Case law

Carrelli v. Ginsburg

956 F.2d 598 · Court of Appeals for the Sixth Circuit · Feb 12, 1992

Furthermore, Commission officials asserted that they were entitled to the defense of qualified immunity because no clearly established rights with regard to drug testing existed when the Ohio officials implemented Ohio Admin.Code … Creighton, 483 U.S. 635, 640 , 107 S.Ct. 3034, 3039 , 97 L.Ed.2d 523 (1987). *606 The invocation of the qualified immunity doctrine establishes “an immunity from suit rather than a mere defense to liability.”

Joshua Steeb v. Mike Ehart

Court of Appeals for the Sixth Circuit · Jan 26, 2026

Qualified Immunity In the proceedings below, Ehart asserted qualified immunity from suit. … In my view, Ehart is not entitled to qualified immunity.

Johnny Strickland v. City of Detroit, Mich.

995 F.3d 495 · Court of Appeals for the Sixth Circuit · Apr 22, 2021

, a constitutional right has been violated, and if so, (2) whether that right was clearly established.” … Qualified immunity should have been denied on that basis.

Gerald Morgan v. Bd. of Prof. Responsibility of the Supreme Court of Tenn.

63 F.4th 510 · Court of Appeals for the Sixth Circuit · Mar 20, 2023

Garrett also sought dismissal of the claims against her on the grounds of absolute quasi-judicial immunity, qualified immunity, and failure of the complaint to state a claim for injunctive relief. … Qualified Immunity The district court did not reach Garrett’s qualified immunity defense. Because this issue is not properly before us, we decline to address it here. See Stoudemire v. Mich.

Kimble v. Hoso

Court of Appeals for the Sixth Circuit · Feb 28, 2006

for summary judgment on qualified immunity grounds by February 9, 2004. … Qualified immunity is immunity from suit, not merely a defense against liability.

Stanley v. Vining

602 F.3d 767 · Court of Appeals for the Sixth Circuit · Apr 22, 2010

In that case, the plaintiff appealed the district court’s grant of qualified immunity to the prison officials. … The majority’s attempt to rest its reasoning on Lava-do finds little support since, in doing so, it impermissibly imports the higher “clearly established” standard for overcoming a qualified immunity defense when no such

Julie Helphenstine v. Lewis County

60 F.4th 305 · Court of Appeals for the Sixth Circuit · Feb 9, 2023

The Lewis County Defendants also argue that they are entitled to qualified immunity on plaintiff’s claims. … Qualified immunity shields public officials from personal liability under § 1983 unless they “violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v.

James King v. United States

49 F.4th 991 · Court of Appeals for the Sixth Circuit · Sep 21, 2022

Narcotics Agents, 403 U.S. 388 (1971), that Defendants violated his clearly established Fourth Amendment rights by conducting an unreasonable seizure and by using excessive force. … However, we found that under Michigan law, Defendants would be entitled to qualified immunity.

Peek v. Mitchell

419 F.2d 575 · Court of Appeals for the Sixth Circuit · Jan 6, 1970

City of Detroit, 323 F.2d 591 (6th Cir. 1963), cert. denied, 376 U.S. 957 , 84 S.Ct. 978 , 11 L.Ed. 2d 975 (1964)) and that the executive and other public officials enjoy a qualified privilege in a suit for damages under … The extraordinary remedies of injunction and mandamus should only be granted when the circumstances clearly justify such relief, and this is not such a case.

Ross Webster, Jr. v. Dewey Sowders, Versar, Inc., Intervenor

846 F.2d 1032 · Court of Appeals for the Sixth Circuit · May 18, 1988

immunity from injunctive relief and deferring a ruling on qualified immunity from damages until some discovery was undertaken. … We note for the guidance of the parties that, as the District Court noted, qualified immunity is ordinarily available only from damages and not from injunctive relief. See Harlow v.

Henry v. Metropolitan Sewer District

922 F.2d 332 · Court of Appeals for the Sixth Circuit · Dec 27, 1990

III. 24 The doctrine of qualified immunity affords protection against individual liability for civil damages to officials "insofar as their conduct does not violate clearly established statutory or constitutional rights of … This fact, by itself, makes us wary of the plaintiff's contention that his vaguely-defined right to privacy was "clearly established" in 1985 for purposes of qualified immunity.

David Haddad v. Randall Gregg

910 F.3d 237 · Court of Appeals for the Sixth Circuit · Dec 3, 2018

Qualified Immunity Defendants argue that Gregg and Boven are entitled to qualified immunity on claims for money damages against them in their individual capacities. … The doctrine of qualified immunity affords protection against individual liability for civil damages when officials have not violated a “clearly established statutory or constitutional right of which a reasonable person

Samad Salehpour v. University of Tennessee

159 F.3d 199 · Court of Appeals for the Sixth Circuit · Oct 29, 1998

Plaintiff argues that the district court erred in granting qualified immunity to the Defendants named in their individual capacities on the basis that these Defendants did not violate his clearly established right to free … Government officials who perform discretionary functions are entitled to quali- *208 fled immunity from civil damages suits arising out of the performance of their official duties unless they violate ‘“clearly established

Hiler v. Brown

177 F.3d 542 · Court of Appeals for the Sixth Circuit · May 20, 1999

The district court’s denial of a qualified immunity claim is reviewed de novo. See Ward v. Dyke, 58 F.3d 271, 273 (6th Cir.1995). III. … The district court determined that the facts alleged in the complaint "support a finding that defendants violated Hiler's clearly established rights,” and that material issues of fact remained as to whether Hiler’s supervisors

Anthony W. Gantt and Cecily Gantt v. Akron Corrections Facility, William Meier and Paul Crow

73 F.3d 361 · Court of Appeals for the Sixth Circuit · Jan 8, 1996

The defendants, Sergeant William Meier and Officer Paul Crow, moved for summary judgment based on qualified immunity. … Because application of the doctrine of qualified immunity to a particular defendant is a question of law, Garvie v.

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. 21 The judgment of the district court dismissing the complaint is therefore affirmed

Vector Research, Inc. v. Howard & Howard Attorneys P.C.

76 F.3d 692 · Court of Appeals for the Sixth Circuit · Apr 8, 1996

immunity because their conduct did not violate clearly established constitutional or statutory rights of which a reasonable person would have known. … The district court expressly assumed that the defendants were federal agents, but held that they could rely on qualified immunity because they did not violate any clearly established rights of the plaintiffs.

Nelson v. Miller

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

Third, we hold that Plaintiffs' complaint must be dismissed because Plaintiffs can state no facts tending to establish that they are being denied any right in violation of the ADA and the RA. I. … sovereign immunity may be accomplished.

Ricky Jackson v. City of Cleveland

Court of Appeals for the Sixth Circuit · Mar 28, 2019

But officers sued under the aegis of § 1983 are protected from liability by the doctrine of qualified immunity “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Page 30 At issue in this appeal is whether, in 1975, the constitutional rights allegedly violated by Stoiker were sufficiently clearly established to deprive him of the protection of qualified immunity.

Sparks v. Character & Fitness Committee

818 F.2d 541 · Court of Appeals for the Sixth Circuit · May 11, 1987

II It is well-established that judges of courts of general jurisdiction are immune from liability for their judicial acts. Bradley v. Fisher, 80 U.S. (13 Wall.) 335 , 20 L.Ed. 646 (1871). … Therefore, his expectations have clearly been satisfied. Sparkman, 435 U.S. at 362 , 98 S.Ct. at 1107 .