Case law

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.

Ecclesiastical Order Of The Ism Of Am, Inc. v. Internal Revenue Service

725 F.2d 398 · Court of Appeals for the Sixth Circuit · Jan 18, 1984

In light of that holding, and in light of the qualified immunity which agents of the IRS enjoy, see Butz v. … establish that Congress intended to waive sovereign immunity through this provision under certain circumstances.

Terry Donovan v. Timothy Thames and Patrick Collura

105 F.3d 291 · Court of Appeals for the Sixth Circuit · Jan 27, 1997

immunity. … The district court held that the law was not clearly established as to whether a § 1983 action claiming malicious prosecution could be maintained and therefore found qualified immunity.

Americans United for Separation of Church & State v. School District of Grand Rapids

835 F.2d 627 · Court of Appeals for the Sixth Circuit · Dec 16, 1987

Those programs established and operated by the School District of the City of Grand Rapids, through the use of premises leased from religious nonpublic schools, are declared violative of the Establishment Clause of the First … 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 § 1983

Depiero v. City Of Macedonia

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

Qualified Immunity 47 "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 ' … Because the law was not clearly established that Mayor Migliorini lacked jurisdiction to try plaintiff's case, he enjoys qualified immunity from liability in his individual capacity. 48 iii.

Elitia Fisher v. The City of Memphis W. W. Herenton Walter Winfrey, Director of the Memphis Police Department, Individually and in His Official Capacity, William D. Taylor, City of Memphis Police Officer

234 F.3d 312 · Court of Appeals for the Sixth Circuit · Dec 4, 2000

VI. 20 Defendant also contends that the district court erred by not giving the jury an instruction as to qualified immunity. … While the issue of qualified immunity normally rests with the court, in cases arising under the Fourth Amendment's reasonableness standard the applicability of qualified immunity will often turn on the resolution of contested

Nuclear Transport & Storage, Inc. v. United States

890 F.2d 1348 · Court of Appeals for the Sixth Circuit · Oct 17, 1989

immunity. … Moreover, under the doctrine of qualified immunity, government officials are shielded from liability for civil damages insofar as their conduct does not violate “clearly established statutory or constitutional rights of which

Dennis Wolfel v. Nick Sanborn

691 F.2d 270 · Court of Appeals for the Sixth Circuit · Oct 20, 1982

We construe the remand order of the Supreme Court to mean that State officials are entitled to the same qualified immunity in an action filed under 42 U.S.C. § 1983 as was accorded to aides of the President in Harlow v. … The short answer to this contention is that the Supreme Court would not have directed this court to reconsider this case in the light of Harlow if it did not intend for this court to follow the law established in that case

Scott v. Bair

55 F. App'x 268 · Court of Appeals for the Sixth Circuit · Jan 8, 2003

Plaintiff-Appellant David Scott, an inmate in the Michigan Department of Corrections prison system, appeals the district court’s grant of summary judgment based on qualified immunity to Defendant-Ap-pellee, Philip Bair. … On March 29, 2001, the district court issued an order holding that Bair was entitled to summary judgment based on qualified immunity.

Lund v. Seneca County Sheriff's Department

230 F.3d 196 · Court of Appeals for the Sixth Circuit · Oct 12, 2000

It held that the Seneca County *197 law enforcement officers were protected by qualified immunity and that there was probable cause for the arrest of Larry Lund. … Lund asserts that the defendant law enforcement officers “transgressed a clearly established right” under the Extradition Clause, as enunciated in Taylor v.

Miller Ex Rel. Estate of Kelly v. Mylan Inc.

741 F.3d 674 · Court of Appeals for the Sixth Circuit · Jan 21, 2014

The defendant pleaded immunity under a Michigan statute that immunizes manufacturers of “drugs” from suit. … In light of the Michigan legislature’s failure to clearly immunize manufacturers of “combination products,” the statute should not be construed to exempt those manufacturers from suit.

Pennington v. METRO. GOV., NASH. & DAVIDSON COUNTY

511 F.3d 647 · Court of Appeals for the Sixth Circuit · Jan 10, 2008

We *653 also have no need to determine whether Bishop and Hagar are entitled to qualified immunity. See McKinley v. … of a clearly established right”) (emphasis in original).

United States v. 57,261 Items of Drug Paraphernalia, Etc., (88-5320), Contempo Products, Inc., by and Through Its President Richard K. Rowland (88- 5320), Claimant-Appellant. Contempo Products, Inc. v. Ralph Whiteside and Bill Crane (87-6018)

869 F.2d 955 · Court of Appeals for the Sixth Circuit · May 10, 1989

Contempo sought an injunction against the seizure and damages against the agents. 30 The only question before us on this appeal concerns qualified immunity from liability for damages: are the agents entitled to qualified … immunity because in effecting the seizure they did not violate "clearly established law" under the principles set out in Harlow v.

White v. Phillips

118 F. App'x 1 · Court of Appeals for the Sixth Circuit · Sep 20, 2004

A magistrate judge recommended that summary judgment be granted to the defendant warden on the basis of qualified immunity, because White had not demonstrated the violation of a clearly established constitutional right; it … Defendant raised the issue of qualified immunity, and White failed to show a violation of clearly established law. Cameron v. Seitz, 38 F.3d 264, 272 (6th Cir.1994).

Transamerica Assurance Corporation v. Settlement Capital Corporation, United States of America, Gary Steele

489 F.3d 256 · Court of Appeals for the Sixth Circuit · Jun 5, 2007

This court reviews de novo the district court’s grant of summary judgment and resolution of legal questions, but accepts the district court’s factual findings unless clearly erroneous. Cf. S.J. v. … Tort victims’ periodic annuity payments received from a structured settlement, for example, might formerly have been included in the victim’s income, even though clearly part of a tort settlement.

John McGlone v. Robert Bell

Court of Appeals for the Sixth Circuit · Apr 23, 2012

QUALIFIED IMMUNITY The district court erroneously dismissed the TTU officials in their individual capacities based on their qualified immunity. R. 29, Mem., at 20. … violated, and (2) whether that right was clearly established.”