Case law

Phyllis May, Administratrix of the Estate of Deborah Kirk, Deceased v. Franklin County Commissioners

437 F.3d 579 · Court of Appeals for the Sixth Circuit · Feb 15, 2006

Officer Ratliff filed a motion to dismiss based on qualified immunity grounds, which the district court denied in part. We reversed the district court’s denial of qualified immunity to Ratliff. May v. … Moreover, we previously granted Ratliff qualified immunity for his actions in this matter, May, 59 Fed.Appx. at 794 , and plaintiff has settled her claims against the Franklin Township defendants.

United States v. 57,261 Items of Drug Paraphernalia

869 F.2d 955 · Court of Appeals for the Sixth Circuit · Mar 14, 1989

The only question before us on this appeal concerns qualified immunity from liability for damages: are the agents entitled to qualified immunity because in effecting the seizure they did not violate “clearly established law … No purpose would now be served by a remand to the District Court for application of the doctrine of qualified immunity.

Friedman v. Bishop

33 F. App'x 204 · Court of Appeals for the Sixth Circuit · Apr 8, 2002

Plaintiff Mark Friedman appeals from the district court’s grant of summary judgment to the defendants based on qualified immunity. … The district court granted summary judgment to the defendants, finding that they were entitled to qualified immunity because the law was not clearly established that the County Judge/Executive did not have the authority to

Anita Arrington-Bey v. City of Bedford Heights

Court of Appeals for the Sixth Circuit · May 26, 2017

Qualified immunity. … In Owen and Pembaur, it’s true, the Court held that municipalities may not invoke the qualified immunity hurdle of clearly established rights.

Wayne v. Shadowen

15 F. App'x 271 · Court of Appeals for the Sixth Circuit · Jul 23, 2001

Accordingly, any "objectively reasonable” action by a state officer, as assessed in the light of clearly established law at the time of the conduct at issue, will be insulated by qualified immunity. Id. … Claims of qualified immunity are assessed on a fact-specific basis to ascertain whether the particular conduct of the defendant state employee infringed a clearly established federal right of the plaintiff, and whether an

Brooks v. Rothe

577 F.3d 701 · Court of Appeals for the Sixth Circuit · Aug 21, 2009

whether the defendants-appellees violated Brooks's clearly established rights. … I believe that Brooks has sufficiently alleged that her clearly established rights were violated.

Cooper v. Parrish

Court of Appeals for the Sixth Circuit · Feb 9, 2000

We determ determine whether the right is so ‘clearly established’ that a judge had acted within his judi ‘reasonable official’ would understand that what he is doing allegedly had directed two indiv violates that … “Special” Assistant District A Barnes, 105 F.3d at 1122; see also Ireland, 113 F.3d at 1441 Because Parrish does not qualify (“If the matter upon which the judge acts is clearly outside the entitled to absolute

Ohio v. Madeline Marie Nursing Homes

694 F.2d 449 · Court of Appeals for the Sixth Circuit · Nov 29, 1982

That Section 16 of Article I is not self-executing and that there can be no waiver of Ohio’s sovereign immunity without legislation by the General Assembly is clearly established. See Krause v. … Nor are we persuaded on our record that appellees’ claims of substantial consummation are clearly established.

Buchwald Capital Advisors, LLC v. Sault Ste. Marie Tribe of Chippewa Indians (In Re Greektown Holdings, LLC)

917 F.3d 451 · Court of Appeals for the Sixth Circuit · Feb 26, 2019

The Trustee's argument that the Tribe clearly waived any tribal sovereign immunity it possessed has three analytical steps: (1) Indian tribes can waive sovereign immunity by litigation conduct, (2) alter egos or agents of … . §§ 106 , 101(27), as in FACTA the term "government" has no qualifying language preceding it. See Republic Steel Corp. v.

