Case law

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  • Koistra v. Cnty. of San Diego

    310 F. Supp. 3d 1066 · District Court, S.D. California · Apr 19, 2018

    Qualified Immunity Defendant Vail asserts the affirmative defense of qualified immunity applies to him. Plaintiff opposes. … Mendoza , 27 F.3d at 1361 (affirming district court's denial of qualified immunity where law was clearly established, but officer's conduct was not objectively reasonable).

    Cited 12 timesPublished
  • The Estate of Dominique McCoy v. County of San Diego

    District Court, S.D. California · Jun 16, 2025

    19 For qualified immunity, Defendants contend that Plaintiff has not identified a 20 clearly established constitutional right. … clearly 4 established federal law.”); Borja v.

    Cited 0 timesUnknown
  • Jones v. Pollard

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

    “Government officials enjoy qualified immunity from civil damages 21 unless their conduct violates ‘clearly established statutory or constitutional rights of 22 which a reasonable person would have known.’” … Second, 27 the Court must determine whether the right was clearly established.

    Cited 0 timesUnknown
  • James v. Lee

    District Court, S.D. California · Aug 1, 2020

    Qualified Immunity 21 “Qualified immunity attaches when an official’s conduct does not violate clearly 22 established statutory or constitutional rights of which a reasonable … “Qualified immunity attaches when an official’s conduct does not violate 17 clearly established statutory or constitutional rights of which a

    Cited 0 timesUnknown
  • Emmons v. City of Escondido

    168 F. Supp. 3d 1265 · District Court, S.D. California · Mar 2, 2016

    Qualified Immunity The Supreme Court recently summarized the doctrine of qualified immunity. … conduct is clearly established.”

    Cited 3 timesPublished
  • Nelson v. Giurbino

    395 F. Supp. 2d 946 · District Court, S.D. California · Oct 20, 2005

    Relying on these cases and decisions, Plaintiff asserts that his constitutional right to access internet generated materials was clearly established and concludes that Defendants are not entitled to qualified immunity. … Since Plaintiffs fails to allege a violation of a clearly established constitutional right, the Court finds that Defendant Grannis is entitled to qualified immunity. 3.

    Cited 29 timesPublished
  • Shane v. County of San Diego

    District Court, S.D. California · Jun 16, 2023

    If a right is not clearly established, the defendant is 8 entitled to qualified immunity. Lawrence v. U.S., 340 F.3d 952, 956 (9th Cir. 2003). … Cty. of Santa Barbara, 868 F.3d 1110, 1117 (9th Cir. 2017) (holding that qualified 4 immunity applies if no clearly established law exists on the issue); see also White, 580 U.S. 5 at 79 (noting that clearly established

    Cited 0 timesUnknown
  • Wheeler v. Marengo

    District Court, S.D. California · Nov 13, 2019

    Appx. 647, 649 (9th Cir. 2007) (“The law in this circuit 6 is clearly established that ‘a prison official acts with deliberate indifference when he 7 ignores the instructions of the prisoner’s treating physician … Defendants’ Entitlement to Qualified Immunity 8 The Supreme Court has set forth a two-part analysis for resolving government 9 officials’ qualified immunity claims. See Saucier v.

    Cited 0 timesUnknown
  • Reynolds v. County of San Diego

    224 F. Supp. 3d 1034 · District Court, S.D. California · Oct 3, 2016

    Plaintiffs argue Defendant Bryson’s claim of qualified immunity should be defeated because she should have known that her actions violated the Plaintiffs’ clearly established rights. … In the Ninth Circuit, courts assess qualified immunity using a two-part analysis: “1) Was the law governing the official’s conduct clearly established?

    Cited 5 timesPublished
  • Nelson v. Silverman

    888 F. Supp. 1041 · District Court, S.D. California · Jun 6, 1995

    The Bothke court merely assumed that there is a clearly established right of freedom from abusive tax collection activities for the purposes of dealing with a qualified immunity issue. … A defendant would be immune from suit if he could establish that his actions were objectively reasonable by reference to clearly established law. Harlow v.

