Case law

Dawn Green v. City of Southfield, Mich.

925 F.3d 281 · Court of Appeals for the Sixth Circuit · May 28, 2019

Qualified immunity protects police officers from liability for actions that do not violate clearly established rights apparent to a reasonable officer standing in their shoes. Harlow v. … At issue on summary judgment is whether a material-fact dispute stands in the way of the officers' qualified-immunity defense or whether they are entitled to judgment as a matter of law. Northrup v.

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.”

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.

Experimental Holding v. Farris

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

of qualified immunity. … immunity as follows: [W]hen sued in their individual capacities, public officers and employees enjoy . . . qualified official immunity, which affords protection from damages liability for good faith judgment

Caroline Dufrin v. Oakland County Sheriff Johannes Spreen

712 F.2d 1084 · Court of Appeals for the Sixth Circuit · Jul 29, 1983

The court stated that the objective good faith prong of the Procunier test was satisfied because even if the strip search violated any of Sala’s constitutional rights, these “rights were not ‘clearly established’ at the time … “Qualified or ‘good faith’ immunity is an affirmative defense that must be pleaded by a defendant official.” Harlow v. Fitzgerald, 457 U.S. 800, 815 , 102 S.Ct. 2727, 2737 , 73 L.Ed.2d 396 (1982); Gomez v.

Derek Waskul v. Washtenaw Cnty. Community Mental Health

979 F.3d 426 · Court of Appeals for the Sixth Circuit · Oct 29, 2020

Plaintiffs assert that Defendants Gordon, Terwilliger, Cortes, CMHPSM, and WCCMH have violated Title II of the ADA, 42 U.S.C. § 12132, which establishes that “no qualified individual with a disability shall, by reason of … A regulation promulgated under § 504 similarly establishes that recipients of federal funds “shall administer programs and activities in the most integrated setting appropriate to the needs of qualified handicapped persons

Sheryl Taylor v. Timothy Geithner

703 F.3d 328 · Court of Appeals for the Sixth Circuit · Jan 2, 2013

This regulation clearly outlines the agency procedures available to a complainant, yet it remains silent as to whether a complainant may seek further remedies, such as appealing to federal court. … Many of these alleged actions are based on inadmissible or unauthenticated evidence or do not qualify as adverse actions.

Untalan v. Lorain

Court of Appeals for the Sixth Circuit · Dec 7, 2005

When evaluating the plaintiff’s case against qualified immunity, “the first inquiry must be whether a constitutional right would have been violated on the facts alleged; second, assuming the violation is established, the … question whether the right was clearly established must be considered on a more specific level.”

Lloyd D. Alkire v. Judge Jane Irving

330 F.3d 802 · Court of Appeals for the Sixth Circuit · Jun 2, 2003

Additionally, as a result of being sued only in their official capacities, *811 Sheriff Zimmerly and Judge Irving cannot claim any personal immunities, such as quasi-judicial or qualified immunity, to which they might be … As the only immunity available to any of the defendants is Eleventh Amendment immunity, it is fitting to begin with this issue.

Gerald Byrd v. Randall Haas

17 F.4th 692 · Court of Appeals for the Sixth Circuit · Nov 9, 2021

Likewise, the district court granted summary judgment for Leach after holding that Byrd “did not have a clearly established right” to have Leach “reply to or forward [his] request for Ifa group religious services and particular … And the district court also granted McKee—the final decisionmaker—qualified immunity.

Lundstrum v. Lyng

954 F.2d 1142 · Court of Appeals for the Sixth Circuit · Jan 7, 1991

To bring a tort action against the United States, the plaintiff must establish that the United States has waived its sovereign immunity. United States v. … The alleged constitutional violation for which the plaintiff seeks redress was not clearly established under existing precedent at the time of the defendants’ conduct. Anderson v.

Eduardo Jacobs v. Raymon Alam

Court of Appeals for the Sixth Circuit · Feb 8, 2019

Ct. 2003 (2017) (per curiam), and even if they are, the district court erred in denying them qualified immunity. … Page 12 well-established that ‘a defendant challenging the denial of summary judgment on qualified immunity grounds must be willing to concede the most favorable view of the facts to the plaintiff for purposes of the appeal

International Union, United Automobile, Aerospace, & Agricultural Implement Workers & Its Locals 656 & 985 v. Greyhound Lines, Inc.

701 F.2d 1181 · Court of Appeals for the Sixth Circuit · Mar 11, 1983

Navarette, 434 U.S. 555 , 98 S.Ct. 855 , 55 L.Ed.2d 24 (1978) (prison administrators entitled to qualified immunity); Imbler v. … Rhodes, 416 U.S. 232 , 94 S.Ct. 1683 , 40 L.Ed.2d 90 (1974) (state executive officials entitled to qualified immunity). .

Cox v. Shelby State Community College

48 F. App'x 500 · Court of Appeals for the Sixth Circuit · Sep 24, 2002

Eleventh Amendment Immunity The district court also held that Cox’s claims were barred by the Eleventh Amendment. We review questions of sovereign immunity de novo. Timmer v. … Amman may be held liable for tortious acts committed in his individual capacity: there, he only benefits from qualified immunity.

Sell v. City of Columbus

47 F. App'x 685 · Court of Appeals for the Sixth Circuit · Aug 26, 2002

color of law and deprived them of a right clearly established by the Constitution or other federal law. … Where plaintiffs are able to show violation of their constitutional rights, a governmental official acting in a discretionary capacity is entitled to qualified immunity unless “that right was clearly established such that

Milan Chonich and Carmen Pascaretti, Cross-Appellants v. Wayne County Community College, Cross-Appellee

874 F.2d 359 · Court of Appeals for the Sixth Circuit · May 12, 1989

The district court entered judgment against Wayne, but dismissed defendant Ford by directed verdict from the action based on a finding of qualified privilege and/or immunity. … This would bear on the question of “malice” if Ford were entitled only to qualified immunity.

White v. Gerbitz

892 F.2d 457 · Court of Appeals for the Sixth Circuit · Dec 20, 1989

immunity because his conduct did not violate clearly established state law. … put Detective Angel on notice that he was violating clearly established constitutional or statutory rights 4 Based on the Supreme Court's recent decision in Canton v.

United States v. David W. Lanier

73 F.3d 1380 · Court of Appeals for the Sixth Circuit · Jan 23, 1996

The “make specific” standard is substantially higher than the “clearly established” standard used to judge qualified immunity in section 1983 civil cases. … In those civil, constitutional tort cases, the parties accused of violating constitutional rights have the protection of the qualified immunity doctrine. Anderson v.

Meyers v. Columbia/HCA Healthcare Corp.

341 F.3d 461 · Court of Appeals for the Sixth Circuit · Aug 20, 2003

immunity. … Defendants in this case clearly satisfied the first pursuit” that “was a continuation of harassing behavior three factors.

Lisa Mills v. The City Of Barbourville

389 F.3d 568 · Court of Appeals for the Sixth Circuit · Nov 12, 2004

The doctrine of qualified immunity provides that "government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … of probable cause is unreasonable, qualified immunity is not appropriate.