Case law

Seal v. Morgan

229 F.3d 567 · Court of Appeals for the Sixth Circuit · Oct 6, 2000

In addition, the district court concluded that Superintendent Morgan was not entitled to summary judgment on the basis of qualified immunity. … Superintendent Morgan The doctrine of qualified immunity generally shields government officials from civil liability for performing discretionary functions “insofar as their conduct does not violate clearly established statutory

Juli Garretson v. City Of Madison Heights

407 F.3d 789 · Court of Appeals for the Sixth Circuit · Apr 27, 2005

to qualified immunity. … legal rules that were clearly established at the time it was taken."

Smith-El v. Steward

33 F. App'x 714 · Court of Appeals for the Sixth Circuit · Feb 6, 2002

Third, Stewart was entitled to qualified immunity. See Harlow v. Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982). In Bell-Bey v. … Because a reasonable officer in Stewart’s position had no reason to believe that the new policy violated clearly established law, he is entitled to qualified immunity. See Harlow, 457 U.S. at 818 .

June A. Kreuzer v. Virgil E. Brown

128 F.3d 359 · Court of Appeals for the Sixth Circuit · Oct 20, 1997

Brown responded by filing a motion for summary judgment based upon the merits of plaintiffs claim and upon qualified immunity. … In the alternative, he contends that even if he dismissed plaintiff in violation of her First Amendment rights, he is entitled to qualified immunity because he did not “violate clearly established statutory or constitutional

O'Neill v. Louisville/Jefferson County Metro Government

662 F.3d 723 · Court of Appeals for the Sixth Circuit · Nov 8, 2011

Callahan, 555 U.S. 223, 243-44 (2009) (declining to rule on whether the consent-once-removed doctrine is constitutional by instead resolving the issue of qualified immunity on the basis that no clearly established law was … Qualified immunity Although the district court concluded that there was “no need . . . to consider” the qualified-immunity defense in light of its determination that no constitutional violations had occurred, it went

Davis v. Holly

835 F.2d 1175 · Court of Appeals for the Sixth Circuit · Dec 30, 1987

In my mind, this interest was "clearly established" well before 1979 when the events at issue in this case occurred, and accordingly qualified immunity was improperly granted. 41 In order for a constitutional right to be … established." 44 I agree with the reasoning of the Tenth Circuit and would deny qualified immunity in this case.

Kelli Bertl v. City of Westland

Court of Appeals for the Sixth Circuit · Feb 2, 2009

’s clearly established constitutional rights. … “The third inquiry impacts the analysis when despite the violation of a clearly established constitutional right, the official's conduct was objectively reasonable, and so should still enjoy qualified immunity.”

Blair v. Meade

76 F.3d 97 · Court of Appeals for the Sixth Circuit · Mar 28, 1996

Meade has qualified immunity. … The qualified immunity analysis requires consideration of whether a right exists at all, i.e., whether plaintiff has asserted violation of a right, and whether that right was clearly established.

Brian Midkiff Monica Midkiff v. Adams County Regional Water District

409 F.3d 758 · Court of Appeals for the Sixth Circuit · May 24, 2005

Qualified Immunity Under well-established qualified immunity doctrine, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate … The Magistrate Judge recommended that defendant Brian Ast, manager of the Water District, enjoys qualified immunity here because the Midkiffs have not sufficiently alleged a violation of a clearly established statutory or

Joseph Bailey v. City of Ann Arbor

860 F.3d 382 · Court of Appeals for the Sixth Circuit · Jun 20, 2017

Page 4 guarantee, even if violated, was not clearly established at the time of the alleged misconduct. Arrington-Bey v. City of Bedford Heights, __ F.3d __, No. 16-3317, 2017 WL 2432389, at *3 (6th Cir. … Police officers normally receive qualified immunity if they rely on a judicially secured warrant. Hale v. Kart, 396 F.3d 721, 725 (6th Cir. 2005).

