Case law

Warren v. Marcus

78 F. Supp. 3d 1228 · District Court, N.D. California · Jan 29, 2015

Qualified Immunity Defendant also moves for summary judgment on Plaintiffs wrongful arrest claim on the grounds that he is 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

County of Sacramento v. Superior Court

209 Cal. App. 4th 776 · California Court of Appeal · Sep 4, 2012

Ley also noted that the immunity at issue was not qualified in any manner, which distinguished it from immunities expressly limited in scope. (Id. at pp. 1303-1304.) … In Storch, supra, 186 Cal.App.3d at pages 678 to 680, the court held that absolute immunity was essential for reporters of suspected child abuse, because it is too easy to plead around a qualified immunity and there would

Salazar v. Burresch

47 F. Supp. 2d 1105 · District Court, C.D. California · Apr 28, 1999

An officer is entitled to qualified immunity if, "in light of clearly established principles governing the conduct in question, the officer objectively could have believed that his conduct was lawful.” Act Up! … While Plaintiff bears the burden of showing that the law was clearly established (Collins v.

Mozzetti v. City of Brisbane

67 Cal. App. 3d 565 · California Court of Appeal · Feb 28, 1977

If the trial court determines that the defense has been established, the jury is instructed that the public entity is immune as a matter of law for design-related damages, but if the damage is unrelated to the design (e.g … In the second place, examination of the record is persuasive that appellants failed to produce sufficient evidence establishing the criteria *574 of design immunity, and, as a result, the instruction on design immunity should

H & M ASSOCIATES v. City of El Centro

109 Cal. App. 3d 399 · California Court of Appeal · Aug 20, 1980

Defendants have thus failed to make the required showing necessary for immunity. Accordingly, on this sparse record, we conclude governmental discretionary immunity has not been established. … This argument, based upon these absolute and qualified statutory privileges, at this stage of the proceedings suffers the same fate encountered by the statutory immunity contention.

MACEACHERN v. City of Manhattan Beach

623 F. Supp. 2d 1092 · District Court, C.D. California · Jun 8, 2009

The Supreme Court has set forth a two-part analysis for considering the issue of qualified immunity. … “If the law did not put the officer on notice that his conduct would be clearly unlawful, summary judgment based on qualified immunity is appropriate.” Id. at 202, 121 S.Ct. 2151 .

(PC) Penton v. Hubard

District Court, E.D. California · Feb 10, 2022

The court turns now to the issue of qualified immunity. 17 III. Qualified Immunity 18 A. … Mohammed is not persuasive authority for finding the law 3 was clearly established, and fails to demonstrate defendant is not entitled to qualified immunity. 4 (ECF No. 237 at 7), citing Mohammed, No. 3:05-cv-3430

Davis v. City of San Jose

69 F. Supp. 3d 1001 · District Court, N.D. California · Sep 24, 2014

Moreover, De-fendánts contend that Plaintiff has failed' to establish that they are not entitled to qualified immunity. Id. at 15. … Past the pleading stage, Defendants *1007 may introduce evidence of their version of events, and it may well be that Defendants can establish qualified immunity at summary judgment. .

Thomas v. Dillard

212 F. Supp. 3d 938 · District Court, S.D. California · Aug 10, 2016

42 U.S.C. § 1983 causes of action on the basis of qualified immunity. … No Qualified Immunity for Civil Code section 52.1. There is no qualified immunity defense available to a defendant for a Civil Code section 52.1 cause of action. See Venegas v.

Ministry of Defense & Support for the Armed Forces of the Islamic Republic of Iran v. Cubic Defense Systems, Inc.

236 F. Supp. 2d 1140 · District Court, S.D. California · Nov 26, 2002

The legislative history clearly supports this conclusion. … It is, therefore, the product of two acts on the part of the MOD, either of which is sufficient to establish a voluntary waiver of general jurisdictional immunity.

Estate of Johnson

139 Cal. 532 · California Supreme Court · Jul 10, 1903

Its sole purpose was to declare to the several states that whatever rights, as you grant or establish them to your own citizens, or as you limit or qualify or impose restrictions on their exercise, the same, neither more … It was the legislative design, clearly expressed, that their property should not be subjected to the burden of the tax, and yet by that decision upon their property is imposed a burden which the legislature not only meant

Carroll v. County of Los Angeles

60 Cal. App. 4th 606 · California Court of Appeal · Dec 30, 1997

This appeal presents the question of whether a paved bicycle path qualifies as a “trail” under the immunity provisions of Government Code section 831.4. 1 We hold that it does, and affirm the judgment that was entered in … Webster’s Collegiate Dictionary (10th ed. 1995) at page 1251 defines a trail as “a marked or established path or route . . . (Italics added.) We hold that the Path qualifies as a “trail” under subdivision (b).

Morales v. City of Delano

852 F. Supp. 2d 1253 · District Court, E.D. California · Feb 14, 2012

from liability by qualified immunity. … “Qualified immunity can shield government officials from individual civil liability where their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known

DeJung v. Superior Court

169 Cal. App. 4th 533 · California Court of Appeal · Dec 19, 2008

Section 815.2(b) not only is clearly the more general of the two statutes, but also, as previously noted, contains an express exception for situations governed by other statutes. … It also raises an issue of fact regarding whether the court’s proffered explanation that Omell was best qualified for the position was pretextual.

Esparza v. County of Los Angeles

224 Cal. App. 4th 452 · California Court of Appeal · Mar 5, 2014

Mora did not qualify for a position as a deputy sheriff because he failed the background investigation for reasons of “Financial Irresponsibility and Judgment.” … The party asserting collateral estoppels bears the burden of establishing these requirements. (Ibid.)

City of Pomona v. Superior Court

182 Cal. App. 3d 1093 · California Court of Appeal · Jun 25, 1986

The motion was based, inter alia, on the City’s claim of immunity under section 866. Documents supporting the motion established that on April 12, 1982, a child was killed by falling rocks while playing in the cave. … Code, § 810 et seq.) is that ‘except as otherwise provided by statute’ a public entity is not liable for tortious injuries, and that the liabilities established by the act are subject to the statutory immunities.

Krolikowski v. San Diego City Employees' Ret. Sys.

234 Cal. Rptr. 3d 499 · California Court of Appeal, 5th District · May 23, 2018

not establish prejudice from any delay. … The decision was clearly discretionary and was not merely the carrying out of a ministerial duty.

Hampsmire v. City of Santa Cruz

899 F. Supp. 2d 922 · District Court, N.D. California · Sep 28, 2012

“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 would have known … Typically, qualified immunity would apply under such circumstances. See Grossman v.

People v. West Valley Caregivers, Inc.

California Court of Appeal · Dec 7, 2015

Following the definitions and the provision making it “unlawful to own, establish, operate, use, or permit the establishment or operation of a [MMB]” is a section titled “Limited Immunity,” which states, “Notwithstanding … “The voters thus found all ongoing MMB‟s, whether or not they qualified for limited immunity, had the potential for deleterious impact and secondary effects on the community.”

Knowles v. CITY OF BENICIA

785 F. Supp. 2d 936 · District Court, E.D. California · Mar 25, 2011

Qualified Immunity Hartig did not formally move for summary judgment on his defense of qualified immunity, but he opposes the instant motion in part on qualified immunity grounds. … established in 2003 and the officers are not entitled to qualified immunity on the basis of that exception.