Case law

Christopher Sample v. Jason Bailey

409 F.3d 689 · Court of Appeals for the Sixth Circuit · May 9, 2005

Clearly Established Right Having established that there was a constitutional violation, we turn to the second step of the qualified immunity analysis-whether the constitutional right at issue was clearly established. … to qualified immunity.

Hall v. Tollett

128 F.3d 418 · Court of Appeals for the Sixth Circuit · Oct 22, 1997

Under the doctrine of qualified immunity, "government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … Whether the government official "is protected by qualified immunity turns on 'the objective legal reasonableness' of the action, assessed in the light of the legal rules that were 'clearly established' at the time the action

Rebecca Buddenberg v. Robert Weisdack

939 F.3d 732 · Court of Appeals for the Sixth Circuit · Sep 20, 2019

As relevant here, Budzik argued that he was entitled to qualified immunity because Buddenberg’s complaint failed to allege facts establishing a violation of a clearly established First Amendment right. … “When a defendant appeals the denial of a motion to dismiss based on qualified immunity, we review de novo whether the complaint alleges [a] violation of a clearly established constitutional right.” Id.

Gene Autrey Adams v. Paul Metiva

31 F.3d 375 · Court of Appeals for the Sixth Circuit · Aug 1, 1994

The key inquiry in analyzing a claim of qualified immunity is whether the defendant’s alleged conduct violated clearly established statutory or constitutional rights of which a reasonable person would have known. … First, the allegations must state a claim of the violation of clearly established law.

Louis Gradisher v. City of Akron

794 F.3d 574 · Court of Appeals for the Sixth Circuit · Jul 24, 2015

Whether a right has been clearly established should not be determined at “a high level of generality.” Id. at 2084. … City of Broadview Heights, 712 F.3d 951, 963 (6th Cir. 2013) (“Qualified immunity does not protect the officers here.

Lyniece Nelson v. City of Madison Heights

845 F.3d 695 · Court of Appeals for the Sixth Circuit · Jan 9, 2017

Page 6 “Government officials performing discretionary functions are afforded qualified immunity . . . as long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable … However, Officer Wolowiec does not argue the interfamilial relations issue as a denial of qualified immunity.

William Evans v. Harry Vinson

427 F. App'x 437 · Court of Appeals for the Sixth Circuit · Jun 29, 2011

Qualified Immunity Although the evidence viewed in the light most favorable to Evans establishes that Defendants violated Evans’s First and Fourth Amendment rights, Defendants may still be entitled to qualified … immunity if the constitutional rights at issue were not clearly established at the time of their conduct.

Ronda Rae Jones v. Steven Naert

121 F.4th 558 · Court of Appeals for the Sixth Circuit · Nov 12, 2024

To overcome Officer Steven Naert’s qualified-immunity defense, Ronda Jones must show not just that Naert violated the Constitution but also that the existing law clearly established this violation. … Rather, I would jump straight to the second qualified-immunity element: Naert did not violate clearly established law by concluding that he had probable cause to arrest Jones. See Beck v.

Estate of Kirby v. Duva

530 F.3d 475 · Court of Appeals for the Sixth Circuit · Jun 27, 2008

Because it was clearly established at the time of the shooting that deadly force could not be used against a non-dangerous fleeing felon, qualified immunity was properly denied on the facts as presented in this case. I. … was clearly established.”

Estate Of William J. Bing

456 F.3d 555 · Court of Appeals for the Sixth Circuit · Aug 1, 2006

For the same reason, the plaintiffs' destruction of property claim based on the house fire is also barred by the officers' qualified immunity. 66 In a qualified immunity analysis, the "first inquiry must be whether a constitutional … The Supreme Court has not clearly established such a right, nor has this court or other circuits. See Daugherty v.

United States v. Ledford (Geneva Saylor)

991 F.2d 797 · Court of Appeals for the Sixth Circuit · Apr 6, 1993

Jamal Murray v. State of Ohio Dep't of Corrections

Court of Appeals for the Sixth Circuit · Mar 30, 2022

motion is based on a claim of qualified immunity.” … Heyd is entitled to qualified immunity as a matter of law We now consider the merits of the qualified-immunity defense.

Grawey v. Drury

567 F.3d 302 · Court of Appeals for the Sixth Circuit · May 28, 2009

Qualified Immunity Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly … Clearly Established Constitutional Right The next step of our qualified immunity analysis is whether the alleged violations involved a constitutional right that was clearly established at the time of the alleged misconduct

Larry D. Lomaz Pacific Financial Services of America, Inc. v. William A. Hennosy

151 F.3d 493 · Court of Appeals for the Sixth Circuit · Jul 29, 1998

secured by the Constitution,” 42 U.S.C. § 1983 , is limited by two recognized exceptions: qualified immunity and absolute immunity. … The former, the most common type of official immunity, subjects officials to liability for the performance of discretionary functions only when their conduct violates “clearly established statutory or constitutional rights

James Myers v. City of Centerville, Ohio

41 F.4th 746 · Court of Appeals for the Sixth Circuit · Jul 21, 2022

Crawford, 15 F.4th at 763 (“[M]ost statements of this proposition are careful to explain that its application rests on qualified immunity’s clearly established prong.”); id. at 765. … right was clearly established.

James E. McCurdy v. Montgomery County, Ohio

240 F.3d 512 · Court of Appeals for the Sixth Circuit · Feb 16, 2001

Qualified immunity *520 shields government officials performing discretionary functions from liability for civil damages when their conduct does not violate clearly established statutory or constitutional rights of which … We apply a two-step analysis to determine whether a public official is entitled to qualified immunity: first, we determine whether a clearly established constitutional or statutory right has been violated; and second, we

Alan Baynes v. Brandon Cleland

799 F.3d 600 · Court of Appeals for the Sixth Circuit · Aug 24, 2015

Clearly Established Although the district court agreed that Baynes established the first prong of the qualified immunity analysis, it ultimately found that Baynes’ claim could not survive summary judgment because … This right was ‘clearly established’ for qualified immunity purposes at the time of Amanda’s seizure on October 30, 2002.”)

Paterek v. Village of Armada, Michigan

801 F.3d 630 · Court of Appeals for the Sixth Circuit · Sep 8, 2015

Qualified Immunity Delecke asserts immunity as a public official even if Plaintiffs’ rights were violated. … Delecke’s claim for qualified immunity.

Michael McDonald v. Marico Flake

814 F.3d 804 · Court of Appeals for the Sixth Circuit · Feb 29, 2016

Officer Flake argues that he is entitled to qualified immunity. … Qualified immunity shields government officials in the performance of discretionary functions from standing trial for civil liability unless their actions violate clearly established rights. Harlow v.

Sherry Wilkerson v. City of Akron, Ohio

906 F.3d 477 · Court of Appeals for the Sixth Circuit · Oct 15, 2018

Qualified immunity shields officers from liability so long as they do not violate clearly established rights that a reasonable officer in their shoes would have recognized. Harlow v. … Danzy did not violate Thomas’s clearly established Fourth Amendment rights.