Case law

Ella Bartell v. Loretta Lohiser Gerald Rein Michael Roxberry Lloyd Fett State of Michigan Michigan Family Independence Agency, in the County of Jackson Patricia Kempter Patrick Okoronkwo Lutheran Social Services, of Michigan Frank Van Goethem Woodbridge Behavioral Management Consultants Gerald Miller, Susan Dehnke County of Jackson Woodbridge Psychological Center

215 F.3d 550 · Court of Appeals for the Sixth Circuit · Jun 7, 2000

See Richardson, 521 U.S. at 404 . 15 Qualified immunity protects government officials performing discretionary functions from liability for civil damages "insofar as their conduct does not violate clearly established statutory … established" constitutional or statutory right has been violated; and second, we ascertain whether the official acted objectively unreasonably in light of the clearly established right.

Ruth Ann Williams, Personal Representative of the Estate of Anthony Wade, Deceased v. T.N. Mehra Dr. Cabrera Dr. Rodriguez, John Jabe, Warden Gerald Hofbauer, Deputy Warden John Fisher, Security Guard Jane Doe, Nurse

186 F.3d 685 · Court of Appeals for the Sixth Circuit · Aug 4, 1999

"Mitchell clearly establishes that an order rejecting the defense of qualified immunity at either the dismissal stage or the summary-judgment stage is a 'final' judgment subject to immediate appeal." Behrens v. … The procedure for evaluating claims of qualified immunity is tripartite: First, we determine whether a constitutional violation occurred; second, we determine whether the right that was violated was a clearly established

Herlancer Ross v. City of Memphis, Walter Crews and Alfred Gray, Individually

423 F.3d 596 · Court of Appeals for the Sixth Circuit · Sep 14, 2005

However, in the present lawsuit, Crews has raised the advice of counsel as the basis of his qualified immunity defense. … legal reasonableness ’ of the action, assessed in light of legal rules that were ‘clearly established’ at the time it was taken.”)

Figetakis v. City of Cuyahoga Falls

112 F. App'x 393 · Court of Appeals for the Sixth Circuit · Aug 18, 2004

Moreover, the district court also properly found that, in the alternative, the defendant police officers were entitled to qualified immunity, because officers of reasonable competence could disagree whether any rights were … Because defendants raised the defense of qualified immunity, Figetakis was required to present facts establishing a violation of clearly established law, which he failed to do. Mitchell v.

McLaurin v. Cole

46 F. App'x 802 · Court of Appeals for the Sixth Circuit · Sep 5, 2002

When acting in a discretionary role, government officials are entitled to qualified immunity unless them conduct violates “clearly established statutory or constitutional rights of which a reasonable person would have known … unreasonable in light of the clearly established constitutional rights.”

Daughenbaugh v. City Of Tiffin

150 F.3d 594 · Court of Appeals for the Sixth Circuit · Jul 31, 1998

Qualified Immunity 45 The Supreme Court has held that "government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … Thus, the first step in any qualified immunity analysis is to determine whether a clearly established statutory or constitutional right has been violated.

Sarah v. Bradley

66 F. App'x 562 · Court of Appeals for the Sixth Circuit · May 27, 2003

Sarah also argues that the defendants were not entitled to qualified immunity because his claims involve the alleged violation of clearly established constitutional rights. … However, the district court did not rely on qualified immunity as the primary basis for dismissing his claims.

Ray v. Wolters

30 F. App'x 550 · Court of Appeals for the Sixth Circuit · Mar 4, 2002

“The first question,” said the district court, “is whether Plaintiffs Complaint states a claim of the ‘violation of a clearly established law.’ Adams v. Metiva, 31 F.3d 375, 386 (6th Cir.1994)). … (2) the issue appealed concerned'not which facts the parties might be able to prove, but, rather, whether or not certain given facts showed a violation of clearly established law.

Ciminillo v. Streicher

Court of Appeals for the Sixth Circuit · Jan 17, 2006

Even though Ciminillo alleges facts that, if true, would constitute a violation of his Fourth Amendment rights, Knight may still be entitled to qualified immunity unless those rights were “clearly established” at the time … Given Yates, Adams, and Deorle, it was clearly established that shooting Ciminillo with a beanbag was objectively unreasonable. Thus, Knight is not entitled to qualified immunity. C.

