Case law

Soliday v. Miami County, Ohio

55 F.3d 1158 · Court of Appeals for the Sixth Circuit · Jun 2, 1995

The key issue in analyzing a claim of qualified immunity is whether the defendant's alleged conduct violated "clearly established statutory or constitutional rights of which a reasonable person would have known." … Upon remand, the district court found that the defendants were protected by qualified immunity. This Court affirmed, stating that the rights articulated in Brotherton I were not clearly established until that decision.

James King v. United States

Court of Appeals for the Sixth Circuit · Jul 10, 2025

loss on federal qualified immunity. … This Court reversed the district court’s grant of qualified immunity for Defendants and remanded for further proceedings. King, 917 F.3d at 434.

Lovelace v. O'Hara

985 F.2d 847 · Court of Appeals for the Sixth Circuit · Feb 11, 1993

Lovelace appeals from the district court’s order granting O’Hara summary judgment on the grounds of qualified immunity. O’Hara cross-appeals the district court’s order granting Mrs. … Our disposition of the case on this issue moots the appeal with regard to whether O’Hara was entitled to qualified immunity.

Alan Hoover v. Timothy Walsh

682 F.3d 481 · Court of Appeals for the Sixth Circuit · Jun 13, 2012

, and (2) whether that right was clearly established.” … Similarly, to establish a viable claim for battery the plaintiff must 57 Because we resolve the issue of qualified immunity by concluding that there was no constitutional violation, we need not address

Wayne v. Village Of Sebring

36 F.3d 517 · Court of Appeals for the Sixth Circuit · Sep 29, 1994

Co., 923 F.2d 484, 485 (6th Cir.1991)). 61 "A public official is entitled to qualified immunity for conduct in performing discretionary functions so long as that conduct does not violate clearly established statutory or constitutional … Thus, they do not suffice to clearly establish the right in question. F.

Michigan Paytel Joint Venture v. City of Detroit

287 F.3d 527 · Court of Appeals for the Sixth Circuit · Apr 23, 2002

Under this test, municipalities are exempt from antitrust laws if they can establish (1) a “clearly articulated and affirmatively expressed” state policy to authorize anticom-petitive conduct and (2) “active[] supervision … However, to assert a Parker defense successfully, private parties must establish both a clearly articulated state policy to authorize anticompetitive conduct and active state supervision of private anti-competitive conduct

James Turk v. Daniel Comerford

488 F. App'x 933 · Court of Appeals for the Sixth Circuit · Jul 17, 2012

‘clearly established’ at the time of the challenged conduct.” … In this scenario, the officers are entitled to qualified immunity, since Turk’s right not to have officers surround his house during a knock and talk is not so clearly established “that every reasonable official would have

Fisher v. City of Memphis

234 F.3d 312 · Court of Appeals for the Sixth Circuit · Dec 4, 2000

Defendant also contends that the district court erred by not giving the jury an instruction as to qualified immunity. … While the issue of qualified immunity normally rests with the court, in cases arising under the Fourth Amendment’s reasonableness standard the applicability of qualified immunity will often turn on the resolution of contested

Dixon v. Clem

492 F.3d 665 · Court of Appeals for the Sixth Circuit · Jul 10, 2007

Specifically, Head argues that three separate forms of immunity shield him from liability: “quasi-judicial immunity from suit, his qualified immunity from suit, and ... the sovereign immunity and Eleventh Amendment bar to … In response to Head’s qualified-immunity argument, Blum states as follows: Appellee Head’s attempt to claim quasi-judicial immunity is likewise devoid of supporting materials.

Zucker v. City of Farmington Hills

643 F. App'x 555 · Court of Appeals for the Sixth Circuit · Mar 14, 2016

The individual defendants invoked qualified immunity and argued that Officer Tiderington’s August 4, 2009, interaction with Zucker, Ms. … When a defendant invokes qualified immunity, the plaintiff must prove that the defendant is not entitled to qualified immunity. Davenport v. Causey, 521 F.3d 544, 550 (6th Cir.2008).

Nelson v. Miller

170 F.3d 641 · Court of Appeals for the Sixth Circuit · Mar 25, 1999

The defendants’ provision of the alternative ballot procedures [authorized by the VAEH] to qualified individuals with disabilities fulfills their obligation under the ADA....”). … Clearly, the legislature does not contemplate the constitutional requirement of secrecy as being absolute.

Rhonda Hehrer v. Cnty. of Clinton, Mich.

Court of Appeals for the Sixth Circuit · Dec 12, 2025

The judge concluded that the Officers had forfeited any qualified-immunity defense. See id. at *10. … The Officers would have raised a valid point if they had preserved any claim (under step two of the qualified-immunity test) that they did not violate clearly established law. See Lawler, 93 F.4th at 927–28.

Saylor v. Board of Education

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

The district court denied the request for qualified immunity, and this interlocutory appeal followed. … 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.

Thomas Burrell v. Tennessee Department of Human Services, Tipton County Board of Education, Sharon Sanders, Lani Simmons Bright

56 F.3d 64 · Court of Appeals for the Sixth Circuit · May 23, 1995

This action is clearly precluded. Congress has not abrogated Tennessee's Eleventh Amendment immunity and Tennessee has not expressly waived its right to sovereign immunity. See Gross v. … Indeed, the Achterhof court dealt entirely with qualified and absolute immunity issues; Eleventh Amendment immunity was never an issue in the case.

Thaddeus-X and Earnest Bell, Jr. v. Blatter

175 F.3d 378 · Court of Appeals for the Sixth Circuit · Mar 8, 1999

The only difference between the majority and the dissent goes to the question of qualified immunity. … facts giving rise to a valid claim of qualified immunity.

Taylor v. Keith

338 F.3d 639 · Court of Appeals for the Sixth Circuit · Aug 5, 2003

immunity, claiming that the evidence failed to show a violation of a clearly established right. … Qualified Immunity 32 Lastly, the defendants claim that, even if the Taylors establish a violation of their constitutional rights, they are entitled to qualified immunity.

Taylor v. Keith

338 F.3d 639 · Court of Appeals for the Sixth Circuit · Aug 5, 2003

failed to officer abuse and improperly processed evidence when he show a violation of a clearly established right. … Qualified Immunity Lastly, the defendants claim that, even if the Taylors establish a violation of their constitutional rights, they are entitled to qualified immunity.

Rote v. Zel Custom Manufacturing LLC

816 F.3d 383 · Court of Appeals for the Sixth Circuit · Mar 7, 2016

FSIA applied and DGFM was not immune from suit. Id. at ‡1. DGFM timely appealed. II. … The design and manufacture of the ammunition qualifies as a “com- . mercial activity.”

Kelly v. Great Seneca

Court of Appeals for the Sixth Circuit · May 17, 2006

LaHue, 460 U.S. 325 (1983), the Court noted once that “[t]he immunity of parties and witnesses from subsequent damages liability for their testimony in judicial proceedings was well established in English common law,” id. … No. 1, 171 F.3d 231, 234 (5th Cir. 1999) (en banc) (“Parker immunity is an inapt description, for its parentage differs from the qualified and absolute immunities of public officials. . . .

Davis v. Rawson

35 F. App'x 185 · Court of Appeals for the Sixth Circuit · May 15, 2002

Rawson contends that, at the time he removed the plaintiff, Richard Davis, from the position of assistant superintendent of a juvenile facility, the principle of law was not clearly established that such an employment decision … The defendant countered with a motion for summary judgment in his favor, based in part upon a claim of qualified immunity.