true origin of the doctrine, it is firmly established in American law.

    Cited 6 timesPublished
  • Limpin v. State of California

    District Court, S.D. California · May 2, 2023

    State officials are entitled to qualified immunity from 3 suits for damages “insofar as their conduct does not violate clearly established statutory 4 or constitutional rights of which a reasonable person would have known … a 8 constitutional right; and (2) if so, whether the right was clearly established in light of the 9 specific context of the case.”

    Cited 0 timesUnknown
  • Williams v. Navarro

    District Court, S.D. California · Feb 9, 2022

    Qualified Immunity. 18 Defendants argue they are entitled to qualified immunity in this case, because it 19 was not clearly established that plaintiff’s “bare” requests … (Citation omitted.) 19 Qualified immunity is applicable unless the official’s conduct violated a clearly 20 established constitutional right.”

    Cited 0 timesUnknown
  • Serna v. Madden

    District Court, S.D. California · Oct 13, 2023

    Memo of P&As at 17. 7 “Government officials enjoy qualified immunity from civil damages unless their 8 conduct violates ‘clearly established statutory or constitutional rights of … Similarly, if the Court determines that the right at 22 issue was not clearly established at the time of the defendant’s alleged misconduct, the 23 court may end further inquiries concerning qualified immunity without

    Cited 0 timesUnknown
  • Atlantic & P. R. v. United States

    76 F. 186 · District Court, S.D. California · Aug 11, 1896

    And a uniform gauge shall be established throughout the entire length of the road. … In another place the same distinguished jurist enunciated the rule as follows: “Grants of immunity from legitimate governmental control are never to be presumed.

    Cited 4 timesPublished
  • Suarez v. County of San Diego

    District Court, S.D. California · Feb 16, 2021

    Qualified Immunity 22 Defendant Keene contends that she is entitled to qualified immunity because her 23 alleged conduct did not violate clearly established law. … Plaintiff contends that qualified 27 immunity cannot shield Defendant Keene from liability because Defendant Keene violated 28 Plaintiff’s clearly established right pursuant to the Fourteenth Amendment.

    Cited 0 timesUnknown
  • Price v. La Mesa, City of

    District Court, S.D. California · Mar 6, 2020

    When 27 considering a claim for qualified immunity, courts consider: (1) whether the facts show 28 that the defendant violated a constitutional right and (2) whether the right was clearly 1 established at the time of … Under the second 11 prong of the qualified immunity test, the Court must determine whether Plaintiff’s rights 12 against excessive force were clearly established at the time of the alleged misconduct.

    Cited 0 timesUnknown
  • Kailikole v. Palomar Cmty. Coll. Dist.

    384 F. Supp. 3d 1185 · District Court, S.D. California · Apr 26, 2019

    App. 2007) (applying the test established in McDonnell Douglas Corp. v. Green , 411 U.S. 792 , 802, 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973) ). … To establish a prima facie case of disability discrimination, the Plaintiff must show: (1) she suffers from a disability; (2) she was otherwise qualified to do the job; and (3) she was subjected to an adverse employment action

    Cited 3 timesPublished
  • Bona Fide Conglomerate, Inc. v. SourceAmerica

    377 F. Supp. 3d 1093 · District Court, S.D. California · Mar 26, 2019

    It argues that Bona Fide can establish breach only if it can show that it was the "best qualified" NPA for each Opportunity at issue, and that SourceAmerica had chosen a different NPA in spite of its qualifications. … As a result of these incorrect assumptions, SourceAmerica concludes that there is no breach unless Bona Fide can establish that it had been the best qualified NPA for all of the 11 Opportunities in dispute, and that SourceAmerica

    Cited 0 timesPublished
  • Silver v. Jordan

    241 F. Supp. 576 · District Court, S.D. California · Jun 1, 1965

    They establish the existence of “malapportionment” in California Senate election districts, on the facts present before us. … Carr, supra, where the majority in citing MacDougall did not give their approval, but rather clearly disapproved it, for the court stated: “In MacDougall v.

    Cited 14 timesPublished
  • Schmidt v. County of San Diego

    District Court, S.D. California · Sep 26, 2024

    Qualified Immunity 14 Defendants argue they are entitled to qualified immunity because the … right, and (2) the right was “clearly established” when the misconduct occurred.

    Cited 0 timesUnknown
  • Arellano, Jr. v. Dean

    District Court, S.D. California · Mar 10, 2020

    Thus, if “every ‘reasonable official would have understood that 14 what he is doing violates that right,’” then the right is clearly established, and qualified 15 immunity does not provide a defense. … Dean was deliberately indifferent 13 to his serious medical need in violation of the Eighth Amendment, and that this violation 14 was clearly established making qualified immunity inappropriate.

    Cited 0 timesUnknown
  • United States v. Certain Parcels of Land

    131 F. Supp. 65 · District Court, S.D. California · May 3, 1955

    Justice Frankfurter, in noting the “chilly feeling against sovereign immunity”, recently observed for the Court that “even the immunity enjoyed by the United States as territorial sovereign is a legal doctrine which has not … Here, Muench and Mead did no more than accept Outer Harbor’s offer, which was clearly within the scope of their express, albeit limited, authority.

    Cited 18 timesPublished
  • Mora v. Montgomery

    District Court, S.D. California · Jan 29, 2025

    from civil 2 liability under the doctrine of qualified immunity. … Government officials are entitled to 3 qualified immunity unless “(1) they violated a federal statutory or constitutional right, 4 and (2) the unlawfulness of their conduct was ‘clearly established at the time.’”

    Cited 0 timesUnknown
  • Pekrins v. Angulo

    District Court, S.D. California · Mar 12, 2021

    P&As, ECF No. 70 at 21.) 9 “Government officials enjoy qualified immunity from civil damages unless their 10 conduct violates ‘clearly established statutory or constitutional rights of which … “Qualified immunity attaches when an 13 official’s conduct does not violate clearly established statutory or constitutional rights of 14 which a reasonable person would have known.” Kinsela v.

    Cited 0 timesUnknown
  • Turley v. Laqunas

    District Court, S.D. California · Oct 15, 2024

    MSJ at 16 15-20. 17 Alternatively, Laqunas claims he is entitled to qualified immunity because “it is not clearly 18 established that a reasonable … , there is no 10 necessity for further inquiries concerning qualified immunity.”

    Cited 0 timesUnknown
  • Thomas v. Aguilar

    District Court, S.D. California · Aug 12, 2024

    Qualified Immunity 12 Aguilar argues he is entitled to qualified immunity because he “acted reasonably by 13 immediately acting to have Plaintiff’s toilet fixed.” Dkt. … ‘clearly established at the time.’”

    Cited 0 timesUnknown
  • Mora v. Chem-Tronics, Inc.

    16 F. Supp. 2d 1192 · District Court, S.D. California · Jul 1, 1998

    Since Javier, Jr.’s, form of meningitis was uncommon in patients with normal immunity he was tested for HIV. On September 22, 1994, he was diagnosed as HIV positive. … in assisting families, by establishing a minimum labor standard for leave.

    Cited 159 timesPublished
  • Ramsey v. Corronado

    District Court, S.D. California · Apr 22, 2024

    Qualified Immunity and Eleventh Amendment Immunity 2 Defendants contend they are entitled to qualified immunity because Plaintiff has 3 not sufficiently alleged they committed a constitutional … “To determine whether a government official is entitled to 7 qualified immunity, we ask two questions: whether the official violated a statutory or 8 constitutional right, and whether that right was clearly established

    Cited 0 timesUnknown

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