Case law

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

Draw v. Lincoln Park

Court of Appeals for the Sixth Circuit · Jun 21, 2007

Only if a constitutional violation has occurred should a reviewing court proceed to determine whether the constitutional right in question was so clearly established at the time of the alleged violation that a reasonable … Accordingly, further inquiries concerning qualified immunity are inappropriate in the instant case. Summers v. Leis, 368 F.3d 881, 888 (6th Cir. 2004).

Lundblad v. Celeste

874 F.2d 1097 · Court of Appeals for the Sixth Circuit · May 4, 1989

II. 7 It is now firmly established that some government officials in the course of performing official duties are entitled to a qualified immunity from suit for civil damages. … We merely hold that no such extension was "clearly established" in 1983 and that defendants are, therefore, entitled to qualified immunity from civil damages for first amendment violations under Sec. 1983 as interpreted by

Lawrence William Shelly v. Perry M. Johnson, Jack Bergman, Marjorie Vanochten, William O'connor, and Jerry Sherman

849 F.2d 228 · Court of Appeals for the Sixth Circuit · Jun 14, 1988

106 S.Ct. 496 [ 88 L.Ed.2d 507 ] (1985), the court held that the members of a federal prison discipline committee, who hear cases in which inmates are charged with infractions of institutional rules, are entitled only to qualified … These factors are clearly not present in the case of prison hearing officers under Michigan law.

Claybrook v. Birchwell

274 F.3d 1098 · Court of Appeals for the Sixth Circuit · Dec 21, 2001

The defendants argue that although disputes of fact remain in the record, they are not material to the issue of qualified immunity and that, therefore, a grant of qualified immunity is proper at this time. … Jones, 515 U.S. 304 , 115 S.Ct. 2151 , 132 L.Ed.2d 238 (1995), we have jurisdiction to consider the question of the officers’ qualified immunity.

Helen Jones v. City of Monroe, Michigan

341 F.3d 474 · Court of Appeals for the Sixth Circuit · Aug 21, 2003

To make out a prima facie case under Title II of the ADA, a plaintiff must establish that (1) she has a disability; (2) she is otherwise qualified; and (3) she is being excluded from participation in, being denied the benefits … Corp., 50 F.3d 1261, 1265 (4th Cir.1995) (finding that in order to establish disability discrimination under Title II of the ADA, a plaintiff must prove: (1) that he has a disability; (2) that he is otherwise qualified for

Thomas J. Simpson, Sr. v. David White, City of Loretto, Tennessee John T. Odem Johnny F. Cheatwood County of Lawrence, Tennessee

52 F.3d 326 · Court of Appeals for the Sixth Circuit · Apr 11, 1995

If so, ... a plaintiff must show that the law regarding this right was "clearly established" at the time that the constitutional violation occurred. … It was also clearly established that this unauthorized arrest violates the Fourth Amendment right to be free from unreasonable searches and seizures. 17 Defendant asserts that although this right was clearly established,

Monks v. Marlinga

923 F.2d 423 · Court of Appeals for the Sixth Circuit · Jan 8, 1991

immunity respecting the political affiliation claims, and (4) the dismissal of the Balkwills’ slander claim as untimely. 732 F.Supp. 749 . … Because we so hold, examination of the qualified immunity issue is unnecessary. The Balkwills also challenge the district court’s dismissal of their state law slander claim. In Carnegie-Mellon v.

Ralph Moore, Jr. v. City of Harriman Harriman Police Department Roy Jenkins, Chief of Police, Harriman Police Department Darren McBroom Terry Fink Randy Heidle Virgil McCart Jerry Singleton

272 F.3d 769 · Court of Appeals for the Sixth Circuit · Nov 8, 2001

See Harlow, 457 U.S. at 815 (qualified immunity is an affirmative defense which must be pled); English v. … (observing that assertion of qualified immunity defense indicates that the defendant interpreted the plaintiff's action as being against him personally because qualified immunity is only available in a personal capacity suit

David Reedy v. Michael West

988 F.3d 907 · Court of Appeals for the Sixth Circuit · Feb 24, 2021

West moved for summary judgment on qualified immunity grounds, arguing Reedy had failed to establish a constitutional violation. … was ‘clearly established’ at the time of the challenged conduct.”

State of Ohio v. United States

849 F.3d 313 · Court of Appeals for the Sixth Circuit · Feb 17, 2017

[which] clearly includes plans offered by state and local government employers . . . .” Appellees Br. at 11. … United States and “Plain Statement Rule” Arguments Fail Ohio next argues that the health plans it offers to its employees and those plans offered to the employees of its subdivisions do not qualify as group health

Garner v. Memphis Police Department

600 F.2d 52 · Court of Appeals for the Sixth Circuit · Jun 18, 1979

Our previous decisions do not establish the constitutionality of Tenn. … Does a municipality have a similar qualified immunity or privilege based on good faith under Monell ? 1 *55 2.

Jamie Reilly v. Henry Grayson, Chris Daniels, and Joseph Cross

310 F.3d 519 · Court of Appeals for the Sixth Circuit · Nov 18, 2002

First, the defendants contend as a legal matter that they should have been granted *521 qualified immunity because the plaintiff did not have a constitutional right to a “completely smoke-free environment,” but only the right … not to be celled with an active smoker, and because, even if there is a broader right to be housed in a smoke-free facility, it was not clearly established at the time of the plaintiffs complaints in this case.

Williams v. Grosse Pointe Park

Court of Appeals for the Sixth Circuit · Aug 3, 2007

If the right was not “clearly established”, then Miller is entitled to qualified immunity and summary judgment. … established” to prevent qualified immunity from attaching.

Jill Babcock v. State of Mich.

812 F.3d 531 · Court of Appeals for the Sixth Circuit · Feb 5, 2016

To establish standing, Babcock must meet three requirements: (1) “injury in fact — a harm that is both concrete and actual or imminent, not conjectural or hypothetical,” (2) causation — a “fairly traceable connection between … In this case, we face the question of whether certain design features in a building — for example handrails at entrances — qualify as a "service.”

Jacob Blankenship v. Louisville-Jefferson Cnty. Metro Gov't

Court of Appeals for the Sixth Circuit · Dec 16, 2025

Qualified Immunity Plaintiff appeals the district court’s grant of qualified immunity to Defendant Young at summary judgment. … “Under the doctrine of qualified immunity, ‘government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory

Bennett v. Eastpointe

Court of Appeals for the Sixth Circuit · Jun 8, 2005

entitling that officer to qualified immunity. … 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.

Leonard Embody v. Steve Ward

695 F.3d 577 · Court of Appeals for the Sixth Circuit · Aug 30, 2012

immunity is the answer. … Such a right may or may not exist, but the critical point for our purposes is that it has not been established—clearly or otherwise at this point.

Wilson v. Roberts

73 F. App'x 103 · Court of Appeals for the Sixth Circuit · Jul 17, 2003

This exception is thus “explicitly limited ... to appeals challenging, not a district court’s determination about what factual issues are ‘genuine,’ ... but the purely legal issue of what law was ‘clearly established’.” … Thus, Edwards is entitled to summary judgment based on qualified immunity....