Case law

Susan Strouss v. Michigan Department of Corrections, a State Agency and Body Politic Marie Fletcher Gerald Devoss, in Their Individual Capacities

250 F.3d 336 · Court of Appeals for the Sixth Circuit · May 4, 2001

to qualified immunity on that claim. … 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 which a

Smith v. JEFFERSON COUNTY BD. OF SCHOOL

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

entitled to legislative immunity, we need not address whether they are entitled to qualified immunity. I. BACKGROUND A. … entitled to legislative immunity, we do not need to address their claim that they are entitled to qualified immunity.

Christian Kreipke v. Wayne State University

807 F.3d 768 · Court of Appeals for the Sixth Circuit · Dec 4, 2015

The caselaw analyzing Eleventh Amendment immunity has not treated the Ernst factors, or the considerations relevant to any one of them, as a checklist that must be satisfied to establish immunity. … Lower-level governmental actors, however, are provided qualified immunity from tort liability under Subsection 2 of the GTLA, which states: (2) Except as otherwise provided in this section, and without regard to the

Feliz v. Taylor

49 F. App'x 3 · Court of Appeals for the Sixth Circuit · Oct 1, 2002

Taylor eventually moved for summary judgment on the merits of the claim as well as on a qualified immunity theory. … In addition, Feliz contends that the district court erred in concluding that Taylor was entitled to qualified immunity for his actions.

Dennis M. Wolfel, Cross-Appellant v. Nick Sanborn, Cross-Appellees

555 F.2d 583 · Court of Appeals for the Sixth Circuit · May 2, 1977

Donaldson, 422 U.S. 563 , 95 S.Ct. 2486 , 45 L.Ed.2d 396 (1975), has outlined the scope of the qualified immunity possessed by state officials under 42 U.S.C. § 1983 . … Burns, 424 U.S. 913 , 96 S.Ct. 1111 , 47 L.Ed.2d 317 (1976), and also to evaluate the qualified immunity from personal liability for damages available to members of a university Board of Trustees, Martin v.

Derrick Maye v. Paul Klee

Court of Appeals for the Sixth Circuit · Feb 14, 2019

We review orders denying qualified immunity de novo, Stoudemire v. … The second step of the qualified immunity analysis requires us to look to whether the officials’ acts violated “clearly established statutory or constitutional rights of which a reasonable person would have known.”

Sparks v. Character and Fitness Committee of Kentucky

818 F.2d 541 · Court of Appeals for the Sixth Circuit · Jun 16, 1987

II 8 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.

Greg Adkisson v. Jacobs Engineering Group, Inc

790 F.3d 641 · Court of Appeals for the Sixth Circuit · Jun 2, 2015

Yearsley immunity is, in our opinion, closer in nature to qualified immunity for private individuals under government contract, which is an issue to be reviewed on the merits rather than for jurisdiction. … Ct. 1657, 1665-68 (2012) (holding that a private attorney retained by the municipal government is entitled to the same qualified immunity from suit under 42 U.S.C. § 1983 that city employees enjoy because immunity for such

Jonathan Cowan, ph.d. v. University of Louisville School of Medicine Leah Dickstein, M.D. Donald Kmetz, M.D. And Other Unknown Persons

900 F.2d 936 · Court of Appeals for the Sixth Circuit · May 24, 1990

The court then determined that Kmetz and Dickstein were entitled to the protection of qualified immunity from suit under 42 U.S.C. § 1983 . … The plaintiff claims that the district court erred in granting summary judgment on eleventh amendment and qualified immunity grounds.

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 anticompetitive conduct and (2) "active[] supervis[ion … 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 anticompetitive conduct

Larry Smith v. Wayne Cnty., Mich.

Court of Appeals for the Sixth Circuit · Aug 5, 2025

Rev. 1337, 1378–98 (2021); William Baude, Is Qualified Immunity Lawful?, 106 Cal. L. Rev. 45, 79–80 (2018). … As a default, state actors are entitled to qualified immunity, which precludes liability unless the actor violated a clearly established constitutional right. Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982).

Jennifer Leech v. James DeWeese

689 F.3d 538 · Court of Appeals for the Sixth Circuit · Aug 3, 2012

Because Judge DeWeese is “the proponent of the claim of absolute judicial immunity, [he] bears the burden of establishing that such immunity is warranted.” Id. … We “review the denial of qualified immunity de novo.” Roth v. Guzman, 650 F.3d 603, 605 (6th Cir. 2011). IV.

Westfield v. Federal Republic of Germany

633 F.3d 409 · Court of Appeals for the Sixth Circuit · Feb 2, 2011

Otherwise, any payment to a foreign sovereign from a United States account would be sufficient to establish a direct effect and dissolve a foreign sovereign’s immunity. … sovereign immunity.

Ashbrook v. Block

917 F.2d 918 · Court of Appeals for the Sixth Circuit · Oct 25, 1990

immunity. … The constitutional violation for which a government official is held liable must be clearly established under existing precedent. Anderson v.

Davis v. Fentress County Tennessee

6 F. App'x 243 · Court of Appeals for the Sixth Circuit · Mar 2, 2001

A government official performing discretionary functions is entitled to qualified immunity in her individual capacity if her conduct does not violate constitutional standards in light of clearly established law at the time … In evaluating claims of qualified immunity under section 1983, we first determine whether a constitutional violation occurred and only then determine whether the right violated was clearly established such that a reasonable

O'Hara v. Board of Education of Brooklyn City School District

72 F. App'x 311 · Court of Appeals for the Sixth Circuit · Jul 30, 2003

A government official performing a discretionary function is entitled to qualified immunity from suit for civil damages unless his actions violate “clearly established statutory or constitutional rights of which a reasonable … “If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.

Ellis v. Washington County

198 F.3d 225 · Court of Appeals for the Sixth Circuit · Nov 30, 1999

We affirm the District Court’s grant of summary judgment on grounds of qualified immunity to jailors Garland and Mitchell. … We would prefer to avoid these kinds of evidentiary issues when ruling on our jurisdiction to decide qualified immunity under Johnson v.

James W. Smith v. Charles Martin

542 F.2d 688 · Court of Appeals for the Sixth Circuit · Oct 12, 1976

charge in the Laurel Circuit Court charging [him] with the offense of selling or disposing of mortgaged property; and in denying [him] a speedy trial of said indictment. »> Extensive depositions were taken from which it clearly … appears that Judge Helton’s role throughout the litigation in state court was solely that of a duly qualified circuit judge acting within his judicial jurisdiction.

Trevor Carten v. Kent State University

282 F.3d 391 · Court of Appeals for the Sixth Circuit · Feb 25, 2002

As the Supreme Court observed in Garrett , Congress clearly intended to abrogate states’ Eleventh Amendment immunity from the ADA. Id. … In order to qualify under Ex parte Young, such an action must seek prospective relief to end a continuing violation of federal law. See MacDonald v.

Daniel Norfleet v. Heather Renner

924 F.3d 317 · Court of Appeals for the Sixth Circuit · May 20, 2019

Page 3 a probation violation and that Renner’s affidavit clearly failed to establish probable cause to support the warrant Farris signed. II. … If so, did she clearly lack authority to perform that act? Farris clears the first immunity hurdle. Issuing an arrest warrant is a judicial act. See Foster, 864 F.2d at 417–18.