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California Court of Appeal March 5, 2014 No. B246985Not cited Unpublished
Respondents also argued that Dickens enjoys qualified immunity from civil damages where her conduct does not violate clearly established statutory or constitutional rights.
Moran’s right to denounce her employer’s outreach program was not clearly established, thus qualified immunity protected her employer from civil damages. (Ibid.)
her burden of alleging that the rights she claims were, at the time of her dismissal, so clearly established as to preclude a finding of qualified immunity.
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238 Cal. App. 4th 1095 California Court of Appeal July 22, 2015 No. D063675
[“A government official sued under § 1983 is entitled to qualified immunity unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.”].)
The defense of qualified immunity “A government official sued under [section] 1983 is entitled to qualified immunity unless the official violated a statutory or constitutional right that was clearly established at the time of the
are entitled to qualified immunity unless they violated a “clearly established” constitutional right
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176 Cal. App. 4th 1588 California Court of Appeal August 26, 2009 No. B210868
light of the clearly established law and facts of the case
In determining whether supervisor has qualified immunity, we “undertake a two-step analysis: ‘(1) Was the law governing the official’s conduct clearly established?
To avoid the qualified immunity defense, appellant must show that supervisor’s conduct “violate[d] clearly established statutory or constitutional rights of which a reasonable person would have known. [Citations.]”
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California Court of Appeal June 23, 2014 No. B246985ANot cited Unpublished
In addition, respondents argued that Dickens enjoys qualified immunity and that appellant failed to meet her burden of proving that the right she claimed was clearly established.
Moran’s right to denounce her employer’s outreach program was not clearly established, thus qualified immunity protected her employer from civil damages. (Ibid.)
her burden of alleging that the rights she claims were, at the time of her dismissal, so clearly established as to preclude a finding of qualified immunity.
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206 Cal. App. 4th 702 California Court of Appeal May 8, 2012 No. B227812
The qualified immunity rule shields public officers from section 1983 actions unless the officer has violated a clearly established constitutional right.
did not violate a clearly established right.
Payday California, Inc. (2010) 190 Cal.App.4th 1419, 1432, fn. 6 [ 119 Cal.Rptr.3d 513 ]), we may consider such decisions when determining whether a constitutional right was clearly established for purposes of our qualified immunity
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56 Cal. App. 4th 445 California Court of Appeal July 15, 1997 No. D025434
Immunity The qualified immunity defense protects “government officials performing discretionary functions . . . from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional
The mere assertion, however, of a vague constitutional right to, for instance, due process, will not defeat a qualified immunity defense.
When qualified immunity is asserted, we must undertake a two-step analysis: “(1) Was the law governing the official’s conduct clearly established?
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California Court of Appeal October 23, 2024 No. E080771Not cited Unpublished
QUALIFIED IMMUNITY Plaintiff contends there is a triable issue of material fact as to whether Officer’s killing of Father is protected by qualified immunity.
“[T]he qualified-immunity analysis asks whether the [constitutional] right in question was ‘clearly established’ at the time of the violation.
Pelzer 536 U.S. 730, 741 [when “the law is clearly established,” case summaries are not necessary in a qualified immunity analysis].)
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29 Cal. Rptr. 3d 553 California Court of Appeal June 2, 2005 No. B175413
Additionally, defendants Sauls and Blagg are shielded by qualified immunity from civil liability.
Government employees generally are shielded by qualified immunity “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would
Thus, plaintiff’s attack on delay in obtaining DNA test results cannot defeat the officers’ qualified immunity from civil liability.
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50 Cal. Rptr. 3d 364 California Court of Appeal October 27, 2006 No. B182831
, the right was not clearly established.
Having determined that Macias introduced sufficient evidence of facts showing a violation of a constitutional right, we proceed to the second step of the qualified immunity analysis, namely, whether the right was clearly established
immunity because the right at issue was not clearly established).
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233 Cal. App. 4th 240 California Court of Appeal January 16, 2015 No. G047446
Defense counsel suggested below that no “clearly established law . . . says that the term search has to exclude the interviews” (italics added), and counsel similarly invokes qualified immunity on appeal because “there was no clear
As we explain below, however, the prohibition against prolonged detention is clearly established in this jurisdiction.
