Case law

Haynes v. Marshall

887 F.2d 700 · Court of Appeals for the Sixth Circuit · Oct 12, 1989

"[T]he right the official is alleged to have violated must have been 'clearly established' " in a particularized sense, Anderson v. … They suggest, however, that there was no clearly established standard by which to measure whether they used excessive force, until 1986 when the Supreme Court announced its opinion in Whitley v.

Burden v. Carroll

108 F. App'x 291 · Court of Appeals for the Sixth Circuit · Aug 12, 2004

Qualified Immunity Mitchell v. … Qualified immunity affords government officials an immunity from suit “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known” (Harlow

Gary L. Higgason, M.D. v. Robert F. Stephens

288 F.3d 868 · Court of Appeals for the Sixth Circuit · May 1, 2002

Qualified immunity grants government officials engaged in discretionary activities immunity from individual liability for civil damages unless their conduct violates “clearly established statutory or constitutional rights … ” in nature, then the prosecutor would only be entitled to qualified immunity.

Lamar Wright v. City of Euclid

962 F.3d 852 · Court of Appeals for the Sixth Circuit · Jun 18, 2020

We analyze whether an officer is entitled to qualified immunity using two steps: (1) whether the defendant violated a constitutional right; and (2) whether that constitutional right was clearly established at the time of … For this prong of the qualified immunity analysis, we are “not to define clearly established law at a high level of generality.” Ashcroft v. al-Kidd, 563 U.S. 731, 742 (2011).

Angelo DiLuzio v. Village of Yorkville Ohio

796 F.3d 604 · Court of Appeals for the Sixth Circuit · Aug 6, 2015

Specifically, as pertinent here, the court denied qualified immunity to Mayor DiFilippo and Fire Chief Klubert on the due process claim concerning demolition of the building, denied qualified immunity to Police Chief Morelli … Qualified immunity shields government officials in the performance of discretionary functions from standing trial for civil liability unless their actions violate clearly established rights. Harlow v.

Blaine Sallier v. Deborah Brooks and Christine Ramsey

343 F.3d 868 · Court of Appeals for the Sixth Circuit · Sep 18, 2003

In 1993 in Lavado , when faced with a qualified immunity issue, we held that it was clearly established as of 1987 that a prisoner’s mail could not be opened and read in an arbitrary and capricious fashion. 992 F.2d at 610 … This analysis brings us to the third step of the qualified immunity: whether Sallier has offered sufficient evidence to indicate that the defendants’ actions were objectively unreasonable in light of the clearly established

Wendell Smith v. Pike County, Kentucky

338 F. App'x 481 · Court of Appeals for the Sixth Circuit · Jul 10, 2009

The district court held that in the absence of a clearly established constitutional right to the specific medical treatment in question, the defendants were entitled to qualified immunity. … Peed, 195 F.3d 692, 695 (4th Cir. 1999), the district court correctly held that the defendants were entitled to qualified immunity. See Saucier v.

Anita Arrington-Bey v. City of Bedford Heights

858 F.3d 988 · Court of Appeals for the Sixth Circuit · Feb 24, 2017

Qualified immunity. … Because no case clearly established the unlawfulness of the decisions made during Omar’s arrest and detention, the officers involved are entitled to qualified immunity.

Nathaniel Brent v. Wayne Cnty. Dep't of Human Servs.

555 F. App'x 519 · Court of Appeals for the Sixth Circuit · Feb 6, 2014

Alternatively, they contend that the rights that the district court identified were not clearly established and, therefore, qualified immunity shields them. … But on a claim of qualified immunity, “[t]he plaintiff has the burden of establishing that the law was clearly established at the time of the challenged conduct.” Andrews v.

Sammye R. Holloway v. Sally Brush Clermont County, Ohio

220 F.3d 767 · Court of Appeals for the Sixth Circuit · Jul 31, 2000

“[T]he actions of-a prosecutor are not absolutely immune merely because they are performed by a prosecutor. Qualified immunity represents the norm.... … Even if such motivations could legitimate Brush’s actions, it would be through qualified immunity, not absolute immunity, and she has not claimed qualified immunity.