Mary Cherrington and Daija King, a Minor, by and Through Her Mother and Next Friend, Mary Cherrington v. Andre Skeeter, John Kinney, and City of Circleville, Ohio

344 F.3d 631 · Court of Appeals for the Sixth Circuit · Sep 24, 2003

As noted, the second prong of the qualified immunity inquiry turns upon whether the defendant has violated "clearly established constitutional rights of which a reasonable person would have known." … immunity on the "clearly established" prong of our substantive due process inquiry.

Walter Himmelreich v. Fed. Bureau of Prisons

Court of Appeals for the Sixth Circuit · Jul 22, 2021

Page 7 Fitzgerald ties our jurisdiction over her appeal to an appellate court’s well-established authority to review immediately appeals of district-court decisions denying qualified immunity. Mitchell v. … of which the plaintiff complains violated clearly established law.” 472 U.S. at 526.

Smith v. Jefferson County School Board of Commissioners

549 F.3d 641 · Court of Appeals for the Sixth Circuit · Nov 24, 2008

Legislative Immunity The Board members raise legislative and qualified immunity as defenses to the claims brought against them by the teachers. … Because we hold that the Board members are entitled to legislative immunity, we do not need to address their claim that they are entitled to qualified immunity.

Gail S. Huecker, Cross-Appellees v. Elizabeth Milburn, and Marian Weisenberger, Cross-Appellants

538 F.2d 1241 · Court of Appeals for the Sixth Circuit · Jul 21, 1976

In this regard, the purpose of an award of attorneys’ fees based on a defendant’s bad faith is both punitive and to compensate a plaintiff for the added expense of having to vindicate clearly established rights in court. … Judge Allen observed that suit was brought on June 22, 1972 to require Appellants to comply with time periods clearly established by federal statutes enacted in 1968. 42 U.S.C. §§ 1351-55 (1970); Handbook of Public Assistance

Gerald Sensabaugh v. Kimber Halliburton

937 F.3d 621 · Court of Appeals for the Sixth Circuit · Aug 27, 2019

Halliburton disputes Sensabaugh’s First Amendment retaliation claim and also asserts qualified immunity. … When a state official raises a qualified immunity defense, the plaintiff must show the violation of a clearly established constitutional right. Harris v. Klare, 902 F.3d 630, 637 (6th Cir. 2018).

Melissa Hearring v. Karen Sliwowski

806 F.3d 864 · Court of Appeals for the Sixth Circuit · Nov 20, 2015

The first stage of this dispute ended when our court granted qualified immunity to the nurse on the ground that existing law did not clearly establish that a medical examination of a child in response to complaints of pain … Sliwowski filed a motion for summary judgment on qualified immunity grounds.

Drew Parsons v. City of Ann Arbor, Mich.

Court of Appeals for the Sixth Circuit · May 12, 2023

Kandt argues that he is entitled to qualified immunity, which protects government officials “from civil-damages liability for violations of ‘clearly established statutory or constitutional rights.’” … A government official is entitled to qualified immunity unless the plaintiff can establish that “(1) the facts show a violation of a constitutional right, and (2) the right at issue was clearly established when the event

Adams v. Hanson

656 F.3d 397 · Court of Appeals for the Sixth Circuit · Aug 30, 2011

Only qualified immunity is available to prosecutors when they perform “investigative” or “administrative” functions unrelated to judicial proceedings. … Disposing of al-Kidd’s claims on qualified immunity grounds, the Court held that Ashcroft did not violate clearly established law when he authorized the pretextual use of material-witness warrants, id. at 2083-85, and declined

Slusher v. Carson

Court of Appeals for the Sixth Circuit · Sep 2, 2008

Qualified immunity is generally available for “government officials performing discretionary functions . . . insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Because Defendants claim that they are entitled to qualified immunity, we first determine whether the deputies’ actions were unconstitutional and next determine whether any such violation was “clearly established in a . .

LaShawn Williams v. Don Godby

Court of Appeals for the Sixth Circuit · May 1, 2018

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. … For a defendant to be denied qualified immunity, he must have violated a plaintiff’s constitutional right, and the right violated must have been clearly established at the time of the incident.