Case law
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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 timesPublishedJane 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 timesPublishedTroy 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 timesPublishedRobert 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 timesPublishedClark-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 timesPublishedCharity 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 timesPublishedJohney 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 timesPublishedBillie 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 timesPublished604 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 timesPublishedEunice 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 timesPublishedScarbrough 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 timesPublishedMeyers 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 timesPublishedEcclesiastical 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 timesPublished45 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 timesPublished954 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 timesPublishedJudy 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 timesPublishedSmith 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 timesPublished98 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 timesPublished41 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 timesPublished101 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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