Sherry Lintz Keith Lintz, Sr. Richele Nicole Jacobs Brian Allen Jacobs and Keith Lintz, Jr., by Next Friend Sherry Lintz v. Linda K. Skipski

25 F.3d 304 · Court of Appeals for the Sixth Circuit · May 25, 1994

The district court found defendant entitled to qualified immunity because the children’s federal constitutional due process right to be free from unnecessary harm in foster homes was not clearly established until late in … but under the facts of the case held that two years was more than enough time to satisfy the “clearly established” threshold.

Cheryl D. Lyons v. City of Xenia, Christine Keith, Officer Matthew Foubert, Officer

417 F.3d 565 · Court of Appeals for the Sixth Circuit · Aug 4, 2005

After considering the Supreme Court’s treatment of similar qualified-immunity issues in Brosseau , we now extend qualified immunity to Officer Foubert for Lyons’ excessive-force tackling claim. … The district court likewise rejected the officers’ qualified immunity defenses.

Sean DeCrane v. Edward Eckart

12 F.4th 586 · Court of Appeals for the Sixth Circuit · Sep 1, 2021

The district court denied Eckart qualified immunity on this argument, holding that our precedent clearly established that DeCrane would have tipped off the media as a private citizen rather than a public employee. … He next needed to overcome Eckart’s qualified-immunity defense by showing that Eckart’s conduct violated clearly established law. See Wesby, 138 S. Ct. at 589.

Angie Hall v. Katrice Sweet

666 F. App'x 469 · Court of Appeals for the Sixth Circuit · Dec 16, 2016

Qualified immunity requires plaintiffs “to plead facts making out a violation of a constitutional right clearly established in a particularized sense. … A single district court opinion is not enough to pronounce a right is clearly established for purposes of qualified immunity.

Joanne Hedrick v. Western Reserve Care System and Forum Health

355 F.3d 444 · Court of Appeals for the Sixth Circuit · Mar 4, 2004

In order to establish a prima facie case of disability discrimination under the ADA, a plaintiff must establish that: “1) he is an individual with a disability; 5 2) he is ‘otherwise qualified’ to perform the job requirements … memorandum is distinguishable in that the memorandum’s tone was clearly discriminatory, see id.

Joseph Siefert v. Hamilton Cty. Bd. of Comm'rs

951 F.3d 753 · Court of Appeals for the Sixth Circuit · Mar 3, 2020

And, at the very least, Defendants argue, the Sieferts’ due process rights were not clearly established, so qualified immunity blocks this lawsuit. … Even so, could this all be “clearly established” to get around qualified immunity? This standard extends broadly to “all but the plainly incompetent or those who knowingly violate the law.” District of Columbia v.

Rondigo, L.L.C. v. Township of Richmond

641 F.3d 673 · Court of Appeals for the Sixth Circuit · Jun 1, 2011

P. 12(b)(6), so we review an assertion of qualified immunity to determine only whether the complaint ‘adequately alleges the commission of acts that violated clearly established law.’” (quoting Mitchell v. … When the qualified immunity defense is raised at the pleading stage, the court must determine only whether the complaint “adequately alleges the commission of acts that violated clearly established law.”

Keith Cockrell v. City of Cincinnati

468 F. App'x 491 · Court of Appeals for the Sixth Circuit · Feb 23, 2012

immunity still was appropriate, however, because law was not clearly established). … Because we resolve this case on the ‘clearly established' element of qualified immunity, we express no opinion on the constitutionality of Hall’s actions. .

Jazmine Bryant v. Bill Hensley

Court of Appeals for the Sixth Circuit · Mar 19, 2024

In Hunter and Payne’s view, that response failed to argue that qualified immunity did not apply to them. True, Bryant’s estate bears the burden of showing that qualified immunity does not apply. See Blake v. … Edmonson County, 18 F.4th 516, 530 (6th Cir. 2021) (holding that the defendant acted in bad faith and was “not eligible for state qualified immunity” under Kentucky law because he violated the plaintiff’s “clearly established

Jamal Murray v. State of Ohio Dep't of Corrections

29 F.4th 779 · Court of Appeals for the Sixth Circuit · Mar 30, 2022

motion is based on a claim of qualified immunity.” … Heyd is entitled to qualified immunity as a matter of law We now consider the merits of the qualified-immunity defense.