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80 F. App'x 454 · Court of Appeals for the Sixth Circuit · Nov 5, 2003
Bennett, 157 F.3d 1054, 1057 (6th Cir.1998) (qualified immunity). A. … He therefore cannot defeat Sergeant Williams’ claim to qualified immunity, and we need not consider whether his constitutional rights were clearly established at the time of the violation. V.
Cited 8 timesPublished832 F.2d 950 · Court of Appeals for the Sixth Circuit · Nov 4, 1987
Those awards must be affirmed unless the defendants are entitled to prevail on qualified immunity grounds. … The defendants raised the qualified immunity defense in a motion to dismiss that was considered by a United States Magistrate prior to trial. The magistrate recommended that the motion be denied.
Cited 1,444 timesPublishedRhiannon Nugent v. Spectrum Juvenile Justice Servs.
72 F.4th 135 · Court of Appeals for the Sixth Circuit · Jun 28, 2023
First, Spectrum invoked qualified immunity, but that defense is “available only to individual government officials sued in their personal capacity.” United Pet Supply, Inc. v. … The question there was whether employees of a private prison were entitled to qualified immunity from § 1983 claims. Id. at 401.
Cited 42 timesPublished853 F.2d 445 · Court of Appeals for the Sixth Circuit · Sep 27, 1988
(a)(2). 2 On appeal, Gould also contends that, as the result of the sale of Trefimetaux’s shares, defendant can no longer qualify as a foreign state and so clearly would not be immune as regards its conduct after the change … Once the foreign state has produced such prima facie evidence of immunity, the burden of going forward would shift to the plaintiff to produce evidence establishing that the foreign state is not entitled to immunity.
Abrogated on other grounds by American Telecom Co. v. Republic of Lebanon, 501 F.3d 534 (2007)Cited 161 timesPublished553 F.2d 522 · Court of Appeals for the Sixth Circuit · Apr 21, 1977
The County is not immune from a money judgment for back pay by reason of the Eleventh Amendment. … A fortiori, there is no immunity for political subdivisions of the states. See Incarcerated Men of Allen County Jail v. Fair, 507 F.2d 281 (6th Cir. 1974).
Cited 16 timesPublished835 F.2d 627 · Court of Appeals for the Sixth Circuit · Feb 25, 1988
Sec. 1983 , and therefore did not qualify for an award of attorney's fees under 42 U.S.C. Sec. 1988 . … The plaintiffs maintain that when an action is clearly brought to redress a deprivation of rights, privileges, or immunities secured under the First Amendment, it would be redundant to require a specific citation to Sec.
Cited 9 timesPublished814 F.2d 1115 · Court of Appeals for the Sixth Circuit · Apr 1, 1987
The Supreme Court, which established the doctrine of judicial immunity in Bradley v. … Myers, 461 U.S. 138 , 103 S.Ct. 1684 , 75 L.Ed.2d 708 (1983), or the doctrine of qualified immunity because those issues were not addressed by the District Court and the record is not now adequate to address them on appeal
Cited 11 timesPublished822 F.3d 902 · Court of Appeals for the Sixth Circuit · May 13, 2016
Absent that qualifying conviction, his base offense level would have been 22. U.S.S.G. § 2K2.1(a)(3). … Even if the Guidelines are not constitutionally required, that does not afford them constitutional immunity once they are put into place.
Abrogated on other grounds by Beckles v. United States, 137 S. Ct. 886 (2017)Cited 84 timesPublished79 F. App'x 100 · Court of Appeals for the Sixth Circuit · Oct 22, 2003
But the denial of a summary-judgment motion that “necessarily determine[s] that certain conduct ... constituted a violation of clearly established law” is appealable even if disputed issues of fact remain. Id. … The fact that this arises in the context of a qualified-immunity ruling makes no difference.
Cited 0 timesPublished42 F. App'x 691 · Court of Appeals for the Sixth Circuit · Jul 22, 2002
We might gratuitously add, as the district court found, that the defendants have asserted qualified immunity. … Therefore, Albert must not only prove that his rights have been violated but that those specific rights were clearly established.
Cited 5 timesPublished199 F. App'x 433 · Court of Appeals for the Sixth Circuit · Sep 27, 2006
Federal Malicious Prosecution Claim The officers are entitled to qualified immunity because there was probable cause to prosecute Hubbard for assault. Thus, Hubbard’s federal malicious prosecution claim fails. … Thus, there was no constitutional violation and qualified immunity on the federal malicious prosecution claim was proper. E.
Cited 11 timesUnpublishedChris R. Plott v. General Motors Corporation, Packard Electric Division
71 F.3d 1190 · Court of Appeals for the Sixth Circuit · Dec 20, 1995
Such a defense, if established, shall be a bar to the action.... This section insulates employers from liability for decisions made in reliance on an EEOC opinion. … Alter the program, eleven women qualified as apprentices.
Cited 215 timesPublishedState Of Ohio v. U.S. Department Of Energy
904 F.2d 1058 · Court of Appeals for the Sixth Circuit · Oct 10, 1990
The amendment clearly subjects federal agencies to 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
Cited 4 timesPublishedOhio 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
Cited 1 timesPublishedCourt of Appeals for the Sixth Circuit · Feb 10, 2005
Goose Island also argues that the district court incorrectly determined that the police officers were entitled to qualified immunity. … Because the Court upholds the district court’s dismissal of the equal protection claim on its merits, it need not address whether the officers were entitled to qualified immunity. F.
Cited 0 timesPublishedNetChoice, LLC v. Jonathan Skrmetti
Court of Appeals for the Sixth Circuit · Aug 28, 2026
According to Skrmetti, this traps NetChoice in a catch-22: NetChoice’s damages are unrecoverable only if Tennessee’s officials are entitled to qualified immunity, which in turn requires “that no ‘clearly established … Our focus in the qualified-immunity analysis is notice.
Cited 0 timesPublishedAdair 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
Cited 25 timesPublishedSheri Trozzi v. Lake County, Ohio
29 F.4th 745 · Court of Appeals for the Sixth Circuit · Mar 29, 2022
Turning, then, to the clearly established inquiry, qualified immunity is appropriate unless the officer in question had “fair notice” that her conduct was unlawful. Brosseau v. … As a result, Snow is entitled to qualified immunity. * * * * * We affirm the judgment of the district court.
Cited 80 timesPublished1 F. App'x 430 · Court of Appeals for the Sixth Circuit · Jan 12, 2001
In the present case, Packer claims that the district court erred in finding that Detective Bechtel was entitled to qualified immunity. … We therefore concur in the district court’s conclusion that she was entitled to qualified immunity. E.
Cited 6 timesPublished956 F.2d 598 · Court of Appeals for the Sixth Circuit · Feb 12, 1992
Furthermore, Commission officials asserted that they were entitled to the defense of qualified immunity because no clearly established rights with regard to drug testing existed when the Ohio officials implemented Ohio Admin.Code … The invocation of the qualified immunity doctrine establishes "an immunity from suit rather than a mere defense to liability." Mitchell v.
Cited 1 timesPublished
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