O'NEILL

v.

ELLER ET AL.

Citator

Cited By

• Hamilton v. Endell, 981 F.2d 1062 (9th Cir. 1992)
  …ed from liability for civil damages as long as ‘their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” Lum v. Jensen, 876 F. 2d 1385, 1386 (9th Cir.1989), cert. denied, 493 U.S. 1057, 110 S.Ct. 867, 107 L.Ed.2d 951 (1990), (citing Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 2738, 73 L.Ed.2d 396 (1982)). In order to determine whether an official is entitled to qualified immunity, a court must (1) identify the right a…
• Saltzman v. Farm Credit Servs. OF Mid-America, 950 F.2d 466 (7th Cir. 1991)
  …vate right of action exists under the Act. See Zajac v. Federal Land Bank, 909 F. 2d 1181 (8th Cir.1990) (en banc); Griffin v. Federal Land Bank, 902 F. 2d 22 (10th Cir.1990); Harper v. Federal Land Bank, 878 F. 2d 1172 (9th Cir.1989), cert. denied, 493 U.S. 1057, 110 S.Ct. 867, 107 L.Ed.2d 951 (1990). Two district courts in this Circuit (in addition to the district court in this case) have concurred. Walker v. Federal Land Bank, 726 F.Supp. 211 (C.D.Ill.1989); Hartman v. Farmers Production Credit Ass’n, 628…
• Portman v. Cnty. OF Santa Clara, 995 F.2d 898 (9th Cir. 1993)
  …a discharged public employee can maintain a substantive due process claim based upon arbitrary and capricious discharge from employment. Cf. Lum v. Jensen, 876 F. 2d 1385, 1387-90 (9th Cir.1989) (explaining that the law is unsettled), cert. denied, 493 U.S. 1057, 110 S.Ct. 867, 107 L.Ed.2d 951 (1990). However, every circuit that does recognize such a right requires the employee to show that he has a property right in his or her job before he or she can claim a violation of substantive due process. See id.…