Case law

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.”

Abdul-Mateen v. Martin

20 F. App'x 286 · Court of Appeals for the Sixth Circuit · Sep 17, 2001

Finally, Abdul-Mateen’s claim that defendant Sprang was not entitled to absolute judicial immunity is moot since the district court amended its earlier order and granted defendant Sprang qualified, rather than absolute judicial … immunity.

Holt v. Artis

843 F.2d 242 · Court of Appeals for the Sixth Circuit · May 17, 1988

A defendant claiming such qualified or good faith immunity is not required "to prove ... that the conduct alleged did not violate clearly established law." … majority misapprehends the law of qualified immunity as applied to the facts of this case.

Sun Pub. Co. v. Walling

140 F.2d 445 · Court of Appeals for the Sixth Circuit · Jan 24, 1944

Moreover, the Act itself clearly distinguishes newspapers from the type of service establishment exempted by reason of its specific exemption of certain types of *449 newspapers. … The Act exempts those engaged in professional employment and the Administrator requires that to qualify as professional an employee’s work must be of a nature usually prepared for by a long course of specialized training

Flavia Pichiorri v. Arthur Burghes

Court of Appeals for the Sixth Circuit · Dec 19, 2025

For our part, we held that sovereign immunity qualifies as a “jurisdictional bar” and not an “affirmative defense” in Russell v. Lundergan-Grimes, 784 F.3d 1037, 1046 (6th Cir. 2015). … As an initial matter, Pichiorri does not dispute that sovereign immunity would generally cover Ohio State’s Board of Trustees, a suable entity that qualifies as an arm of Ohio. See Hall v. Med.

Martin v. Brown-Clark

76 F. App'x 701 · Court of Appeals for the Sixth Circuit · Sep 25, 2003

However, it held that even if Brown-Clark had terminated Martin because of his political patronage, she was entitled to qualified immunity because the right to be free of such a termination was not so clearly established … It is also unnecessary for us to decide whether Brown-Clark would have been entitled to qualified immunity.

Ernst v. Roberts

379 F.3d 373 · Court of Appeals for the Sixth Circuit · Aug 12, 2004

City of Marine City, 336 F.3d 487 , 490 (6th Cir.2003) (“Qualified immunity is an affirmative defense shielding governmental officials from liability as long as their conduct does not violate clearly established statutory … immunity constitutes an impermissible end run around the well-established principles of the Eleventh Amendment.”

Karen McNeil v. Cmty. Probation Servs.

945 F.3d 991 · Court of Appeals for the Sixth Circuit · Dec 23, 2019

If he acts for the county, neither sovereign immunity, qualified immunity, nor any other defense stands in the way at this stage of the case. … Judges have absolute immunity from suits based on their judicial acts, except in matters over which they clearly lack jurisdiction. Mireles v. Waco, 502 U.S. 9, 9, 11–12 (1991) (per curiam).

Avery v. Hoague

7 F. App'x 320 · Court of Appeals for the Sixth Circuit · Feb 6, 2001

Pohl and Dick are entitled to qualified immunity. … If a prudent individual could believe that reasonable cause existed to arrest Avery, Pohl and Dick are entitled to qualified immunity regardless of whether probable cause existed to make the arrest. See Malley v.

31 Fair empl.prac.cas. 465, 31 Empl. Prac. Dec. P 33,497 Hanson Bratton v. City of Detroit, and Guardians of Michigan, Intervening

704 F.2d 878 · Court of Appeals for the Sixth Circuit · Mar 29, 1983

In that order, the court concluded that the defendants possessed qualified good faith immunity and, therefore, could not be held liable for damages under § 1983. … The issue of qualified good faith immunity is relevant in this case only insofar as it may affect the plaintiffs’ right to recover damages based on injuries for which the city is liable.

Libertarian Nat'l Comm. v. Terry Holiday

907 F.3d 941 · Court of Appeals for the Sixth Circuit · Nov 2, 2018

We review de novo the district court’s grant of qualified immunity to KET officials on most of Patterson’s damages claims and on his challenges to the criteria themselves. See Leone v. … The district court correctly found the KET officials entitled to qualified immunity. 2.

G.W. McCoig and Margaret H. Darnell v. Jefferson City, Tennessee, Randy Holt and Todd Loveday

73 F.3d 362 · Court of Appeals for the Sixth Circuit · Dec 21, 1995

Because Darnell and McCoig failed to allege a violation of a clearly established constitutional right against Jefferson City or Holt and Loveday in their official capacities, we AFFIRM the district court's grant of summary … Qualified immunity is not granted to those who are "plainly incompetent" or "knowingly violate the law." Id. (citing Malley v. Briggs, 475 U.S. 335, 341 (1986)).

Paul Scarbrough v. Morgan County Board Of Education

470 F.3d 250 · Court of Appeals for the Sixth Circuit · Nov 22, 2006

Thus, whether the Board members are entitled to qualified immunity hinges on whether Scarbrough's right was clearly established such that a reasonable person would know that the alleged decision to hire Freels violated Scarbrough's … Here, Scarbrough's right to express himself was clearly established, and thus, the Board members are not entitled to qualified immunity. III.

Traci Greene v. Gayle Bowles, Anthony J. Brigano

361 F.3d 290 · Court of Appeals for the Sixth Circuit · Mar 16, 2004

immunity. … immunity, which motion the district court denied.

Midkiff v. Adams Cnty Reg Water

Court of Appeals for the Sixth Circuit · May 24, 2005

Qualified Immunity Under well-established qualified immunity doctrine, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does … The Magistrate Judge recommended that defendant Brian Ast, manager of the Water District, enjoys qualified immunity here because the Midkiffs have not sufficiently alleged a violation of a clearly established statutory or

Freddie Judd v. City of Baxter, Tenn.

Court of Appeals for the Sixth Circuit · Aug 21, 2019

If Judd prevails on this step, he moves to the second step in qualified immunity analysis and must show that the right was clearly established at the time it was violated. … In the second step of qualified immunity analysis, we ask whether Judd’s asserted right was clearly established at the time of the incident. We find that it was.

Chesher v. Neyer

477 F.3d 784 · Court of Appeals for the Sixth Circuit · Feb 16, 2007

Because Ohio Rev.Code Ann. § 2505.03(A) provides that every final order may be appealed, Ohio now clearly allows for an immediate appeal from the denial of immunity under Chapter 2744. … Ohio law also establishes that acts of coconspirators are attributable to one another. Williams, 700 N.E.2d at 868.

Guercio v. Brody

814 F.2d 1115 · Court of Appeals for the Sixth Circuit · Apr 1, 1987

Stansfield, 3 L.R.Ex. 220 (1868) (emphasis in original)). 35 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

Fortis Corporate Insurance, SA v. Viken Ship Management AS

Court of Appeals for the Sixth Circuit · Mar 10, 2010

Was the District Court’s Negligence Finding Clearly Erroneous? … VSM asserts that this holding rested on clearly erroneous factual findings.

United States v. Michael Bartel

19 F.3d 1105 · Court of Appeals for the Sixth Circuit · Mar 28, 1994

We will neither prohibit a grand jury from indicting any witness who testifies before it under a grant of immunity, nor permit prosecutors to shirk their affirmative duty to establish independent sources. … However, Agent Black-wood’s testimony established that the government knew and had obtained inculpatory information about defendant Bartel from Ogle prior to Bartel’s immunized testimony.