The Case: Cousins v. Lockyer, 568 F. 3d 1063
See also:California law is also clear that qualified immunity does not apply to state civil rights claims... [Citation omitted] "qualified immunity of the kind applied to actions brought under 42 U.S.C. §1983 does not apply to actions brought under [the Bane Act]"). In other words, qualified immunity is a doctrine of federal common law and, as such, has no application to Cousins' state claims, which are subject only to state statutory immunities.
Venegas v. County of L.A., 153 Cal.App.4th 1230, (2007) (quoting Ogborn v. City of Lancaster, 101 Cal.App.4th 448 (2002).