And while “the right the official is alleged to have violated must have been ‘clearly established’ . . . , [t]his is not to say that an official action is protected by qualified immunity unless the very action in question has previously
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242 Cal. App. 4th 245 California Court of Appeal November 18, 2015 No. B257676
not clearly established at the time of the violation.
But Defendants are only entitled to qualified immunity as a matter of law if, taking the facts in the light most favorable to [the plaintiff], they violated no clearly established constitutional right.
The state and Tawney premise their qualified immunity claim on an extremely narrow, factually detailed view of what the clearly established law would be in this case.
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199 Cal. App. 4th 1001 California Court of Appeal October 4, 2011 No. H035333
“If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.
immunity is applicable.”
Summary judgment was therefore not available to the defendant officers on the ground of qualified immunity; the officers’ alleged conduct violated Ricciuti’s “clearly established constitutional rights, and no reasonably competent police
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45 Cal. App. 4th 163 California Court of Appeal May 8, 1996 No. B088117
violate a clearly established constitutional *178 or statutory right.
Further, an officer’s unreasonable ignorance that he has violated a clearly established right does not save his claim of qualified immunity. (Gilker v. Baker (9th Cir. 1978) 576 F.2d 245, 247 ; Coleman v.
A public officer is presumed to know the law, provided it is clearly established. *179 (Skevofilax v. Quigley (D.N.J. 1984) 586 F.Supp. 532, 538 .)
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California Court of Appeal July 28, 2014 No. B246719Not cited Unpublished
immunity because their actions were not clearly established as unreasonable or unlawful; (4) plaintiffs could not establish unreasonable use of force by the deputies as to 2 the battery cause of action; (5) the survival of personal
Next, it must decide if the right was clearly established. (533 U.S. at pp. 201-202.) Subsequently, in Pearson v.
The court concluded that because the plaintiff could not establish the officers violated clearly established law, the officers were entitled to qualified immunity. (555 U.S. at pp. 243-245.)
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California Court of Appeal November 6, 2013 No. C068052Not cited Unpublished
Under the qualified immunity defense, government officials performing discretionary functions generally are shielded from liability under section 1983 insofar as their conduct does not violate clearly established statutory or constitutional
To determine if an official is entitled to qualified immunity, we must decide (1) whether the facts alleged purport to show that the official’s conduct violated a constitutional right; and (2) whether the right was clearly established
The less the right is clearly established, the more likely the defendant is entitled to qualified immunity. (See Wilson v.
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222 Cal. App. 3d 869 California Court of Appeal July 23, 1990 No. B042169
However, they claim the County is insulated only by qualified immunity. The County insists the law clearly provides absolute immunity for the conduct in issue here.
“Qualified immunity shields only that conduct not violative of clearly established constitutional rights of which a reasonable person would have known.
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California Court of Appeal February 10, 2015 No. G047446MNot cited
Defense counsel suggested below that no “clearly established law . . . says that the term search has to exclude the interviews” (italics added), and counsel similarly invokes qualified immunity on appeal because “there was no clear
As we explain below, however, the 14 prohibition against prolonged detention is clearly established in this jurisdiction.
And while “the right the official is alleged have violated must have been ‘clearly established’ . . . , [t]his is not to say that an official action is protected by qualified immunity unless the very action in question has previously
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California Court of Appeal November 20, 2015 No. D066597Not cited Unpublished
If the answer is no, the officer is entitled to qualified immunity. If the answer is yes, the court must proceed to the next question: whether the right was clearly established at the time the officer acted.
If the answer is no, the officer is entitled to qualified immunity.
This right was clearly established. (See Hopkins v. Bonvicino (9th Cir. 2009) 573 F.3d 752, 774 .)
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California Court of Appeal September 30, 2021 No. C090060Not cited
clearly established law.
Payday California, Inc. (2010) 190 Cal.App.4th 1419, 1433, fn. 6 ), and “we may consider such decisions when determining whether a constitutional right was clearly established for purposes of our qualified immunity analysis” (Mendoza
on qualified immunity.’ ” (Morales v.
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California Court of Appeal September 12, 2024 No. G062445Not cited Unpublished
In an interlocutory appeal, the Ninth Circuit Court of Appeals determined the officers’ conduct did not violate the Fourth Amendment, and the officers were “entitled to qualified immunity, because they did not violate a clearly established