Case law
Opinions from 1658 to today.
2,024 results
0.47s
District Court, S.D. California · Sep 30, 2022
to § 1983 based 6 on the defense of qualified immunity. … Legal Standard 8 “Government officials enjoy qualified immunity from civil damages unless their 9 conduct violates ‘clearly established statutory or constitutional
Cited 0 timesUnknown297 F. Supp. 3d 1107 · District Court, S.D. California · Mar 19, 2018
City of Hermitage , 178 Fed.Appx. 94 , 100 (3d Cir. 2006) (holding that son had not established standing to bring a § 1983 claim based on demolition of his mother's home). See also Shanko v. … Although Peterson said he could not identify which parts of *1120 the structure had been permitted, he said some of the work clearly would not have been approved if permission had been sought.
Cited 19 timesPublishedDistrict Court, S.D. California · Jun 3, 2020
“Qualified immunity shields government actors from civil 22 liability under 42 U.S.C. § 1983 if ‘their conduct does not violate clearly established 23 statutory or constitutional rights of which a reasonable person would … Accordingly, the 10 || Court finds that Defendants’ minimal use of force under the circumstances did not violate 11 |}clearly established law and they are therefore entitled to qualified immunity. 12 Vv.
Cited 0 timesUnknownDistrict Court, S.D. California · Feb 15, 2023
In such 11 cases, qualified immunity shields the official from liability unless “a reasonably well- 12 trained officer in [the defendant’s] position would have known that his affidavit failed to 13 establish probable … DISCUSSION 25 The Court finds that Defendant is entitled to qualified immunity.
Cited 0 timesUnknown964 F. Supp. 1429 · District Court, S.D. California · Apr 30, 1997
Plaintiffs, as the party seeking to invoke jurisdiction, have the burden of establishing that jurisdiction exists. See Kokkonen v. Guardian Life Ins. … If Ms record is not expunged, he will lose his job with WFS; a job for which he is qualified and at wMch he excels.
Cited 3 timesPublished650 F. Supp. 1503 · District Court, S.D. California · Jan 9, 1987
The court held that the decision of the Bonneville Power Administration not to install warning devices “ ‘was clearly the type of decision of an agency which Congress sought to protect from judicial review under the Tort … Once defendant’s negligence has been established, the doctrine of proximate cause may operate to limit liability. Id. at p. 2904.
Cited 8 timesPublishedYoung v. Federal Bureau of Prisons
District Court, S.D. California · Dec 1, 2023
27 2 Nor could the Court meaningfully analyze the FAC against the qualified immunity standard. … As it stands, 28 Plaintiff’s Bivens claims are conclusory and bereft of factual allegations sufficient to establish a violation 1 clearly established law, a defendant pleading qualified immunity is entitled to dismissal
Cited 0 timesUnknown169 F. Supp. 671 · District Court, S.D. California · Dec 30, 1958
Between March and August of 1955, plaintiff invested $31,000 in a newly organized Las Vegas, Nevada, hotel and gambling establishment known as the “Moulin Rouge,” and obtained a 1.70 per cent interest therein. … Long, 1947, 162 F.2d 842 to the *673 effect that § 2410 is only a waiver of sovereign immunity, and does not confer jurisdiction upon the federal courts.
