Case law

BUSHELL-McINTYRE v. Foster

520 F. Supp. 2d 1170 · District Court, C.D. California · Sep 21, 2005

QUALIFIED IMMUNITY BASED ON PROBABLE CAUSE FOR ARREST A claim of qualified immunity requires a two part analysis. … With regard to this second incident, the evidence clearly established that Officer Foster believed that Plaintiff shoved him.

Abney v. Alameida

334 F. Supp. 2d 1221 · District Court, S.D. California · Aug 20, 2004

Qualified Immunity. Defendant claims he is entitled to dismissal based on qualified immunity. … Specifically, Defendant contends that Plaintiff has not established a constitutional violation, but that, even assuming one is now recognized, qualified immunity is appropriate because it . has never been clearly es *1234

Padilla v. Yoo

633 F. Supp. 2d 1005 · District Court, N.D. California · Jun 18, 2009

Qualified Immunity. 1. Legal Standard for a Finding of Qualified Immunity. Yoo also argues that he is entitled to qualified immunity on all claims. … To defeat *1037 qualified immunity, “the right allegedly violated must be defined at the appropriate level of specificity before a court can determine if it was clearly established.” Wilson v.

Rouser v. White

707 F. Supp. 2d 1055 · District Court, E.D. California · Apr 15, 2010

The court held that defendants were entitled to qualified immunity as to plaintiffs other claims for violation of the Establishment Clause. … For example, if the Ninth Circuit were to reverse this court’s decision as to whether Gomez and White are entitled to qualified immunity on the grounds that the law was not clearly established, this decision would not effect

Moore v. City of Oakland

242 F. Supp. 3d 891 · District Court, N.D. California · Mar 16, 2017

Because Plaintiff cannot show that he had a clearly established right to have DNA evidence tested at some earlier point in time, Officer Tirapelli is entitled to qualified immunity on Plaintiffs Section 1983 claim against … Plaintiffs sole argument in opposition to qualified immunity is a non-starter: he contends that it is “clearly established well before- 2012 that a party is not a ‘driver’ of a vehicle unless they are driving the vehicle”

Fireman's Fund Ins. Co. v. City of Lodi, Cal.

41 F. Supp. 2d 1100 · District Court, E.D. California · Feb 25, 1999

First, the court must determine whether the law governing the officials’ conduct was clearly established at the time the officials acted. If the law was not clearly established, qualified immunity applies. … If the law was clearly established, the court must determine whether reasonable officials would have believed that their actions were lawful. If the court so finds, the officials are entitled to qualified immunity.

Jenkins v. County of Orange

212 Cal. App. 3d 278 · California Court of Appeal · Jul 19, 1989

The Hodorowski court established the test for applying qualified immunity to a social worker—the objective reasonableness of the action. (Id., at p. 1214.) … “We think that qualified immunity, not absolute immunity, strikes the better balance between” (id., at p. 1216) the family’s right to privacy and the state’s interest in discovering and preventing child abuse.

Stevenson v. Jones

254 F. Supp. 3d 1080 · District Court, N.D. California · May 30, 2017

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 … To determine whether a government official is entitled to qualified immunity, courts must consider (1) whether the official’s conduct violated a constitutional right, and (2) whether that right was “clearly established” at

Burns v. City of Redwood City

737 F. Supp. 2d 1047 · District Court, N.D. California · Aug 25, 2010

Resolution of the motion involves two questions: whether the force used was excessive, and, if so, whether the three *1058 police officers are nevertheless entitled to qualified immunity either because the law was not clearly … Qualified Immunity 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

Dean v. Fluty

231 F. Supp. 3d 513 · District Court, C.D. California · Feb 2, 2017

Qualified immunity protects police officer defendants from liability for civil damages when performing discretionary functions, unless such conduct violated a clearly established constitutional or statutory right of which … Officer Fluty would be entitled to qualified immunity. The Plaintiff argues that Officer Fluty’s alleged misconduct precludes a finding of qualified immunity.

Rogers v. County of San Joaquin Human Services Agency

363 F. Supp. 2d 1227 · District Court, E.D. California · Dec 10, 2004

In cases such as this, when the constitutional violation depends on an “objective reasonableness” standard similar to that used to establish qualified immunity, the constitutional and qualified immunity *1232 questions become … Alternatively, even if the children were not in immediate danger, defendants contend that they are nevertheless entitled to qualified immunity for the removal because the law was not clearly established as to when children

Myers v. Baca

325 F. Supp. 2d 1095 · District Court, C.D. California · Jul 15, 2004

Qualified immunity is appropriate if the facts, taken in the light most favorable to the party asserting injury, do not show that the officer’s conduct violated a clearly established constitutional right. … Clearly Established Nature of the Right 1.

Hassan v. Mercy American River Hospital

3 Cal. Rptr. 3d 623 · California Supreme Court · Aug 18, 2003

However, I disagree with the majority's conclusion that section 43.8 provides only qualified immunity. … This is demonstrated by the fact that Business and Professions Code section 2318, which clearly creates absolute immunity, concludes with the same sentence.

Treweek v. City of Napa

101 Cal. Rptr. 2d 883 · California Court of Appeal · Dec 4, 2000

was established as a matter of law. { Giannuzzi, supra, 17 Cal.App.4th at pp. 466-467.) … was established as a matter of law.

Adams v. Committee on Judicial Conduct & Disability

165 F. Supp. 3d 911 · District Court, N.D. California · Feb 25, 2016

Thus, Plaintiffs bear the burden of establishing that a waiver of immunity exists. See Levin v. … The Court does not find the relative burdens here so clearly established as to foreclose any further consideration of the merits of the ultra vires exception. .

Lawman v. City & County of San Francisco

159 F. Supp. 3d 1130 · District Court, N.D. California · Feb 5, 2016

Qualified Immunity Defendants also move for summary judgment on Lawman’s wrongful arrest claim on the grounds that they are entitled to qualified immunity. … 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 person

Aguilera v. Baca

394 F. Supp. 2d 1203 · District Court, C.D. California · Sep 15, 2005

Qualified immunity is appropriate if the facts, taken in the light most favorable to the plaintiff, show that the officer’s conduct did not violate a clearly established constitutional right. … Finally, because the law governing Defendants’ conduct was not clearly established at the time, Defendants are entitled to qualified immunity even if their conduct did violate Plaintiffs’ rights.

A.T. v. Dry Creek Joint Elementary Sch. Dist.

316 F. Supp. 3d 1204 · District Court, E.D. California · Jun 19, 2018

Qualified Immunity Lastly, Defendants assert they are entitled to qualified immunity. … The Court therefore must assess whether the right was clearly established. This is "a two-part inquiry: (1) Was the law governing the state official's conduct clearly established?

Fogel v. Grass Valley Police Department

415 F. Supp. 2d 1084 · District Court, E.D. California · Feb 14, 2006

If *1089 so, the court must then decide whether this right was clearly established at the time of the unconstitutional conduct. … The Police Department may not claim the defense of qualified immunity.

New York Times Co. v. Superior Court

51 Cal. 3d 453 · California Supreme Court · Sep 27, 1990

The shield law provides an absolute rather than a qualified immunity. … In light of Delaney , the unpublished photographs at issue in this case are clearly within the scope of the shield law.