Case law

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  • Mary Granger v. Alfred Marek, Gerald Kobey, Larry Griffith, Burton Roth

    583 F.2d 781 · Court of Appeals for the Sixth Circuit · Oct 9, 1978

    agents the standard of qualified immunity enunciated by the Supreme Court last term in Butz v. … absolute immunity and qualified immunity for public officers should turn on the role and function of the official and not on whether the alleged wrong sounds in tort or under the Constitution.

    Cited 61 timesPublished
  • Iesha Mitchell v. City of Benton Harbor, Mich.

    137 F.4th 420 · Court of Appeals for the Sixth Circuit · May 6, 2025

    Lastly, the City officials argue that qualified immunity shields their actions because Plaintiffs have not demonstrated that the right they assert is clearly established. … To overcome qualified immunity, Plaintiffs must show “(1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established at the time of the challenged conduct.”

    Cited 18 timesPublished
  • Steve Black v. Dixie Consumer Prods.

    835 F.3d 579 · Court of Appeals for the Sixth Circuit · Aug 29, 2016

    The best known, and most frequently invoked, immunity-from-suit cases involve claims of sovereign immunity, absolute immunity, and qualified immunity raised by governmental entities and individuals. … Often called “up-the-ladder” contractor immunity, it establishes an immunity from suit, not just from liability. Black concedes as much. See Appellee’s Br. 5, 20. Dixie and Georgia-Pacific agree.

    Cited 22 timesPublished
  • J. B. Taylor v. E. P. Perini, Superintendent

    503 F.2d 899 · Court of Appeals for the Sixth Circuit · Oct 3, 1974

    Rhodes, 416 U.S. 232 , 94 S.Ct. 1683 (1974), discussed the nature of this immunity in the context of a suit filed under 42 U.S.C. § 1983 : These considerations suggest that, in varying scope, a qualified immunity is available … It is the existence of reasonable grounds for the belief formed at the time and in light of all the circumstances, coupled with good faith belief, that affords basis for qualified immunity of executive officers for acts performed

    Cited 37 timesPublished
  • Tze-Pong "Raymond" Ku v. State of Tennessee

    322 F.3d 431 · Court of Appeals for the Sixth Circuit · Mar 12, 2003

    Hunt, 646 F.2d 1168, 1169 (6th Cir.1981) (citing Sherman for the proposition that a student’s interest in continuing medical school is a “qualified property interest” under Tennessee law). … In sum, the undisputed facts, even accepting as true Ku’s misapprehension of the pervasive faculty perception of his *438 problems at the College, establish that Tennessee is entitled to judgment as a matter of law on Ku’

    Cited 61 timesPublished
  • Joey Leon Smith v. Jeff Thornburg, Kenneth Slagle, Chris Line, Jim Claiborne, Ron Trentham, Mark Fortner, and the City of Knoxville, Tennessee

    136 F.3d 1070 · Court of Appeals for the Sixth Circuit · Feb 13, 1998

    Qualified Immunity 105 Finally, there are issues pertaining to qualified immunity that must also be addressed. … However, summary judgment based on qualified immunity is not appropriate in this instance. 107 When a defendant moves for summary judgment based on qualified immunity, the plaintiff must: 1) identify a clearly established

    Cited 166 timesPublished
  • Gerald M. Sparks v. Character and Fitness Committee of Kentucky

    859 F.2d 428 · Court of Appeals for the Sixth Circuit · Oct 18, 1988

    Our system of justice depends, in substantial measure, upon the service of competent and qualified attorneys. … The establishment of criteria for determining the intellectual competence, academic preparedness, and moral fitness of persons who petition the court for the privilege of undertaking the confidential trust of serving the

    Cited 41 timesPublished
  • Radvansky v. Olmsted Falls

    Court of Appeals for the Sixth Circuit · Jan 14, 2005

    did was objectively unreasonable in light of the clearly established constitutional rights.” … Qualified Immunity Having established that a reasonable jury could find that Telegdy and Saxer violated Radvansky’s constitutional right, the next steps in the qualified immunity analysis are to determine whether

    Cited 0 timesPublished
  • Felicia Morgan v. Wayne County, Mich.

    Court of Appeals for the Sixth Circuit · May 3, 2022

    Page 6 Qualified immunity shields public officials from personal liability under 42 U.S.C. § 1983 unless they “violate clearly established statutory or constitutional rights of which a reasonable person would have … It is Morgan’s burden to rebut the defense of qualified immunity.