United States v. Harry v. Mohney

949 F.2d 1397 · Court of Appeals for the Sixth Circuit · Jan 28, 1992

He is not qualified of course to summarize testimony before you in this case. … Because the court instructed the jury very clearly that the flow charts were simply *1406 used to establish the basis of the calculations, it did not abuse its discretion in allowing their use. 3.

Wayne King v. Vincent Branson Carla J. Harrison Anthony Codogan

72 F.3d 129 · Court of Appeals for the Sixth Circuit · Dec 8, 1995

Before awarding summary judgment on the basis of qualified immunity the courts must decide whether the plaintiff "has identified a clearly established right alleged to have been violated" and whether reasonable officials … Since King did not have a firmly established right to being celled away from ambient tobacco smoke, the defendants were properly afforded qualified immunity for housing him with inmates who smoked, at least until they received

Singfield v. Akron Metro Housing

Court of Appeals for the Sixth Circuit · Nov 10, 2004

In response, O’Leary claims qualified immunity, which affords government officials an immunity from suit “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … At the very least, qualified immunity is warranted for Mr. Reinhart on the due process issue.

Sykes v. Anderson

625 F.3d 294 · Court of Appeals for the Sixth Circuit · Nov 9, 2010

The Defendants never mentioned “qualified immunity,” and they never referenced “clearly established law” or “objectively unreasonable actions,” all of which are terms that might have put the court and the Plaintiffs on notice … as to the Defendants’ qualified-immunity claim.

Henricks v. Pickaway Corr. Inst.

Court of Appeals for the Sixth Circuit · Apr 8, 2015

Third, the legal analysis establishing that the defendant is not entitled to qualified immunity “is conceptually distinct from the merits of the plaintiff’s claim that his rights have been violated,” because, at the summary … Gonzalez did not intend to assert the qualified immunity defense.

Creusere v. Board of Education

88 F. App'x 813 · Court of Appeals for the Sixth Circuit · Dec 18, 2003

Qualified Immunity The district court also properly determined Bravard and Campbell were entitled to qualified immunity, because Creusere failed to allege sufficiently that the Board violated a constitutional or statutory … This court reviews qualified immunity decisions de novo. Risbridger v. Connelly, 275 F.3d 565, 568 (6th Cir.2002).

Edward Lamb v. Pat Sutton and Wsm, Inc., Edward Lamb v. Pat Sutton and Wlac, Inc.

274 F.2d 705 · Court of Appeals for the Sixth Circuit · Feb 19, 1960

the immunity provided by the statute. … We think that the issue of whether Sutton and Senator Kefauver were legally qualified candidates for public office was clearly injected into the case and so treated by the Court. It is so treated on this appeal.

Walker v. Norris

917 F.2d 1449 · Court of Appeals for the Sixth Circuit · Dec 20, 1990

Such a result clearly would have been inappropriate. … Bibb, 840 F.2d 349, 351 (6th Cir.1988) ("[T]his court [the Sixth Circuit] can 'clearly establish' even a newly recognized constitutional right[.]").

Brenda Brooks v. David Rothe

Court of Appeals for the Sixth Circuit · Aug 21, 2009

; whether the defendants-appellees violated Brooks’s clearly established rights. … I believe that Brooks has sufficiently alleged that her clearly established rights were violated.

Timothy Finley v. Erica Huss

Court of Appeals for the Sixth Circuit · May 22, 2024

Clearly Established Law Proving an Eighth Amendment violation isn’t enough to defeat qualified immunity. … It also denied her qualified immunity because the inmate’s “right to have a serious psychological illness treated seriously” was “clearly established.” Id. at 270.

Jane Doe v. Jackson Local Sch. Dist.

954 F.3d 925 · Court of Appeals for the Sixth Circuit · Apr 1, 2020

And it held that the Does could not seek damages from the employees because they would be entitled to qualified immunity even if they had violated due process. … Oddly, however, the school defendants also did not raise these Monell and qualified-immunity bases for affirmance.