Case law

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

Buchanan v. City of Bolivar

99 F.3d 1352 · Court of Appeals for the Sixth Circuit · Nov 7, 1996

’s conduct did not violate a clearly established right. … This Court applies a two-pronged analysis in determining a defendant’s entitlement to qualified immunity. First, a plaintiff must establish that he “has a clearly established statutory or constitutional right.”

Spear v. Sowders

71 F.3d 626 · Court of Appeals for the Sixth Circuit · Dec 19, 1995

. § 1983 and now appeals a grant of summary judgment to the defendants on the ground of qualified immunity. A panel of this court reversed the grant of summary judgment. … The defendants filed a motion to dismiss, arguing that qualified immunity protected them from suit.

Elizabeth Jane Hall v. United States of America

773 F.2d 703 · Court of Appeals for the Sixth Circuit · Sep 25, 1985

The Hall II court proceeded to hold that the IRS officials established that they were entitled to qualified immunity from suits for damages because they had acted in good faith. 704 F.2d at 249-50 . … Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982), held the IRS officials were entitled to qualified immunity on motion for summary judgment because they had not violated any clearly established constitutional

John B. Preston v. John L. Smith, David Bland and Donald Bordenkircher

750 F.2d 530 · Court of Appeals for the Sixth Circuit · Dec 19, 1984

If the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct. … Thus defendant Bordenkircher is also entitled to qualified immunity on plaintiff’s eighth amendment charge.

Kimberly Gaetano v. United States

994 F.3d 501 · Court of Appeals for the Sixth Circuit · Apr 9, 2021

For taxpayers whose information is identified in a qualifying third-party IRS summons, § 7609 establishes notice procedures and a limited means of challenging the summons. See id. § 7609(a)-(b), (c)(2). … States’ sovereign immunity—is not accorded jurisdictional status unless “Congress has ‘clearly state[d]’ as much.”

Anderson v. Cash

70 F. App'x 251 · Court of Appeals for the Sixth Circuit · Jun 25, 2003

In civil damage actions arising out of a government official’s performance, the official is generally entitled to qualified immunity from suit insofar as the official’s conduct does not violate clearly established statutory … “If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.”

Sweat v. Shelton

595 F. App'x 508 · Court of Appeals for the Sixth Circuit · Dec 15, 2014

After completion of discovery, Shelton moved for summary judgment on the basis of qualified immunity. … However, “a defendant denied qualified immunity may appeal ... if the issue on appeal is whether the plaintiffs facts, taken at their best, show that the defendant violated clearly established law.” Quigley v.

Gean v. Hattaway

330 F.3d 758 · Court of Appeals for the Sixth Circuit · Jun 6, 2003

Briggs, 475 U.S. 335, 341 , 106 S.Ct. 1092 , 89 L.Ed.2d 271 (1986). 13 We have established that there are two ways in which a plaintiff seeking to overcome the bar of qualified immunity can show that a right was clearly established … established law such that the defendants would lose their shield of qualified immunity.

Stella Hull v. Cuyahoga Valley Joint Vocational School District Board of Education

926 F.2d 505 · Court of Appeals for the Sixth Circuit · Mar 20, 1991

Qualified immunity protects a public official from *512 personal liability for civil damages insofar as his or her conduct does not violate “clearly established statutory or constitutional rights of which a reasonable person … When the issue of qualified immunity is raised, “the plaintiff is obliged to present facts which if true would constitute a violation of clearly established law.” Dominque v.

Smith v. Kim

70 F. App'x 818 · Court of Appeals for the Sixth Circuit · Jul 17, 2003

Because the evidence, taken in a light most favorable to the plaintiff, did not prove a violation of clearly established law, the court should grant the officers’ claim of qualified immunity. … allegedly infringed was “clearly established!)]”

Wilkey v. Argo

43 F. App'x 925 · Court of Appeals for the Sixth Circuit · Aug 13, 2002

The district court did not address the availability of qualified immunity and the parties did not brief the issue on appeal. We therefore decline to rule on whether Argo was entitled to qualified immunity. … To overcome an officer’s claim of qualified immunity, a plaintiff must establish (1) that the facts alleged demonstrate that “the officer’s conduct violated a constitutional right” and (2) that “the right was clearly established

Sowards v. Loudon Cnty TN

Court of Appeals for the Sixth Circuit · Feb 8, 2000

terminating Sowards, Guider is not entitled to qualified to evaluate the defense of qualified immunity. … the doctrine of qualified immunity.

Ralph Nader v. J. Blackwell

Court of Appeals for the Sixth Circuit · Oct 29, 2008

However, we also hold that the right7 was not clearly established when Blackwell acted. Accordingly, Blackwell is immune from suit. … Finally, we conclude that because these violations were not clearly established in 2004, Blackwell is entitled to qualified immunity.

Linda Moser v. Etowah Police Dep't

27 F.4th 1148 · Court of Appeals for the Sixth Circuit · Mar 3, 2022

In the alternative, the district court ruled that Davis was entitled to qualified immunity because it was not clearly established that either action constituted excessive force. … Moser finally contends that the district court erroneously granted qualified immunity to the City of Etowah.

Jeffrey Hughes v. Zane Duncan

93 F.4th 374 · Court of Appeals for the Sixth Circuit · Feb 15, 2024

Through the Act, Tennessee established (with certain exceptions) a “presumption that an eligible inmate must be released on parole” upon the release eligibility date “or any subsequent parole hearing.” Tenn. … And even if some amount of discretion were required to qualify an act as a judicial function, today’s case is one in which the Board clearly exercised discretionary judgment.

Robert Shreve v. Franklin Cnty., Ohio

743 F.3d 126 · Court of Appeals for the Sixth Circuit · Feb 6, 2014

Qualified immunity Also at play in this case is the doctrine of qualified immunity. … “The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person

Darell Chancellor v. Stephen Geelhood

Court of Appeals for the Sixth Circuit · Feb 25, 2026

“Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Kisela v. … Whatever the wisdom of these opinions, it is certainly not clearly established that an officer could be liable in such circumstances.

Wells v. Brown

891 F.2d 591 · Court of Appeals for the Sixth Circuit · Jan 19, 1990

immunity" from damages by violating "clearly established" rights protected by the Due Process Clause. 2 The Supreme Court's recent decision in Will v. … Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727, 2738 , 73 L.Ed.2d 396 (1982), the Supreme Court predicted that qualified immunity would "permit the resolution of many insubstantial claims on summary judgment."

Moorer v. Price

83 F. App'x 770 · Court of Appeals for the Sixth Circuit · Dec 9, 2003

The court evaluates qualified immunity claims using a three-part inquiry. … If the plaintiffs allegations do not establish a constitutional violation, then it is not necessary for the court to make any further inquiries with respect to qualified immunity. Saucier v.