    Cited 0 timesPublished
  • Kurzawa v. Mueller

    732 F.2d 1456 · Court of Appeals for the Sixth Circuit · Mar 22, 1984

    It was determined that the statute of limitations and the defendants' right to qualified immunity abrogated the Kurzawas’ claims. For the reasons set forth below, we affirm the decision of the district court. … Such a position clearly places him squarely within the judicial process to accomplish that goal.

    Cited 111 timesPublished
  • Whitfield v. Tennessee

    639 F.3d 253 · Court of Appeals for the Sixth Circuit · Mar 25, 2011

    Rising, 427 F.3d 351, 368 (6th Cir.2005) (en bane) (“We consider Eleventh Amendment immunity, as well as any exceptions to it, on a claim-by-claim basis.”). … This three-element test {“Mahon formulation”) for a prima facie case is clearly inconsistent with the five-element test described supra {“Monette formulation”). Monette states the proper test.

    Cited 197 timesPublished
  • United States v. Gordon Pennell

    737 F.2d 521 · Court of Appeals for the Sixth Circuit · Jul 31, 1984

    The court stressed that immunity should not be afforded to witnesses whose proffered testimony is ambiguous, cumulative, not clearly exculpatory or relevant only to credibility. Id. … The Smith case clearly indicates, however, that immunity should not be granted under such circumstances. 615 F.2d at 972 .

    Cited 283 timesPublished
  • Buck Ryan v. David Blackwell

    Court of Appeals for the Sixth Circuit · Nov 3, 2020

    Furthermore, because Ryan failed to allege a violation of a clearly established constitutional right, he is not able to overcome qualified immunity. II. … The qualified immunity doctrine prevents government actors from being held liable for “conduct [that] does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

    Cited 0 timesPublished
  • Ross v. Cty Memphis

    Court of Appeals for the Sixth Circuit · Sep 14, 2005

    Crews argues that his reliance on their advice renders his behavior reasonable, thus entitling him to a defense of qualified immunity. … Page 7 established’ at the time it was taken.”) (quoting Harlow v.

    Cited 0 timesPublished
  • Fortis Corporate Insurance, SA v. Viken Ship Management As

    597 F.3d 784 · Court of Appeals for the Sixth Circuit · Mar 10, 2010

    Was the District Court’s Negligence Finding Clearly Erroneous? … VSM asserts that this holding rested on clearly erroneous factual findings.

    Cited 6 timesPublished
  • Wendell Shane MacKey v. Dennis Dyke

    111 F.3d 460 · Court of Appeals for the Sixth Circuit · Apr 16, 1997

    immunity. … and (2) that corrections officials were not entitled to qualified immunity in light of Mackey’s clearly established right to release from segregation.

    Cited 233 timesPublished
  • Jeffrey Capen v. Saginaw County, Mich.

    103 F.4th 457 · Court of Appeals for the Sixth Circuit · Jun 5, 2024

    The district court also determined that because any right Capen asserted was not clearly established, Belleman was entitled to qualified immunity. … and that such rights were “clearly established” at the time of the violation.

    Cited 13 timesPublished
  • Heather Baker v. City of Trenton

    936 F.3d 523 · Court of Appeals for the Sixth Circuit · Aug 29, 2019

    Having found no constitutional violation, we need not examine the second prong of qualified immunity (whether the right was clearly established at the time of the violation). … On appeal, we affirmed the denial of qualified immunity. Id.

    Cited 70 timesPublished
  • Mark Lovell v. Clermont Cnty. Sheriff's Office

    Court of Appeals for the Sixth Circuit · Aug 4, 2026

    The district court denied the officers’ motion for summary judgment, concluding that they were not entitled to qualified immunity. … But the factual disputes in this appeal are “‘crucial to’ the qualified immunity question.” Gillman, 126 F.4th at 1160 (quoting Phelps, 286 F.3d at 298).

    Cited 0 timesPublished
  • Wright v. Moise

    67 F. App'x 924 · Court of Appeals for the Sixth Circuit · Jun 20, 2003

    immunity. … Defendants denied qualified immunity therefore can appeal on the ground that the facts as alleged by the plaintiff and construed in the light most favorable to him do not establish a prima facie violation of constitutional

    Cited 0 timesPublished

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