Case law

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  • Carrelli v. Ginsburg

    956 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
  • Michael Montgomery, Administrator Ad Litem of the Estate of Mary L. Nave, Plaintiff-Appellant/ Cross-Appellee v. Carter County, Tennessee, Jack Perkins, Highway Superintendent, Carter County, Tennessee, Carter County Commission, Dean Perry, Carter County Commissioners in Their Individual and Official Capacities, Defendants-Appellees/cross-Appellants, Luther Jean Hassell, A/K/A Jean W. Hassell

    226 F.3d 758 · Court of Appeals for the Sixth Circuit · Sep 18, 2000

    The cross-appeal--qualified immunity 45 The doctrine of qualified immunity generally shields government officials from civil liability for performing discretionary functions "insofar as their conduct does not violate clearly … We thus conclude that the county defendants were not entitled to summary judgment on the basis of qualified immunity. E.

    Cited 25 timesPublished
  • Prince v. Hicks

    198 F.3d 607 · Court of Appeals for the Sixth Circuit · Dec 2, 1999

    The Supreme Court held that “advising the police in the investigative phase of a criminal case is [not] so ‘intimately associated with the judicial phase of the criminal process’ that it qualifies for absolute immunity.” … The Court added, “it is incongruous to allow prosecutors to be absolutely immune from liability for giving advice to the police, but to allow police officers only qualified immunity for following the advice.”

    Cited 43 timesPublished
  • DePiero v. City of Macedonia

    180 F.3d 770 · Court of Appeals for the Sixth Circuit · Jun 23, 1999

    Qualified Immunity “Under the doctrine of qualified immunity, government officials acting in their official capacities are protected from being sued in their individual capacities for damages if their actions did not ‘violate … Because the law was not clearly established that Mayor Migliorini lacked jurisdiction to try plaintiffs case, he enjoys qualified immunity from liability in his individual capacity. iii.

    Cited 113 timesPublished
  • 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.

    Cited 4 timesPublished
  • Minnie L. Tatum, and Cross-Appellants v. F. David Mathews, Secretary of Health, Education and Welfare, and Cross-Appellee

    541 F.2d 161 · Court of Appeals for the Sixth Circuit · Sep 2, 1976

    Roth specified: “To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it. … Thus we hold the district court erred and retroactive relief is barred by sovereign immunity. 5 IV.

    Cited 24 timesPublished
  • Montgomery v. Carter County

    226 F.3d 758 · Court of Appeals for the Sixth Circuit · Sep 18, 2000

    The cross-appeal — qualified immunity The doctrine of qualified immunity generally shields government officials from civil liability for performing discretionary functions “insofar as their conduct does not violate clearly … We thus conclude that the county defendants were not entitled to summary judgment on the basis of qualified immunity. E.

    Cited 34 timesPublished
  • Davenport v. Causey

    Court of Appeals for the Sixth Circuit · Apr 4, 2008

    Officer Causey based his motion on qualified immunity, arguing that his actions did not violate the Constitution and that even if they did, it was not clearly established that such actions would violate the Constitution. … Officer Causey’s Qualified Immunity Qualified immunity for a police officer in his individual capacity involves a two-step analysis.

    Cited 0 timesPublished
  • Terry Whitman Shoultes, (87-1499/1575) Executive Art Studios, Inc., (87-1499) v. R. Bruce Laidlaw

    886 F.2d 114 · Court of Appeals for the Sixth Circuit · Sep 18, 1989

    The Mayor and Council clearly were acting in their legislative capacities in passing the 1978 zoning ordinance. … Like the District Court, we conclude that Scofield is shielded by qualified immunity because he "could have, in light of the preexisting law, reasonably believed his action was lawful." Dáñese v.

    Cited 37 timesPublished
  • Moore v. City of Harriman

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

    Under the course of proceedings analysis, the protections of the qualified immunity doctrine are largely lost. … (observing that assertion of qualified immunity defense indicates that the defendant interpreted the plaintiffs action as being against him personally because qualified immunity is only available in a personal capacity suit

    Cited 188 timesPublished
  • Mary Morris v. United States

    540 F. App'x 477 · Court of Appeals for the Sixth Circuit · Aug 23, 2013

    The burden is on the plaintiff to establish that the government has waived sovereign immunity. Reetz v. United States, 224 F.3d 794, 795 (6th Cir. 2000). … Morris has therefore failed to carry her burden of establishing a waiver of sovereign immunity. In sum, Mrs.

    Cited 8 timesUnpublished
  • Hughlett v. Romer-Sensky

    98 F. App'x 360 · Court of Appeals for the Sixth Circuit · Mar 4, 2004

    proved, will overcome the defense of qualified immunity.” … Goad recognizes that in cases in which improper motive is alleged and qualified immunity is or may be at issue, the district court may insist that a plaintiff put forward specific, nonconclusory factual allegations establishing

    Cited 3 timesPublished
  • 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 (1995), we have jurisdiction to consider the question of the officers' qualified immunity.

    Cited 18 timesPublished
  • Southern Rehabilitation Group, P.L.L.C. v. Secretary of Health & Human Services

    732 F.3d 670 · Court of Appeals for the Sixth Circuit · Oct 18, 2013

    By failing to establish that they satisfied the presentment requirement, plaintiffs have not fulfilled the conditions placed on the limited waiver of immunity in the Medicare Act. … Accordingly, Congress clearly encouraged this efficiency through its limited waiver of immunity requiring interest payments on any clean claim not paid within 30 days.

    Cited 31 timesPublished
  • Hartman v. Great Seneca Financial Corp.

    569 F.3d 606 · Court of Appeals for the Sixth Circuit · Jun 30, 2009

    Contrary to the district court’s conclusion, Great Seneca and Javitch have not established that they qualify for the BFE defense. … been construed by Courts to afford qualified immunity [to lawyers engaged in litigation]” (JA 38) (emphasis added), and, at the same time, “[l]awyers possess an absolute privilege [under common law] concerning statements

    Cited 83 timesPublished
  • Lowery v. Euverard

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

    the defendants of qualified immunity. … “A right is ‘clearly established’ for qualified immunity purposes when the contours of the right are sufficiently clear, even if the specific action in question has never been held unlawful.” Smoak v.

    Cited 0 timesPublished
  • Adair v. Charter County Of Wayne

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

    Qualified Immunity 39 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 28 timesPublished
  • Bernadine Kent v. Ohio House of Representatives

    33 F.4th 359 · Court of Appeals for the Sixth Circuit · May 9, 2022

    Our focus is not on whether Kent’s conduct qualifies as legislative activity; it is whether the conduct of the representatives she has sued does. … As discussed above, the Supreme Court has taken a broad view of what qualifies as part of the legislative process.

    Cited 10 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. … Such a position clearly places him squarely within the judicial process to accomplish that goal.

    Cited 34 timesPublished
  • Terrence Johnson v. Phil Bredesen

    624 F.3d 742 · Court of Appeals for the Sixth Circuit · Oct 28, 2010

    Giles, 312 F.3d 220, 229 (6th Cir.2002), the Privileges or Immunities Clause of the Fourteenth Amendment prohibits states from abridging the privileges or immunities of national *752 citizenship. U.S. Const, amend. … But in any event, even if voting qualifies as a privilege or immunity of citizenship, Plaintiffs fail to state a claim because, under the Supreme Court’s holding in Richardson , the Constitution authorizes the complete abrogation

    Cited 66 timesPublished

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