Lyndal Kimble and Melanise Kimble v. Greg Hoso Frank Tempesta Michael Stabile John Mandopoulos and the City of Warren

439 F.3d 331 · Court of Appeals for the Sixth Circuit · Feb 28, 2006

for summary judgment on qualified immunity grounds by February 9, 2004. … Qualified immunity is immunity from suit, not merely a defense against liability.

Smith v. County of Lenawee

600 F.3d 686 · Court of Appeals for the Sixth Circuit · Apr 13, 2010

misunderstands the mandates of qualified immunity. … with an appeal from a denial of qualified immunity.

Sanderfer v. Nichols

62 F.3d 151 · Court of Appeals for the Sixth Circuit · Sep 15, 1995

. * BATCHELDER, Circuit Judge. 1 The defendant, Nancy Jansen, appeals the district court's denial of her summary judgment motion based on qualified immunity. … Dyke, 29 F.3d 1086, 1093 (6th Cir.1994). 7 A government official performing a discretionary function is entitled to qualified immunity from suit for civil damages unless his actions violate "clearly established statutory

Kevin L. Shehee v. Mark H. Luttrell, Individually Jonathan C. Miner, Individually Greg Fleming, Individually Kenny Morgan, Individually Margaret C. Hambrick, Individually Edward L. Crosley, Individually Mark Henry, Individually Michael Robertson, Individually

199 F.3d 295 · Court of Appeals for the Sixth Circuit · Oct 1, 1999

immunity, finding that the law regarding Shehee's First Amendment and Fifth Amendment claims was clearly established. … of clearly established law."

Williams v. Ollis

42 F. App'x 694 · Court of Appeals for the Sixth Circuit · Jul 26, 2002

The affirmative defense of qualified immunity shields government officials from liability for civil damages insofar as their conduct does not violate clearly established constitutional rights of which a reasonable person … The law concerning a prisoner’s retaliation claim was not “clearly established” prior to the Thaddeus-X en banc decision.

Efrem Zembalis Toney v. James M. Davis

23 F.3d 408 · Court of Appeals for the Sixth Circuit · Apr 20, 1994

Davis filed a motion for summary judgment, which he amended to include the defense of qualified immunity, arguing that the alleged conduct did not violate clearly established law at the time of the events in controversy. … We limit our discussion to the question of qualified immunity. 5 The standard for qualified immunity is that a defendant, acting under color of office, is immune from liability unless he violated clearly establish constitutional

Derek Antol v. Robert English

Court of Appeals for the Sixth Circuit · Aug 13, 2026

Clearly Established Law Though Plaintiff has alleged a constitutional rights violation, he must still show that his right to use a restroom upon his urgent request while detained was clearly established at the time … As discussed, “[a] right is clearly established for purposes of overcoming the qualified immunity defense only when ‘existing precedent [has] placed the statutory or constitutional question beyond debate,’ although we do

Scott v. Clay Cnty TN

Court of Appeals for the Sixth Circuit · Mar 1, 2000

established right at the time anchored in qualified immunity, for Fed. … Patricia with excessive force and violated Plaintiff’s clearly established rights.

Victor Caminata v. County of Wexford

664 F. App'x 496 · Court of Appeals for the Sixth Circuit · Nov 17, 2016

Qualified Immunity Qualified immunity shields a government official from liability unless his conduct violated “clearly established statutory or constitutional rights of which a reasonable person would have known … To determine whether qualified immunity applies, the court must decide whether Jenkinson’s actions violated Caminata’s constitutional rights, and whether the rights at issue were clearly established at the time of the violation

Ronald Harris v. Robert Langley

647 F. App'x 585 · Court of Appeals for the Sixth Circuit · May 6, 2016

“Instead, a defendant denied qualified immunity may appeal only if the issue on appeal is whether the plaintiff’s facts, taken at their best, show that the defendant violated clearly established law.” Quigley v. … Qualified Immunity “Under the doctrine of qualified immunity, government officials performing discretionary functions are shielded from civil liability unless their conduct violates clearly established constitutional

John Keith Blakely and John Emmett Long v. United States of America

276 F.3d 853 · Court of Appeals for the Sixth Circuit · Jan 11, 2002

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 … Plaintiffs provide no *872 other basis to conclude that Defendants Reno and Green violated Plaintiffs’ clearly established constitutional rights so as to vitiate Defendants’ qualified immunity. 4.