Case law

Vincent v. Warren County

629 F. App'x 735 · Court of Appeals for the Sixth Circuit · Oct 28, 2015

The district court granted summary judgment in favor of Strode, holding that he was entitled to qualified official immunity on the negligence claims against him. Id. at 448 . … On appeal, we reversed the district court’s ruling that Strode was entitled to qualified official immunity on the negligence claims, but affirmed on all other issues. Id. at 448-53 .

Purisch v. Tennessee Technological University

76 F.3d 1414 · Court of Appeals for the Sixth Circuit · Mar 1, 1996

Government officials who perform discretionary functions are entitled to qualified immunity from civil damage suits arising out of the performance of their official duties unless they violate "clearly established constitutional … Only if we find a constitutional violation do we examine whether it involved "clearly established constitutional rights of which a reasonable person would have known."

Candido Romo v. Jeff Largen

723 F.3d 670 · Court of Appeals for the Sixth Circuit · Jul 23, 2013

We therefore affirm the district court’s denial of qualified immunity on Romo’s § 1983 claim. … (internal quotation marks omitted)). 3 It follows that Largen’s qualified- *675 immunity defense clearly fails.

Logsdon v. Hains

Court of Appeals for the Sixth Circuit · Jul 6, 2007

Qualified immunity shields “government officials performing discretionary functions . . . from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of … We next consider whether Plaintiff’s rights were “clearly established.” Saucier, 533 U.S. at 207.

Tate v. Coffee County, Tennessee

48 F. App'x 176 · Court of Appeals for the Sixth Circuit · Oct 4, 2002

The individual defendants filed a motion for summary judgment on the basis that they were entitled to qualified immunity, which the district court denied. … The individual defendants responded by filing a motion for summary judgment, arguing that they are entitled to qualified immunity.

Vintilla v. City of Rocky River

96 F. App'x 274 · Court of Appeals for the Sixth Circuit · Mar 3, 2004

Upon review, we conclude that the district court properly granted summary judgment in favor of Bird because he is entitled to qualified immunity. … In order to survive a defendant’s assertion of qualified immunity, the plaintiff must allege sufficient facts to show that the defendant’s conduct violated a clearly established constitutional right. Saucier v.

Davenport v. Causey

521 F.3d 544 · Court of Appeals for the Sixth Circuit · Apr 4, 2008

Officer Causey based his motion on qualified immunity, arguing that his actions did not violate the Constitution and that even if they did, it was not clearly established that such actions would violate the Constitution. … Officer Causey’s Qualified Immunity Qualified immunity for a police officer in his individual capacity involves a two-step analysis.

Randy Saylor, Sr. v. Board Of Education Of Harlan County, Kentucky

118 F.3d 507 · Court of Appeals for the Sixth Circuit · Jul 22, 1997

, we conclude that judgment ought to have been entered in favor of the individual defendants on the basis of qualified immunity. … Although the central issue in many qualified immunity cases is whether a particular constitutional right was "clearly established" at the time of the alleged violation--see, e.g., Walton v.

Romeo v. Untalan, Individually and as Administrator of the Estate of Ronnie C. Untalan Corazon Untalan v. City of Lorain

430 F.3d 312 · Court of Appeals for the Sixth Circuit · Dec 7, 2005

whether the right was clearly established must be considered on a more specific level.” … He therefore is entitled to qualified immunity. This analysis finds support in Russo v.

Unpublished Disposition John Perotti, Cross-Appellant v. Richard Seiter, Gary Brown, Cross-Appellee

869 F.2d 1492 · Court of Appeals for the Sixth Circuit · Feb 16, 1989

B. 18 Brown also argues that his actions were protected by the defense of qualified good faith immunity as set out in Harlow v. … established" before the incidents in this case occurred. 22 But even if it were not, we would decline to resolve Brown's appeal on his qualified immunity argument, because he has waived the defense by failing to raise it

Kenneth Daugherty, as Personal Representative of Lenora Daugherty, Deceased v. Donal Campbell

33 F.3d 554 · Court of Appeals for the Sixth Circuit · Sep 2, 1994

Campbell appealed the denial of summary judgment, and this court affirmed finding Campbell was not entitled to qualified immunity. See Daugherty v. … Clearly, strip searches of prison visitors based upon bare allegations of illegal activities, whether by anonymous informants or a corrections officer who later denies making such allegations, contravene the well-established

Ghandi v. Police Department of City of Detroit

747 F.2d 338 · Court of Appeals for the Sixth Circuit · Jan 8, 1985

This immunity does not shield conduct that "transgresses a clearly established constitutional rule." Butz, 438 U.S. at 507 , 98 S.Ct. at 2911 . … Higgins. 35 Plaintiffs contend these federal agents are not entitled to qualified immunity for two reasons.

Emil Ewolski v. City of Brunswick

287 F.3d 492 · Court of Appeals for the Sixth Circuit · Apr 18, 2002

established” prong of the qualified immunity test. … Even if a constitutional injury had occurred, the law is not sufficiently clearly established on this question to overcome qualified immunity.

Boyd v. Baeppler

Court of Appeals for the Sixth Circuit · Jun 6, 2000

immunity, i.e., whether a given set of facts violates clearly established law.” … defendant in fact’” violated “clearly established law” in taking looked back at us . . . pointed his gun . . . back at us.” As the action he did.

Huckaby v. Priest

636 F.3d 211 · Court of Appeals for the Sixth Circuit · Apr 5, 2011

The district court denied Defendant officers’ motion for summary judgment based on qualified immunity because it identified a number of disputed material facts which made qualified immunity inappropriate. … This is not the purpose of appellate review on qualified immunity claims, and we will not do it here concerning either Pierce or Huckaby.

Haverstick Enterprises, Inc. v. Financial Federal Credit, Inc.

32 F.3d 989 · Court of Appeals for the Sixth Circuit · Aug 19, 1994

The affirmative defense of qualified immunity provides that: government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly … In the pending case, H.E.I. enjoyed a clearly established right not to have property in which it enjoyed a lawful possessory interest seized 4 by state action in violation of the constitution.

Lundblad v. Celeste

924 F.2d 627 · Court of Appeals for the Sixth Circuit · Jan 31, 1991

be argued "to clearly establish" such a proposition under equal protection is Glicker v. … Thus the law was not clearly established on the issue, and the doctrine of official immunity shields the defendants from civil damages. 5 Accordingly, the opinion of the Court in Lundblad v.

Bailey White v. Hamilton Cnty. Gov't

Court of Appeals for the Sixth Circuit · May 18, 2023

Riley has not shown that Goforth violated her clearly established Fourth Amendment rights, so Goforth is entitled to qualified immunity on this claim. First Amendment. … He is entitled to qualified immunity on the First Amendment claim. *** We REVERSE the district court’s denial of qualified immunity to Goforth.

William E. Grant v. Louis J. Hollenbach and William C. Grimes

870 F.2d 1135 · Court of Appeals for the Sixth Circuit · Mar 28, 1989

Even if not entitled to absolute immunity, a prosecuting attorney may claim qualified immunity. 4 To distinguish between conduct entitled to absolute immunity and conduct entitled to qualified immunity, “the critical inquiry … But the alternative of qualifying a prosecutor’s immunity would disserve the broader public interest.

Gussie Davis v. Mansfield Metropolitan Housing Authority

751 F.2d 180 · Court of Appeals for the Sixth Circuit · Dec 28, 1984

Further, they assert that he is entitled to qualified immunity. Appellants’ argument on this issue is essentially that the trial court’s findings about Gandert’s involvement are clearly erroneous. … Nor is a qualified immunity defense available to Gandert. Under Harlow v.