Case law

Munoz

District Court, D. Oregon · Nov 14, 2025

immunity defense1). … Munoz responds to each of Bugher’s individual capacity arguments on the merits. 1 Officials sued in their official capacities are not entitled to a qualified immunity defense. See Brandon v.

Gaskey v. Juhas

District Court, D. Oregon · Apr 3, 2025

To qualify for judicial immunity, a judge must have performed judicial acts within the scope of his or her jurisdiction. Stump v. Sparkman, 435 U.S. 349, 356-57 (1978). … The allegations in this case establish that Judge Juhas is a California state court judge who is presiding over a case in which Plaintiff is a party.

A.F. v. Evans

District Court, D. Oregon · Dec 30, 2022

At oral argument, Judge Sullivan commented “I don’t think defendants have a very strong case on qualified immunity. I think this case is going to go to trial.” Rizzo Decl. ¶ 89. … As noted, Defendants had much a different view of the evidence and the law on qualified immunity.

Mora-Contreras v. Peters

District Court, D. Oregon · Apr 30, 2020

to prison officials, was not clearly established at the time of the alleged offense. … established at the time of the events in question and therefore Defendants are entitled to qualified immunity.

Hentz v. Gruenwald

District Court, D. Oregon · Jun 5, 2020

McCollum, 647 F.3d at 882. 9 - OPINION AND ORDER Defendants also assert qualified immunity on all claims … I am not inclined to find qualified immunity absent a more developed record and argument relevant to the specific circumstances presented by plaintiff’s claim. District of Columbia v. Wesby, 138 S.

Yeakle v. City of Portland

322 F. Supp. 2d 1119 · District Court, D. Oregon · Feb 26, 2004

Cole, 504 U.S. 158, 166, 169 , 112 S.Ct. 1827 , 118 L.Ed.2d 504 (1992), the Supreme Court, in rejecting qualified immunity for private defendants, specifically left open the question of whether private defendants who had … no entitlement to qualified immunity, could assert good faith and/or probable cause as an affirmative defense.

Smith v. City of Dalles

District Court, D. Oregon · Jun 4, 2021

Defendants’ argument is rejected because clearly established law for qualified immunity does not require the same facts. … Holloway, 510 U.S. 510, 514-16 (1994) (holding that the appellate court must review qualified immunity judgment de novo and resolve whether the federal right was clearly established in light of “its full knowledge of its

Maher v. United States

23 F. Supp. 810 · District Court, D. Oregon · Jun 16, 1938

This phrase was used not to make a dichotomy between these types of service, but to mark clearly the all embracing purpose of Congress. … must go further and find whether or not the applicant qualifies under Section 307.

Nixon

District Court, D. Oregon · Dec 2, 2025

Third and finally, a court must dismiss a complaint on immunity grounds once it has "sufficient information to make a determination" that defendants are entitled to absolute or qualified immunity. Chavez v. … Sept. 25, 2025) (holding that a claim arising out of a judge's "decision not to set aside [the plaintiff's] child support judgment[] is clearly barred by judicial immunity").

Olympia Sauna Compania Naviera, S.A. v. United States

670 F. Supp. 1498 · District Court, D. Oregon · Apr 14, 1987

The amendments’ effect was to extend the waiver of sovereign immunity under the FTCA to cases brought against the United States under the SIAA. United States v. … It states that the Manual did not establish standards for the new grid system, but rather it was one of the Manual’s purposes to establish such standards.

Lakhouiri v. Wolke

District Court, D. Oregon · Aug 13, 2024

Although the Complaint is somewhat unclear, Plaintiff clearly is dissatisfied with the result of child custody proceedings that occurred in state court. … That absolute immunity applies not only to judges, but also “for advocates and witnesses” involved in the proceedings. Id.

In re Schatz

161 F. 237 · District Court, D. Oregon · Apr 7, 1908

period of at least one year immediately preceding the date of the filing of his peti *238 tion; that they each have personal knowledge that the petitioner is a person of good moral character, and that he is in every way qualified … I do not see how the government can be prejudiced by such a practice, and it is clearly in consonance with the plainest and simplest interpretation of the statute.

Walden v. United States

District Court, D. Oregon · Apr 4, 2025

Plaintiff has established that she has minimal income and assets. Accordingly, the Court grants her application for leave to proceed in forma pauperis. … Accordingly, Plaintiff’s claims against the United States are “clearly baseless” and must be dismissed. Denton, 504 U.S. at 33. B.

Sullivan v. Multnomah County

District Court, D. Oregon · Sep 17, 2021

immunity from damages for 16 civil liability if his conduct does not violate clearly established federal statutory or 17 constitutional rights of which a reasonable person would have known. … a prisoner’s clearly 18 established rights.

Payne-Rana

District Court, D. Oregon · Feb 4, 2026

Finally, even if Payne-Rana could establish a genuine issue for trial on his claims against Defendants, they would be immune from suit under the doctrine of qualified immunity. … Robbins, 136 F.4th 933, 938 (9th Cir. 2025) (first step in assessing qualified immunity is whether “the plaintiff has plausibly alleged a violation of a constitutional right”).

Polk v. Director of the Dept. of Consumer and Business Services

District Court, D. Oregon · May 7, 2025

Minnesota, Montana, Nevada, New Hampshire, New Jersey, North Carolina, North Dakota, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Virginia, West Virginia, Wisconsin, and Vermont, a non-resident title agency qualified … The moving party has the burden of establishing the absence of a genuine dispute of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986).

Novins v. United States acting through the Department of Health and Human Services.

District Court, D. Oregon · Sep 25, 2023

The alleged tortious conduct here, however, is not so far removed from medical services that it cannot qualify as related conduct. … The establishment, promulgation, and enforcement of policies, including establishing priorities, assigning resources, making budget decisions, and assigning personnel, also generally fall within the discretionary function

Flores v. ODOC

District Court, D. Oregon · Nov 3, 2023

“To prevail on a Section 504 claim, a plaintiff must establish that (1) [the plaintiff] is an individual with a disability; (2) [the plaintiff] is otherwise qualified to receive a certain benefit; (3) [the plaintiff] … June 1, 2023) (dismissing disability discrimination claim under Oregon law because the “plaintiff neglects to allege facts establishing she is a qualified individual with a disability”), findings and recommendation adopted

Haber v. City of Portland

District Court, D. Oregon · Dec 4, 2020

Qualified immunity shields government officials from civil liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … To determine whether a government actor is entitled to qualified immunity, the court evaluates, in no particular order, whether: (1) the alleged misconduct violated a right; and (2) that right was clearly established at

Clark v. Wells Fargo Bank

District Court, D. Oregon · Mar 31, 2021

Defendants contend that these claims are barred by the statute of limitations, prosecutorial and qualified immunity, claim and issue preclusion, and the Rooker- Feldman doctrine. … This conduct may be characterized as part of Hasselman’s “administrative or investigative functions,” which fall outside the scope of prosecutorial immunity and for which “only qualified immunity is available.”