Case law

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.

Cady v. Arenac County

574 F.3d 334 · Court of Appeals for the Sixth Circuit · Jul 30, 2009

Under Imbler , the issuance of charges against Cady and the prosecution of those charges clearly fall “within the scope of [the prosecutor’s] duties in initiating and pursuing a *340 criminal prosecution.” … immunity applies.”

Scott E. Ewing v. Board of Regents of the University of Michigan

742 F.2d 913 · Court of Appeals for the Sixth Circuit · Sep 6, 1984

The evidence demonstrates that at the time Ewing sat for the NBME Part I he was a qualified student. … Count III seeking monetary damages pursuant to 42 U.S.C. § 1983 was dismissed by the district court, prior to trial, based upon immunity conveyed to the Board under the 11th amendment to the United States Constitution. 552

Remus Joint Venture v. McAnally

116 F.3d 180 · Court of Appeals for the Sixth Circuit · Jun 24, 1997

Finally, it concluded that defendants were shielded by qualified immunity largely because, in the court’s view, plaintiffs failed to demonstrate a vested property, interest in their proposed use of the well site; the court … reasoned that without any protected property interest, plaintiffs could not establish that defendants violated clearly established law.

Samadi v. Ohio Bureau of Employment Services

48 F. App'x 573 · Court of Appeals for the Sixth Circuit · Oct 10, 2002

Defendants claim qualified immunity, which requires this court to determine whether a violation of Samadi’s constitutional rights occurred on the facts he alleges. See Saucier v. … We therefore uphold the district court’s grant of qualified immunity to defendants on this claim. AFFIRMED.

Lisa Peterson v. James Dean

777 F.3d 334 · Court of Appeals for the Sixth Circuit · Jan 28, 2015

"Determining whether qualified immunity exists generally involves first determining whether a constitutional violation occurred and, if so, a subsequent determination of whether the right infringed was clearly established … Therefore, in order to overcome qualified immunity, [plaintiffs] would have to establish that a 'clearly established’ constitutional right was violated!

George Lane Beverly Jones, United States of America, Intervenor v. State of Tennessee, Polk County, Tennessee

315 F.3d 680 · Court of Appeals for the Sixth Circuit · Jan 10, 2003

The evidence before Congress when it enacted Title II of the Americans with Disabilities Act established that physical barriers in government buildings, including courthouses and in the courtrooms themselves, have had the … The record demonstrated that public entities’ failure to accommodate the needs of qualified persons with disabilities may result directly from unconstitutional animus and impermissible stereotypes.

Defoe Ex Rel. Defoe v. Spiva

625 F.3d 324 · Court of Appeals for the Sixth Circuit · Nov 18, 2010

immunity in their individual capacities and, as it had previously concluded, the other Defendants were not entitled to qualified immunity. … In view of our holdings regarding Plaintiffs’ claims, we decline to address Defendants' qualified immunity argument.

Brown v. Marshall County, Kentucky

394 F.2d 498 · Court of Appeals for the Sixth Circuit · May 2, 1968

This rule has been qualified by Kentucky courts, however, in an apparent attempt to ameliorate its harshness. … One commentator has observed that in the absence of a direct invasion of plaintiff’s property, the element of “substantial interference” with the use of the property must be established.

Wilson v. Trumbull County

69 F. App'x 282 · Court of Appeals for the Sixth Circuit · Jul 2, 2003

Qualified immunity shields government officials from civil liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … “If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.” Id.

Jason Laible v. Timothy Lanter

91 F.4th 438 · Court of Appeals for the Sixth Circuit · Jan 23, 2024

The Court established that the critical factor in differentiating between federal employees and contractors “is the authority of the principal to control the detailed physical performance of the contractor.” … Plaintiffs’ challenges, therefore, amount to contentions that the district court’s finding of facts was clearly erroneous. I would not go so far.

Johnson v. Bell

605 F.3d 333 · Court of Appeals for the Sixth Circuit · May 17, 2010

A motion that seeks to add a new ground for relief ... will of course qualify. … It concluded that the decision of the Tennessee Supreme Court was “neither contrary to, nor an unreasonable application of, clearly established federal law.”

Ronald C. Leadbetter v. J. Wade Gilley

385 F.3d 683 · Court of Appeals for the Sixth Circuit · Sep 29, 2004

The district court also found that Gilley was entitled to qualified immunity. Leadbetter timely appealed the district court’s decision. II. … Court need not consider qualified immunity or any additional issues.

Melisa Richmond v. Rubab Huq

885 F.3d 928 · Court of Appeals for the Sixth Circuit · Mar 22, 2018

Because we hold that summary judgment in favor of Defendants was improper at least against certain defendants, we must also address the issue of qualified immunity.9 The doctrine of qualified immunity shields officials from … The qualified immunity analysis has two steps: “(1) whether, considering the allegations in a light most favorable to the party injured, a constitutional right has been violated, and (2) whether that right was clearly established

Wee Care Child Center, Inc. v. Lumpkin

680 F.3d 841 · Court of Appeals for the Sixth Circuit · Apr 27, 2012

The County Defendants alleged immunity from money damages under the Local Government Antitrust Act of 1984 (“LGAA”), 15 U.S.C. §§ 34-36, as well as asserted qualified immunity, the state action doctrine, and failure to satisfy … As such, the district court properly granted the State Defendants’ motion to dismiss and we need not address the State Defendants’ defenses under qualified immunity and the state action doctrine. C.

White v. Gerbitz

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

Alternatively, we note that even if Angel's arrest and detention of White violated White's civil rights, Angel would be entitled to qualified 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. .

Raymer v. United States

660 F.2d 1136 · Court of Appeals for the Sixth Circuit · Oct 9, 1981

Nevertheless, the finding of the district court on this factual issue is not clearly erroneous, and it is treated as correct on appeal. Rule 52(a), Fed.R.Civ.P. … The humane rule which Haddad establishes is that when members of the general public enlist the services of specially qualified persons to determine whether potentially dangerous substances do in fact constitute a danger,

May v. Franklin Cnty Comm

Court of Appeals for the Sixth Circuit · Feb 15, 2006

Officer Ratliff filed a motion to dismiss based on qualified immunity grounds, which the district court denied in part. We reversed the district court’s denial of qualified immunity to Ratliff. May v. … Moreover, we previously granted Ratliff qualified immunity for his actions in this matter, May, 59 F. App’x at 794, and plaintiff has settled her claims against the Franklin Township defendants.

Burda Bros. v. Walsh

22 F. App'x 423 · Court of Appeals for the Sixth Circuit · Oct 12, 2001

of several seizures; or (2) that material questions of fact nonetheless made summary judgment on qualified immunity grounds improper. … immunity.”

Samantha Burwell v. City of Lansing, Mich.

7 F.4th 456 · Court of Appeals for the Sixth Circuit · Aug 4, 2021

“The qualified-immunity doctrine shields government officials performing discretionary functions from civil liability unless their conduct violates clearly established rights.” Quigley v. … a constitutional right; and (2) the right was clearly established.”