Case law

Hager v. Pike County Board Of Education

286 F.3d 366 · Court of Appeals for the Sixth Circuit · Mar 29, 2002

Under the doctrine of qualified immunity, "government officials performing discretionary functions are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … Therefore, defendants are not entitled to qualified immunity and summary judgment is inappropriate. III.

Coffy v. Multi-County Narcotics Bureau

600 F.2d 570 · Court of Appeals for the Sixth Circuit · Jun 19, 1979

The Bureau, Laird, Beamer, Wilson and Dennis also filed a motion for summary judgment, asserting qualified immunities as defenses to liability. … Although inartfully framed, it is clear that the gravaman of defendants’ argument in asserting a qualified immunity is to challenge the sufficiency of the evidence to establish a violation of Coffy’s or Bower’s civil rights

Hussein Naji v. City of Dearborn, Mich.

120 F.4th 520 · Court of Appeals for the Sixth Circuit · Oct 28, 2024

Corporal Clive raised the defense of qualified immunity. … Therefore, Clive is entitled to qualified immunity.

Geza Morvay v. Maghielse Tool and Die Company, Inc., a Michigan Corporation

708 F.2d 229 · Court of Appeals for the Sixth Circuit · May 27, 1983

The issue here is whether the company acted in good faith and within the limits of qualified immunity when it communicated the conditions of Morvay’s offer to others. … It was communicated only to members of the Shop Committee and to an employee of the Michigan Civil Rights Commission, both clearly within recognized limits of a qualified immunity.

Joseph v. Patterson

795 F.2d 549 · Court of Appeals for the Sixth Circuit · Aug 19, 1986

If the law which the defendant's conduct is alleged to have violated is clearly established, then the qualified immunity defense must fail and discovery proceed. … If the law is not clearly established, the defendant is immune and summary judgment is proper.

Howard Bacon, and Private Officer, Inc. v. Joseph Patera, Patrolman, Donald Whitecar, Patrolman, Clayton Crook

772 F.2d 259 · Court of Appeals for the Sixth Circuit · Sep 13, 1985

Under Harlow , an official is entitled to immunity unless his conduct violates "clearly established statutory or constitutional rights of which a reasonable person should have known.” … As with the procedural due process claim, Chief Crook may assert a qualified immunity to any fourth amendment liability. See supra note 2.

Cummings v. Akron

Court of Appeals for the Sixth Circuit · Jul 22, 2005

In order to defeat Sherman’s and Vaughn’s assertion of qualified immunity, Cummings must demonstrate that (1) Sherman and Vaughn deprived him of a constitutionally protected right, and (2) that the right is “so clearly established … Thus, “[t]he threshold inquiry a court must undertake in a qualified immunity analysis is whether plaintiff’s allegations, if true, establish a constitutional violation.” Hope v.

Ohio v. U.S. Department of Energy

904 F.2d 1058 · Court of Appeals for the Sixth Circuit · Jun 11, 1990

According to its ordinary usage, the language of the waiver of sovereign immunity in section 1323 clearly includes civil penalties. … In order to find that Congress clearly waived sovereign immunity for civil penalties, we must find that Congress clearly intended that its specific inclusion of the United States for citizen suits would extend to the application

Scott v. Stout

3 F. App'x 194 · Court of Appeals for the Sixth Circuit · Jan 18, 2001

Plaintiff has failed to prove that Martin and Stout are not entitled to qualified immunity inasmuch as Plaintiff has faded to produce any evidence that these individuals violated a right so clearly established at the time … Martin and Stout were not entitled to summary judgment on the basis of qualified immunity. See 38 F.3d at 273 n. 2.

Chester Wheeler Campbell v. Joseph Shearer

732 F.2d 531 · Court of Appeals for the Sixth Circuit · Apr 24, 1984

Fitzgerald, 457 U.S. at 815, 102 S.Ct. at 2737 , and proving either that the law was not clearly established at the time of plaintiff’s alleged injury, or, if the law was clearly established, that he neither knew nor should … As the Supreme Court said in Harlow , “[i]f the law was clearly established, the *548 immunity defense ordinarily should fail, since a reasonably competent public official should known the law governing his conduct.” 457

James G. Jackson v. City of Columbus, Gregory Lashutka, Thomas W. Rice, Sr.

