Case law

Turek v. Saluga

47 F. App'x 746 · Court of Appeals for the Sixth Circuit · Sep 24, 2002

Qualified Immunity for Excessive Force in Handcuffing We review de novo an interlocutory appeal of a denial of summary judgment predicated on a claim of qualified immunity. Mattox v. … best, show a violation of clearly established law.”)

Hussein v. City of Perrysburg

617 F.3d 828 · Court of Appeals for the Sixth Circuit · Aug 20, 2010

After concluding that the rights at issue were clearly established, the court denied Klag and Thielen’s contention that they were entitled to qualified immunity. Id. at 856-57. … Klag and Thielen now appeal, arguing that they are entitled to qualified immunity because their actions did not violate the Husseins’ due process 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

Donald Freed v. Michelle Thomas

Court of Appeals for the Sixth Circuit · Sep 6, 2023

The district court granted qualified immunity to Thomas in her individual capacity because it found that she “did not violate a right that was ‘clearly established at the time of defendant[’s] alleged misconduct.’”2 To overcome … Thomas’s claim of qualified immunity, Freed “must show that (1) the [officials] violated one of [his] constitutional rights and (2) that right was clearly established.”

Elizabeth Hoard, Administratrix of the Estate of Russell A. Hoard Thomas Bentley Vernon Muncy Nancy Wooton Joan Gay Carl Wooton Norman Couch Elias Collett Dean Adams Stevie Caldwell Leslie Huff Martin Muncy Ronnie Huff Ronnie Sizemore Levi Muncy Betty Baker Clyde Conway Vance George Sizemore and Steve Collins v. Onzie Sizemore, in His Individual Capacity as Leslie County Judge/executive, (97-5540), Onzie Sizemore, in His Official Capacity as Leslie County Judge/executive Ruie Caldwell, Individually and in His Official Capacity as Magistrate of Leslie County, Kentucky Billy Sizemore, in His Official Capacity as Magistrate of Leslie County, Kentucky James H. Boggs, Individually and in His Official Capacity as Magistrate of Leslie County, Kentucky William Lewis, Individually and in His Official Capacity As

198 F.3d 205 · Court of Appeals for the Sixth Circuit · Nov 17, 1999

immunity, i.e., whether a given set of facts violates clearly established law." … clearly established law.

Shirley Marrical v. The Detroit News, Inc., Robert Sage

805 F.2d 169 · Court of Appeals for the Sixth Circuit · Nov 11, 1986

The court noted though that it had earlier determined that all defendants, including Sage, were entitled to qualified immunity under Michigan law. … The precise contours of the immunity afforded state officers under Michigan law are, however, not so clearly defined. 2 We initially note that the Michigan legislature, when it enacted its governmental immunity statute, declined

Simon v. Norris

57 F.3d 1070 · Court of Appeals for the Sixth Circuit · Jun 16, 1995

If so, the qualified immunity analysis turns upon the objective legal reasonableness of the defendants' actions assessed in light of the legal rules which were clearly established at the time of the alleged violation. … A district court's determination that qualified immunity is or is not applicable is a question of law which this court reviews de novo. Walton v.

Kevin Darrah v. Dr. Krisher

865 F.3d 361 · Court of Appeals for the Sixth Circuit · Jul 26, 2017

Because we hold that the district court’s grant of summary judgment in favor of Defendants was improper, we must also address the issue of qualified immunity.7 The doctrine of qualified immunity shields officials from civil … The qualified immunity analysis has two steps: “(1) whether, 7 The district court declined to address the issue of qualified immunity based on its finding that Darrah failed to show deliberate indifference

Russell A. Kelm v. C. Hyatt

44 F.3d 415 · Court of Appeals for the Sixth Circuit · Jan 18, 1995

Public policy and well established law grant qualified immunity to those government officials who perform discretionary functions and whose conduct does not violate clearly established statutory or constitutional rights. … that were ‘clearly established’ at the time it was taken.”

Danese v. Asman

875 F.2d 1239 · Court of Appeals for the Sixth Circuit · Aug 18, 1989

After the amendment, the defendants moved for summary judgment on the qualified immunity issue. In September 1987, the district court again found for the plaintiffs, denying that the defendants had qualified immunity. … assessed in light of the legal rules that were 'clearly established' at the time it was taken."

Warmus v. Hank

48 F.3d 1220 · Court of Appeals for the Sixth Circuit · Feb 28, 1995

Telb, 831 F.2d 673 (6th Cir.1987), when the issue of qualified immunity is raised, a plaintiff has the burden of "plead[ing] facts which, if true, describe a violation of a clearly established statutory or constitutional … , whether defendants were entitled to qualified immunity.

Pestrak v. Ohio Elections Commission

926 F.2d 573 · Court of Appeals for the Sixth Circuit · Feb 27, 1991

Qualified immunity is afforded to the official actions of government officials according to the standards established in Harlow v. Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982). … Qualified immunity extends to every official action except those that any reasonable official knew or reasonably should have known violated a clearly established constitutional right.

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.

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

First American Title Co. v. Devaugh

480 F.3d 438 · Court of Appeals for the Sixth Circuit · Feb 22, 2007

We hold that the challenged practices of the Saginaw County, Eaton County, Lapeer County, and Newaygo County registers do not qualify for Parker state-action immunity because they are not “clearly articulated and affirmatively … That tells us nothing, however, about whether a county’s exercise of that latter power qualifies for state-action immunity from Sherman Act liability.

Stemler v. City of Florence

126 F.3d 856 · Court of Appeals for the Sixth Circuit · Oct 8, 1997

Test for Qualified Immunity We turn now to the merits of Black’s claim against the individual officers. … In determining whether an official is entitled to qualified immunity, this court asks whether the law was clearly established at the time of the alleged action. Barton v.

Annissa Colson v. City of Alcoa

Court of Appeals for the Sixth Circuit · Jun 23, 2022

Sheehan, 575 U.S. 600, 613 (2015) (holding in the Fourth Amendment context that “[q]ualified immunity is no immunity at all if ‘clearly established’ law can simply be defined as the right to be free from unreasonable searches … Indeed, accepting Colson’s formulation would “collaps[e] the two qualified-immunity inquiries into one, permitting the constitutional-violation inquiry always to answer the clearly established inquiry.” Hagans v.

Soper ex rel. Soper v. Hoben

195 F.3d 845 · Court of Appeals for the Sixth Circuit · Nov 2, 1999

A government official performing a discretionary function is entitled to qualified immunity from suit for civil damages unless his actions violate “clearly established statutory or constitutional rights of which a reasonable … Accordingly, defendants are entitled to qualified immunity in their individual capacities.

Cynthia Bunch, Individually and as Administratrix of the Estate of Aaron Matthew Bravard v. Village of New Lebanon

57 F.3d 1069 · Court of Appeals for the Sixth Circuit · May 31, 1995

City of Southfield, 995 F.2d 1331, 1336 (6th Cir.1993), and because we find that the applicability of qualified immunity involves a question of fact, we AFFIRM. I. … An officer using deadly force is entitled to qualified immunity if "a reasonable officer could have believed [the seizure] to be lawful, in light of clearly established law and the information the [seizing] officer possessed