Case law

In re United States

331 F. Supp. 3d 1112 · District Court, S.D. California · Aug 3, 2018

The weight of the evidence clearly establishes that the crew of the M901 fully complied with the OAM policies and guidelines at all times in their contact with and interdiction of the panga, i.e., the target of interest. … The evidence clearly and convincingly establishes that if the panga driver was not going to stop for emergency lights, siren, and MWS, he was not going to stop for an order given over a loudspeaker.

Carver v. Haynes

37 F. Supp. 607 · District Court, S.D. California · Feb 26, 1941

The theory on which immunity is sustained is that the creator has transmitted to the creature its sovereign immunity. The government withheld such immunity from the Reconstruction Finance Corporation. … Congress intended clearly to limit the liability of the defendant government agencies.

Swanson v. Flores

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

of 4 qualified immunity. … of their conduct was “clearly established at 24 time.”). 25 The judiciary created qualified immunity.

Krangel v. Crown

791 F. Supp. 1436 · District Court, S.D. California · May 4, 1992

Thus, only one of the many cases claimed by defendants as establishing that a pri *1445 vate corporation qualifies as a “person” under § 1442(a)(1) contains discussion of the exact issue at hand. … These cases establish a broad perimeter to what the Ninth Circuit has considered “controlling;” those two early cases clearly extend to cover the question of whether a corporation is a "person.”

Doe v. City of San Diego

313 F. Supp. 3d 1212 · District Court, S.D. California · Mar 16, 2018

Finally, in their opposition Defendants referenced statute of limitations, res judicata and qualified immunity as affirmative defenses. (Opp'n at 3.) … "Qualified immunity shields [government] officials from money damages." Ashcroft v. al-Kidd, 563 U.S. 731 , 735, 131 S.Ct. 2074 , 179 L.Ed.2d 1149 (2011) ; see also Pearson v.

Underwood

District Court, S.D. California · Mar 13, 2026

Keates, 883 F.3d at 1239 (defendant 8 is entitled to qualified immunity if right was not clearly established); Kisela v. 9 Hughes, 584 U.S. 100, 105 (2018) (for a right to be clearly established, its 10 … clearly established rights.

Cockrell v. United States

101 F. Supp. 2d 1291 · District Court, S.D. California · Apr 19, 1999

If so, even under Marsh, that would create an immunity personal only to them, but not to their actual employers, so that the employer of the Decedents would not automatically have the immunity from suit enjoyed by the Decedents … Viewed by this Court, under the special employment factors established by Kowalski , no reasonable trier of fact would find a special employment relationship between the deceased roofer and ABC management.

United States v. Shibley

112 F. Supp. 734 · District Court, S.D. California · May 11, 1953

And when they made refusal to qualify as a witness, and to testify, distinct offenses, they used the words “or refuses to qualify as a witness” etc. … If it were, the immunity could never be denied.

Driver v. Naranjo

District Court, S.D. California · Feb 21, 2025

Qualified Immunity 15 Qualified immunity shields an official from civil-damages liability unless his 16 conduct violated clearly established law of which a reasonable official … But even if a 22 constitutional right was violated, qualified immunity still applies when the constitutional 23 right was not “clearly established” under the particular circumstances. Id. at 200.

United States ex rel. Burroughs v. DeNardi Corp.

167 F.R.D. 680 · District Court, S.D. California · Feb 20, 1996

WAIVER OF WORK-PRODUCT IMMUNITY If the court’s review of the documents in question indeed reveals that the documents are protected from discovery by the work-product immunity, then the court must decide whether plaintiff … If the documents *688 do not qualify as opinion work product, plaintiff has not made the necessary showing required for production of non-opinion work product.

Federal Deposit Insurance v. Fidelity & Deposit Co.

196 F.R.D. 375 · District Court, S.D. California · May 1, 2000

The first sentence of Rule 501 establishes that federal common law generally controls evidentiary privileges in cases arising under federal law. United States v. … Unlike the attorney-client privilege, the work-product doctrine is a procedural immunity and not an evidentiary privilege. Connolly Data Systems, Inc. v.

Salmo v. United States Department of Agriculture

226 F. Supp. 2d 1234 · District Court, S.D. California · Oct 7, 2002

The Statutory Basis of Jurisdiction The United States and its agencies are immune from suit absent a waiver of sovereign immunity. Hodge v. Dalton, 107 F.3d 705, 707 (9th Cir.1997). … The prohibition in § 2021(g)(2)(C) is qualified by the statement that the bar on judicial review is imposed “notwithstanding section 2023 of this title.”

AL Otro Lado, Inc. v. Nielsen

327 F. Supp. 3d 1284 · District Court, S.D. California · Aug 20, 2018

, and to establish the alien's inadmissibility." … The earlier Ayuda opinion determined that "qualified designated entities" ("QDEs") established by IRCA fell outside IRCA's zone of interests because "Congress, at most, intended the QDEs to act as intermediaries, not litigating

Meyer v. County of San Diego

District Court, S.D. California · Mar 11, 2025

to the 20 qualified immunity analysis.” … to the qualified immunity analysis.

Buckley v. Gomez

36 F. Supp. 2d 1216 · District Court, S.D. California · Oct 8, 1997

Qualified Immunity The qualified immunity standard requires a two-step analysis: (1) Was the law governing the official’s conduct clearly established? … Washington, 390 U.S. 333 , 88 S.Ct. 994 , 19 L.Ed.2d 1212 (1968) (per curiam), was clearly established at the time of Plaintiffs allegations.

Hardyman v. Collins

80 F. Supp. 501 · District Court, S.D. California · Oct 4, 1948

The qualifying word “equal” presupposes State action. … And, while the cases intimate that actions might be maintained if the allegations of a complaint showed the specific violation of a right, the cases in which the intimation was made were clearly race discrimination cases

The Estate of Dominique McCoy by and through its Court Appointed Administrator William McCoy v. County of San Diego, et al.

District Court, S.D. California · Apr 27, 2026

immunity doctrine, however, would bar Plaintiff’s claims against 11 the individual defendants unless they violated a “clearly established” constitutional 12 right when they acted. … Lieutenant 11 Tyson is also entitled to qualified immunity on this claim because no case put him 12 on notice that his alleged inaction was contrary to a “clearly established 13 constitutional right.”

Abiding Place Ministries v. Newsom

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

doctrine of qualified 9 immunity. … Instead, Plaintiff contends qualified immunity 4 does not apply “because the right to assemble for Church is a clearly established right” and 5 “it has been clearly established that no government in this nation can interfere

Harper v. Poway Unified School District

545 F. Supp. 2d 1072 · District Court, S.D. California · Feb 11, 2008

in their personal capacities on qualified immunity grounds. … of qualified immunity is not “inextricably intertwined” with the denial of the preliminary injunction motion.

Carlos White Eagle v. City of Escondido, et al.

District Court, S.D. California · Aug 28, 2026

clearly established. … Accordingly, the right 18 was clearly established, and the Defendant Officers are not entitled to qualified immunity. 19 G.