Case law

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  • 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.

    Cited 0 timesPublished
  • 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.

    Cited 64 timesPublished
  • Troy Pesterfield v. Tennessee Valley Authority Charles Dean, Marvin T. Runyon John Waters

    941 F.2d 437 · Court of Appeals for the Sixth Circuit · Aug 12, 1991

    In order to establish a prima facie case under the Act, the plaintiff must allege and prove (1) that he is a “handicapped person” under the Act, (2) that he is “otherwise qualified” for the position sought, (3) that he was … We do not believe that these findings are clearly erroneous.

    Cited 91 timesPublished
  • Robert Bright v. Gallia Cnty., Ohio

    753 F.3d 639 · Court of Appeals for the Sixth Circuit · Jun 3, 2014

    Therefore, Judge Evans did not clearly lack all jurisdiction, and absolute judicial immunity shields him from suit. … CLAIMS AGAINST THE BOARD AND THE COMMISSION In the Amended Complaint, Bright also alleged that the Board and the Commission, “under color of law, deprived [him] of clearly established rights, privileges, and immunities

    Cited 209 timesPublished
  • Clark-Murphy Ex Rel. Estate of Clark v. Foreback

    439 F.3d 280 · Court of Appeals for the Sixth Circuit · Feb 6, 2006

    immunity did not apply to these employees because Clark’s right to these necessities and services was clearly *286 established at the time of the incident. … Second, qualified immunity prevents the officers from being held liable for constitutional violations if the right at issue was not “clearly established” at the time of the violation. Saucier v.

    Cited 5 timesPublished
  • Charity Halasz v. Cass City Pub. Schs.

    Court of Appeals for the Sixth Circuit · Dec 18, 2025

    Qualified Immunity The individual defendants are entitled to qualified immunity. … was clearly established at the time.”

    Cited 0 timesPublished
  • Johney Finn v. Warren County, Kentucky

    768 F.3d 441 · Court of Appeals for the Sixth Circuit · Sep 16, 2014

    Because this claim implicates a ministerial duty, the District Court’s denial of qualified immunity will be affirmed.” Id. at 391–92. … Because Jailer Strode was not entitled to qualified official immunity for his ministerial acts, the district court erred in granting summary judgment in his favor.

    Cited 23 timesPublished
  • Billie J. Chipman v. Secretary of Health and Human Services

    781 F.2d 545 · Court of Appeals for the Sixth Circuit · Jan 16, 1986

    The court held that such an award could not be granted because of sovereign immunity. II. A. … However, Congress has expressed clearly its intention that prevailing market rates are relevant only up to $75 per hour.

    Cited 73 timesPublished
  • Griffin v. Hardrick

    604 F.3d 949 · Court of Appeals for the Sixth Circuit · May 13, 2010

    Most importantly, the video establishes that Griffin was clearly struggling against both Hardrick and Rutledge before Hardrick employed the leg-sweep maneuver. … We therefore need not decide the merits of Hardrick’s argument that he is entitled to qualified immunity. C.

    Cited 135 timesPublished
  • Eunice Spears v. Michael Cooper

    Court of Appeals for the Sixth Circuit · Dec 10, 2009

    The defendants timely filed motions for summary judgment asserting various defenses including qualified immunity. … Government officials are immune from civil liability unless, in the course of performing their discretionary functions, they violate the plaintiff’s clearly established constitutional rights. See Hills v.

    Cited 0 timesPublished
  • Scarbrough v. Morgan County Board of Education

    470 F.3d 250 · Court of Appeals for the Sixth Circuit · Nov 22, 2006

    Thus, whether the Board members are entitled to qualified immunity hinges on whether Scarbrough’s right was clearly established such that a reasonable person would know that the alleged decision to hire Freels violated Scarbrough … Here, Scarbrough’s right to express himself was clearly established, and thus, the Board members are not entitled to qualified immunity. III.

    Cited 10 timesPublished
  • Meyers v. Franklin County Court of Common Pleas

    23 F. App'x 201 · Court of Appeals for the Sixth Circuit · Aug 7, 2001

    Appellees contend that we should affirm the dismissal of the damages claims on the alternative ground that Widener is protected by qualified immunity. … the application of qualified immunity).

    Cited 54 timesPublished
  • Ecclesiastical Order of the Ism of Am, Inc. v. Internal Revenue Service

    725 F.2d 398 · Court of Appeals for the Sixth Circuit · Jan 18, 1984

    of religion. 1 In essence, § 170(b)(l)(A)(i) gives a greater tax deduction to an individual who contributes to an organization which qualifies as “a church or association of churches” than it gives for contributions to non-qualifying … The legislative history of § 702 and relevant case law clearly establish that Congress intended to waive sovereign immunity through this provision under certain circumstances. Jaffee v.

    Cited 7 timesPublished
  • Nicklas v. Eagle

    45 F. App'x 385 · Court of Appeals for the Sixth Circuit · Aug 22, 2002

    Finally, because it concluded that Nieklas could not state a claim upon which relief could be granted, the court declined to address the defendants’ claims that they were entitled to qualified immunity. … immunity.

    Cited 4 timesPublished
  • Tyrone v. Hardin v. Dennis Straub, Dwayne Sholes and John Doe, 1- 11 Individually and in Their Official Capacities, Jointly and Severally

    954 F.2d 1193 · Court of Appeals for the Sixth Circuit · Jan 27, 1992

    The Court clearly held that state officers are not “absolutely immune from personal liability under § 1983 solely by virtue of the ‘official’ na *1201 ture of their acts.” Id. at 365. … At that point, Straub can properly advance not the defense of Eleventh Amendment immunity but rather the defense of qualified immunity.

    Cited 80 timesPublished
  • Judy Baker Myra Allison Bonnie Johnson v. Patricia Hadley, Columbiana County Auditor

    167 F.3d 1014 · Court of Appeals for the Sixth Circuit · Feb 12, 1999

    Among other things, Hadley argued that she was entitled to qualified immunity in her individual capacity as to Count I of the complaint. … Therefore, we reversed the lower court’s denial of Hadley’s motion for summary judgment on the basis of qualified immunity.

    Cited 17 timesPublished
  • Smith v. Jefferson County Board of School Commissioners

    641 F.3d 197 · Court of Appeals for the Sixth Circuit · Feb 11, 2011

    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.

    Cited 2 timesPublished
  • Lynn v. City of Detroit

    98 F. App'x 381 · Court of Appeals for the Sixth Circuit · Apr 5, 2004

    Since qualified immunity does not shield from liability for civil damages those officials whose “conduct [violates] clearly established statutory or constitutional rights of which a reasonable person would have known,” Scicluna … This Court recently observed that, [qualified immunity involves a three-step inquiry.

    Cited 2 timesPublished
  • Gazette v. City of Pontiac

    41 F.3d 1061 · Court of Appeals for the Sixth Circuit · Dec 8, 1994

    As to the individual police officers, the district court found that they retained their qualified immunity because they did not violate a clearly established constitutional right. Anderson v. … Here, the police officers retain their qualified immunity because they did not violate a clearly established statutory or constitutional right.

    Cited 149 timesPublished
  • Ayers v. Davidson

    101 F. App'x 595 · Court of Appeals for the Sixth Circuit · Jun 10, 2004

    Second, the right must be clearly established so that a reasonable officer would understand that what he is doing violates that right. Id. at 201-02. … The officers are entitled to qualified immunity if a reasonable officer could have believed that the arrest is lawful in light of the information that the officer had and clearly established law. Hunter v.

    Cited 0 timesPublished

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