Case law

Lucas v. County of San Diego

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

Defendant’s Qualified Immunity Defense 19 Defendants argue that Gustafson is entitled to qualified immunity from liability 20 because his alleged conduct did not violate clearly established law … No. 8-1 at 18.] 21 Qualified immunity shields government actors from civil liability under 42 U.S.C. § 1983 22 if “their conduct does not violate clearly established statutory or constitutional rights of 23 which a

Kennedy v. Retail Clerks Union Local 324

194 F. Supp. 131 · District Court, S.D. California · May 12, 1961

The handbills distributed by the pickets, which were made available to employees, stated clearly that the appeal was to the public “not to patronize”. … We should not destroy that immunization by an interpretation which disregards its scope, as defined by the Supreme Court. National Labor Relations Board v.

California Ex Rel. State Department of Public Works v. United States Ex Rel. Federal Department of Interior

146 F. Supp. 341 · District Court, S.D. California · Nov 16, 1956

But the statute requires a negligent act.’ * * * Clearly, then, the basic principle relied on below may not now be applied.” … S. * * * establishes the applicability of the exception to the present cases.” Plaintiff, in its memorandum, relies upon the case of Ure v. U. S., 93 F.Supp. 779 .

Woodward v. County of San Diego

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

Plaintiffs respond that Deputy Stratton is not entitled to qualified immunity because 26 his conduct violated Woodward’s clearly established constitutional rights. … “Defendants are only entitled to qualified 4 immunity as a matter of law if, taking the facts in the light most favorable to [the plaintiff], 5 they violated no clearly established constitutional right.” Torres v.

Ayala v. Ayers

668 F. Supp. 2d 1248 · District Court, S.D. California · Nov 9, 2009

Because Hart’s book qualifies as an investigative book, Hart can invoke the journalist’s privilege with respect to the manuscript. However, the journalist’s privilege is qualified, not absolute. … exhaustion of all reasonable alternative sources; (2) noncumulative; and (3) clearly relevant to an important issue in the case.

TDY Holdings, LLC v. United States

372 F. Supp. 3d 1091 · District Court, S.D. California · Mar 1, 2019

. § 9607 "when it qualifies an owner or operator of a facility, an arranger of waste disposal, or an entity that accepts waste for treatment or disposal. *1095 Otherwise, it is not liable and it maintains its sovereign immunity … Consequently the United States has sovereign immunity from liability for any contamination that occurred after 1979. Id. at 1014.

Gallegos v. Seeley

District Court, S.D. California · Jan 27, 2020

Similarly, if the Court determines that the right at 9 issue was not clearly established at the time of the defendant’s alleged misconduct, the 10 court may end further inquiries concerning qualified immunity without … “Qualified immunity 23 attaches when an official’s conduct does not violate clearly established statutory or 24 constitutional rights of which a reasonable person would have known.”

Greer v. County of San Diego

District Court, S.D. California · Mar 1, 2023

Supervisory Defendants’ Qualified Immunity 27 Supervisory Defendants argue that qualified immunity shields them from Plaintiff’s 28 Section 1983 claims because clearly established law did not … If the right is not clearly established, the defendant is entitled to qualified 19 immunity. Lawrence v. U.S., 340 F.3d 952, 955 (9th Cir. 2003) (citing Creighton, 483 20 U.S. at 641).

The Estate of Elisa Serna v. County of San Diego

District Court, S.D. California · Mar 18, 2022

right was not clearly 3 established at the time of the misconduct. … And it has been clearly established since at least 12 2014 that this rule applies to jail nurses.

Schwartz v. the Upper Deck Co.

956 F. Supp. 1552 · District Court, S.D. California · Mar 11, 1997

If recovery of gambling losses were barred, then illegal gambling operations would be immune from civil liability. … There were no cases found on point in New Jersey interpreting what activities qualify as an illegal lottery.

Yoshiro Shibata v. Acheson

86 F. Supp. 1 · District Court, S.D. California · Sep 30, 1949

The Military Service Law of Japan Article 1: Male subjects of the Empire shall serve in the military service as established in this law. … That plaintiff has been continuously at all times since birth, and is now, a national and a citizen of the United States ■lawfully entitled to all of the rights, privileges and immunities of such citizenship. IV.

Wilson v. Unknown Oceanside Police Officers

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

Legal Standards 14 “The doctrine of qualified immunity shields officials from civil liability so 15 long as their conduct does not violate clearly established … Defendants are entitled to qualified 7 immunity.

United States v. DeBetham

348 F. Supp. 1377 · District Court, S.D. California · Sep 8, 1972

the courts in determining whether a particular proposed expert was qualified to testify at trial. … In the Court’s opinion, a qualified examiner can be adequately identified without consuming more court time than is presently necessary to qualify any physician or psychiatrist, and an incompetent examiner can be discovered

Moriarty v. County of San Diego

District Court, S.D. California · Sep 23, 2020

But what a reasonable 17 officer in Weidenthaler’s position would have done in response goes to the heart of 18 qualified immunity. … The remainder would have no effect on qualified immunity, which was the 2 || basis of the Court’s ruling.

Ollier v. Sweetwater Union High School District

604 F. Supp. 2d 1264 · District Court, S.D. California · Mar 30, 2009

The party moving for summary judgment bears the initial burden of establishing the absence of a genuine issue of material fact. Celotex, 477 U.S. at 323 , 106 S.Ct. 2548 . … from negligent misrepresentation, eleventh amendment immunity, qualified immunity and reservation of additional affirmative defenses.

Ramsey

District Court, S.D. California · May 6, 2026

Finally, Defendant contends that she is entitled to 4 qualified immunity. … Qualified Immunity 12 “The doctrine of qualified immunity protects government officials from liability 13 for civil damages insofar as their conduct does not violate

Justino Rupard v. County of San Diego

District Court, S.D. California · Aug 21, 2024

“This ‘clearly established law’ test requires more than an 14 alleged ‘violation of extremely abstract rights.’” … Aug. 3, 2021). 6 In light of the Ninth Circuit case law clearly recognizing children’s rights to familial 7 association, the Court does not find qualified immunity bars liability of the individual 8 Defendants

Arenas v. United States

140 F. Supp. 606 · District Court, S.D. California · Apr 27, 1956

It is unnecessary however to distinguish these decisions, since the cases *610 at bar clearly fall within the above-quoted exception stated in the West opinion. … The State also presents a motion to establish a lien for “personal income taxes for the years 1947, 1948 and 1949” allegedly due from Lee Arenas under California’s Personal Income Tax Law. Cal. Rev. & Tax Code, § 18882.

United States v. State of California

208 F. Supp. 861 · District Court, S.D. California · Sep 14, 1962

And since the cause of action here asserted by the Federal Government accrued in November of 1957, California would be clearly immune from suit under the circumstances alleged, had the action been brought by a private individual … immunity in the plan of the convention’ ”.

United States v. Sam Ellis Stores, Inc.

768 F. Supp. 286 · District Court, S.D. California · May 1, 1991

Subsection (c)(4) [of § 7430] clearly states: “The term ‘position of the United States’ includes (A) the position taken by the United States in the civil proceeding, and (B) any administrative action or inaction by the District … [T]he exception for “limited availability of qualified attorneys for the proceedings involved” must refer to attorneys “qualified for the proceedings” in some specialized sense, rather than just in their general legal competence