Modified on other grounds by United States v. James R. Coson, 286 F.2d 453 (1961)Cited 18 timesPublished76 F. 146 · District Court, S.D. California · Aug 31, 1896
Complainant, however, cites other constitutional provisions and acts of congress which clearly and indisputably recognize equity powers in the district courts. … Sections 1 and 2 of article 3 of the constitution provide that the judicial power of the United States shall he vested in one supreme court, and such inferior courts as congress may establish, and that such judicial power
Cited 1 timesPublishedSpurlin v. Foster Wheeler Energy Corporation
District Court, S.D. California · Oct 21, 2021
The agency and limiting 18 principles at play in Yearsley therefore suggest that the immunity is akin to qualified 19 immunity, which is “an affirmative defense that should be pled by the defendant.” 20 … The Sixth Circuit in Adkisson 21 concluded the same: “Yearsley immunity is, in our opinion, closer in nature to qualified 22 immunity for private individuals under government contract, which is an issue to be 23 reviewed
Cited 0 timesUnknownThe Estate of Michael Wilson v. County of San Diego
District Court, S.D. California · Jul 10, 2020
“The doctrine of 12 qualified immunity protects government officials ‘from liability for civil damages 13 insofar as their conduct does not violate clearly established statutory or constitutional 14 rights of which … a constitutional 13 violation and clearly established law; Defendants are not entitled to qualified 14 immunity. 15 For the above reasons,
Cited 0 timesUnknown219 F.R.D. 503 · District Court, S.D. California · Nov 14, 2003
LEGAL STANDARDS Work-Product Protection The work-product doctrine is a qualified immunity which protects from discovery documents and tangible things prepared by a party or that party’s representative in anticipation of litigation … Kintera has met its burden of establishing that the witness statements are protected work product.
Cited 13 timesPublished57 F. 206 · District Court, S.D. California · Jul 31, 1893
It appears from the record that the commissioner found from the evidence adduced before him that the defendant is a Chinese person, and a laborer by occupation; that defendant failed to establish, by affirmative proof, to … follows: •‘That any Chinese person or person of Chinese descent arrested under the provisions of this act or the ar1s hereby ex;ended shall be adjudged to be' unlawfully within the United States, unless such person shall establish
Cited 10 timesPublishedDistrict Court, S.D. California · May 27, 2022
The R&R further finds that Paramo 7 is entitled to qualified immunity because the undisputed facts establish that he did not 8 violate any clearly established constitutional rights of Plaintiff. Id. at 18–19. … However, the R&R finds that Zendejas is not entitled to qualified immunity for the 3 claim that she pointed a rifle at Plaintiff, as clearly established law holds that a law 4 enforcement officer pointing a gun at an
Cited 0 timesUnknownQuechan Indian Tribe v. United States
535 F. Supp. 2d 1072 · District Court, S.D. California · Jan 10, 2008
The decision to complete a “categorical exclusion” is clearly grounded in public policy considerations. … Plaintiff fails to demonstrate a similar waiver of immunity for declaratory relief in FTCA cases. See humarse, Inc. v.
Cited 7 timesPublishedSteinmeir v. County of San Diego
District Court, S.D. California · Jan 23, 2020
Qualified Immunity 8 The Ninth Circuit has found that qualified immunity “was conceived as a summary 9 judgment vehicle, and the trend of the Court’s qualified immunity jurisprudence … Clearly Established Right 25 Police officers have qualified immunity from civil liability so long as their conduct 26 does not violate clearly established statutory or constitutional
Cited 0 timesUnknownGarnier v. Poway Unified School District
District Court, S.D. California · Sep 26, 2019
not clearly established 4 when they were blocked. … . ¶ 9), the Garniers’ constitutional right was not yet clearly established. 4 The Garniers also argue qualified immunity does not apply to this case because the 5 doctrine only bars damages and not claims for declaratory
Cited 0 timesUnknownDistrict Court, S.D. California · Jan 13, 2022
) □ 21 Government officials enjoy qualified immunity from civil damages unless their 22 |)conduct violates clearly established statutory or constitutional rights. Jeffers v. … right against retaliatory 21 punishment was clearly established.”
Cited 0 timesUnknownSteinmeir v. County of San Diego
District Court, S.D. California · Jan 16, 2020
Qualified Immunity 8 The Ninth Circuit has found that qualified immunity “was conceived as a summary 9 judgment vehicle, and the trend of the Court’s qualified immunity jurisprudence … Clearly Established Right 25 Police officers have qualified immunity from civil liability so long as their conduct 26 does not violate clearly established statutory or constitutional
Cited 0 timesUnknown480 F. Supp. 1369 · District Court, S.D. California · Dec 13, 1979
The law is well-established that a person acquires a legal “domicile” when he is physically present in a location with the intent to remain for the indefinite future. … Reliance upon the legislative history is clearly justified in this case. The word “inhabitant” is inherently ambiguous, as noted above.
Cited 5 timesPublished
Ask Donna