Case law

Joseph v. Maynard

9 F. App'x 299 · Court of Appeals for the Sixth Circuit · Mar 16, 2001

We therefore conclude[d] that the district court erred in granting qualified immunity to Maynard.” … It should also be remembered that when we determined in the first appeal that the district court improperly granted Maynard’s motion for application of qualified immunity, the burden was upon the defendant to establish his

Teresa A. Pyles v. Robert S. Raisor, Ray L. Sabbatine

60 F.3d 1211 · Court of Appeals for the Sixth Circuit · Aug 1, 1995

Among the issues raised is Raisor's entitlement to qualified immunity for the damage claim against him in his individual capacity. … A defendant such as Raisor is qualifiedly immune from suit unless he violated constitutional rights which were clearly established at the time of his actions.

United States v. Gomez-Gomez

643 F.3d 463 · Court of Appeals for the Sixth Circuit · May 5, 2011

O’Heaney, 602 F.3d 106, 111-12 (2d Cir. 2010) (holding that an appeal from an order denying reconsideration of a qualified immunity ruling fails to meet the requirements of the collateral order doctrine). … The Court noted that the Mitchell Court had “explicitly limited its holding to appeals challenging . . . the purely legal issue what law was ‘clearly established.’” Id. at 313.

Hale v. Kart

Court of Appeals for the Sixth Circuit · Jan 13, 2005

Similarly, with qualified immunity, a court can submit to the jury the factual dispute with an appropriate instruction to find probable cause and qualified immunity if the factual inquiry is answered one way and to find probable … cause and qualified immunity lacking if the inquiry is answered in another way.

Jones v. City of Dayton

61 F. App'x 183 · Court of Appeals for the Sixth Circuit · Mar 20, 2003

This is an interlocutory appeal from an order denying the defendant police officers’ motion for summary judgment on the basis of qualified immunity. … established law.”

Tonya Rhodes v. Craig McDannel

945 F.2d 117 · Court of Appeals for the Sixth Circuit · Jun 10, 1991

As to the officers’ individual capacities, they are each entitled to qualified immunity. … Qualified immunity exists for governmental officials who perform discretionary functions unless their conduct violates clearly established constitutional rights of another. Harlow v.

Williams v. City of Grosse Pointe Park

496 F.3d 482 · Court of Appeals for the Sixth Circuit · Aug 3, 2007

In a §‘ 1983 action in which a defendant claims the protection of qualified immunity, such as the one here under review, the court must follow a two-step process in evaluating the defendant’s claim of immunity. … “clearly established” constitutional rights.

United States v. Salah Dado

759 F.3d 550 · Court of Appeals for the Sixth Circuit · Jul 10, 2014

Abbott initially wanted immunity for talking with me and TFO Ken-dal. … Abbott’s requests for immunity [from federal prosecution] are no different.” Dado, 2013 WL 183997 at *10. This characterization of the evidence is not clearly erroneous.

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.

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.

Kathryn Martin v. University of Louisville

541 F.2d 1171 · Court of Appeals for the Sixth Circuit · Aug 30, 1976

As members of the Board of Trustees, the defendants had a qualified immunity from personal liability for damages for acts performed within the scope of their official duties. Scheurer v. … The standard for measuring a school board member’s conduct to determine whether he is entitled to a qualified immunity from personal liability was recently stated by the Supreme Court in Wood v.

Pouillon v. Owosso, City Of

Court of Appeals for the Sixth Circuit · Mar 16, 2000

. § 1983, for violating his clearly established constitutional rights to freedom of speech, religion, and assembly by arresting him for protesting abortion while standing with a sign in front of city hall. … Was Finally, the question of qualified immunity, which was Pouillon obstructing anyone?

Kwame Ajamu 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.

Smith v. Jefferson Cnty

Court of Appeals for the Sixth Circuit · Nov 24, 2008

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.

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 .

Albert Jones v. Dan Bottom

Court of Appeals for the Sixth Circuit · Oct 30, 2023

Qualified immunity shields officials from trial “unless their actions violate clearly established rights.” DiLuzio, 796 F.3d at 608. … A government official is entitled to qualified immunity unless the evidence would permit a reasonable juror to find that “(1) the defendant violated a constitutional right; and (2) the right was clearly established.”

Gamble v. Reamer

60 F. App'x 578 · Court of Appeals for the Sixth Circuit · Mar 27, 2003

On appeal, plaintiff contends that the district court failed to give him an adequate opportunity to conduct discovery and erroneously granted summary judgment to defendants based upon qualified immunity. … Plaintiff cannot show that defendants violated any clearly established constitutional rights of which a reasonable person would have known. See Harlow v.

Shamaeizadeh v. Cunigan

Court of Appeals for the Sixth Circuit · Jul 22, 2003

Qualified Immunity at 37 (Magistrate Judge’s Proposed Findings of Fact and Recommendation) (quotations and brackets omitted).3 According to the doctrine of qualified immunity, Therefore, Reed … to qualified immunity with would understand that what he is doing violates that right.”

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.

Barber v. Overton

Court of Appeals for the Sixth Circuit · Aug 2, 2007

Second, determine whether that right was, at the time the violation occurred, clearly established. … Clearly Established Right I have little trouble concluding that the constitutional right here was clearly established.