194 F.3d 737 · Court of Appeals for the Sixth Circuit · Nov 17, 1999

Defense of qualified immunity Having concluded that Jackson’s First Amendment freedom of speech claim states a cause of action, we must now consider the City’s defense of qualified immunity. … development by the parties.”); 2 James Mooke, MooRe’s Federal PRACTICE, § 12.34[4][b] & n.56 (3d ed. 1998) (“Defenses that require a factual review to be established (as ordinarily occurs with qualified immunity, for example

John A. Queen and Queen Electric Manufacturing Company v. Tennessee Valley Authority, Mike Butler and Craven Crowell, Defendants

689 F.2d 80 · Court of Appeals for the Sixth Circuit · Sep 24, 1982

Economou, 438 U.S. 478 , 98 S.Ct. 2894 , 57 L.Ed.2d 895 (1978), in which the Court held that federal officials were afforded only a qualified, good-faith immunity from suits for constitutional torts. … The nonliability is not an incident of immunity but the result of the entitlement of the TVA, when it acts solely as a governmental entity, to assert as well established substantive principle of nonliability which the Government

Gould, Inc. v. Mitsui Mining & Smelting Co.

947 F.2d 218 · Court of Appeals for the Sixth Circuit · Oct 22, 1991

In the first appeal, we determined that defendants qualified as foreign states under the FSIA. Gould at 450. … That finding is clearly supported by the evidence and is not disputed by defendants on appeal.

Barbara Young and Kenneth Young, Grange Mutual Insurance Company, Intervening v. United States

71 F.3d 1238 · Court of Appeals for the Sixth Circuit · Dec 27, 1995

The United States, by contrast, claimed that it is not liable under the Federal Tort Claims Act for payment of those benefits by Grange because it qualifies as a “secured party” immune from basic reparation benefits liability … It is a limited waiver of immunity.

Akers v. Mcginnis

352 F.3d 1030 · Court of Appeals for the Sixth Circuit · Feb 19, 2004

"In civil suits for money damages, government officials are entitled to qualified immunity for discretionary acts that do `not violate clearly established [federal] statutory or constitutional rights of which a reasonable … he must not only prove the violation of a right, but of a clearly established right.

Term Auto Sales, Inc. v. The City of Cleveland

54 F.3d 777 · Court of Appeals for the Sixth Circuit · May 18, 1995

I. 6 It is well settled that while qualified immunity protects officials, "the doctrine of qualified immunity is no defense to municipal corporations which may otherwise be liable for federal constitutional violations under … Again, defendants overstate the breadth of our holding in that opinion which was limited to the qualified immunity issue 4 In Frisby v.

S.L. Ex Rel. K.L. v. Pierce Township Board of Trustees

771 F.3d 956 · Court of Appeals for the Sixth Circuit · Nov 17, 2014

Next, the court denied the Township Defendants’ motion for summary judgment on the Appellants’ § 1983 individual-capacity claim against Homer, primarily because “summary judgment based on a qualified immunity defense is inappropriate … The court denied the motion, holding that DelGrande had forfeited this argument and the court had not clearly erred. DelGrande appealed the district court’s denial of statutory immunity under Ohio law. We affirmed.

Adair v. Charter County of Wayne

452 F.3d 482 · Court of Appeals for the Sixth Circuit · Jun 22, 2006

Qualified Immunity Plaintiffs complain that the district court erred in granting DeBeau qualified immunity from liability. … “Government officials who perform discretionary functions are generally entitled to qualified immunity and are protected from civil damages so long as ‘their conduct does not violate clearly established statutory or constitutional

Garner v. Memphis Police Department

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

Applying the qualified "good faith" privilege or immunity from liability for constitutional claims, as announced in our previous decisions cited above, we affirm that portion of the District Court's judgment dismissing the … Does a municipality have a similar qualified immunity or privilege based on good faith under Monell ? 1 2.

Spencer v. Detroit

Court of Appeals for the Sixth Circuit · Sep 25, 2007

“Qualified immunity is an affirmative defense that shields government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a … Because Pearson’s conduct was not objectively reasonable in light of clearly established law, he is not entitled to qualified immunity on plaintiffs’ claims of wrongful prosecution. III.