    Cited 2 timesPublished
  • Martin v. City of Oceanside

    205 F. Supp. 2d 1142 · District Court, S.D. California · Jun 7, 2002

    However, the Court finds that the officers are entitled to qualified immunity because their conduct did not violate a clearly established right of plaintiffs. … Therefore, the officers did not violate a clearly established right of plaintiffs. The *1153 officers are entitled to qualified immunity as to this claim. 3.

    Cited 1 timesPublished
  • Price v. County of San Diego

    990 F. Supp. 1230 · District Court, S.D. California · Jan 8, 1998

    immunity. 23 Qualified immunity protects government officials from lawsuits based on their conduct in situations in which they exercise discretion, insofar as their conduct does not violate clearly established rights. … If the right was not clearly established, then the deputies are entitled to qualified immunity. See Romero v. Kitsap County, 931 F.2d 624, 629 (9th Cir.1991).

    Cited 41 timesPublished
  • Robinson v. City of San Diego

    954 F. Supp. 2d 1010 · District Court, S.D. California · May 28, 2013

    clearly established at the time of the conduct at issue. … Specific binding precedent is not required to show that a right is clearly established for qualified immunity purposes.

    Cited 5 timesPublished
  • Estate of Adkins , by and through Adkins v. County of San Diego

    384 F. Supp. 3d 1195 · District Court, S.D. California · Jun 7, 2019

    Qualified Immunity Defendants argue that officers Vianzon and Perine are entitled to qualified immunity. (Doc. No. 52-1 at 14-17.) Plaintiff argues that the officers' actions violated clearly established law. (Doc. … Moreover, with respect to Beaver , the Court may "look to whatever decisional law is available to ascertain whether the law is clearly established for qualified immunity purposes." Boyd v.

    Cited 4 timesPublished
  • Norwood v. Woodford

    583 F. Supp. 2d 1200 · District Court, S.D. California · Sep 5, 2008

    The defense of qualified immunity protects “government officials ... from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … “If the law did not put the officer on notice that his conduct would be clearly unlawful,” a finding of qualified immunity is appropriate, as “qualified immunity protects ‘all but the plainly incompetent or those who knowingly

    Cited 3 timesPublished
  • Victoria v. City of San Diego

    326 F. Supp. 3d 1003 · District Court, S.D. California · Sep 5, 2018

    In suits under § 1983, qualified immunity "shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged … In general, the doctrine of qualified immunity protects government officials "from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

    Cited 23 timesPublished
  • North

    District Court, S.D. California · Nov 17, 2025

    App’x 490, 493 (9th 4 Cir. 2017) (internal quotation marks omitted) (concluding defendants were entitled to 5 qualified immunity because it was not clearly established that depriving prisoner of a 6 mattress or bed … Mandeville, 706 F.3d 7 1052, 1060 (9th Cir. 2013) (finding defendants entitled to qualified immunity because it 8 was not clearly established that mattress deprivation for seven days violated Eighth 9 Amendment

    Cited 0 timesUnknown
  • Evans v. City of San Diego

    913 F. Supp. 2d 986 · District Court, S.D. California · Dec 19, 2012

    “Government officials performing discretionary functions are entitled to qualified immunity from damages if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … For example, “qualified immunity is available if a reasonable police officer could have believed that his ... conduct was lawful, in light of the clearly established law- and the information” possessed by the officer at the

    Cited 6 timesPublished
  • Davis v. Powell

    901 F. Supp. 2d 1196 · District Court, S.D. California · Oct 4, 2012

    Qualified Immunity All of the Defendants argue they are entitled to qualified immunity from liability on the First and Fourteenth Amendment claims because they did not violate clearly established constitutional law, and they … Castro, 621 F.3d at 1199 (stating that courts can grant qualified immunity on the basis of the clearly established prong alone) (citing Rowlands, 606 F.3d at 651 ).

    Cited 48 timesPublished
  • Perez v. United States

    103 F. Supp. 3d 1180 · District Court, S.D. California · May 1, 2015

    Government officials are entitled to qualified immunity unless the plaintiff can allege the violation of a “clearly established” constitutional right. Pearson v. … Defendant Fisher "moves to dismiss the SAC, but only as to the clearly-established prong of qualified immunity....” (ECF No. 65-1 at 9). .

    Cited 9 timesPublished

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