Case law

Leonard v. Ohio Bureau of Employment Services

43 F. App'x 771 · Court of Appeals for the Sixth Circuit · Jul 29, 2002

In the defendants’ answer to Leonard’s amended complaint, Wagner alleged qualified immunity as an affirmative defense, something only applicable in a suit against Wagner in his individual capacity. … The defendants also argue that Wagner is protected in this ease by qualified immunity.

Himes v. United States

645 F.3d 771 · Court of Appeals for the Sixth Circuit · Jul 13, 2011

of § 342.690(1) and would be entitled to immunity should it qualify under the rest of the definition of ‘contractor’ as found in § 342.610(2).” … The Plaintiffs’ discovery requests clearly exceeded this limited scope.

Lorraine I. Bills v. Dennis W. Aseltine

958 F.2d 697 · Court of Appeals for the Sixth Circuit · Mar 9, 1992

Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982), the Supreme Court established the “objective reasonableness” test for determining qualified immunity. … The law in that regard is “clearly established.”

Ford Motor Company v. United States

768 F.3d 580 · Court of Appeals for the Sixth Circuit · Oct 1, 2014

White Mountain Apache Tribe, 537 U.S. 465 , 123 S.Ct. 1126 , 155 L.Ed.2d 40 (2003), to differentiate between jurisdictional statutes that waive the government’s immunity and substantive provisions that establish a right to … To maintain symmetry between these two parallel statutes, Ford argues, a deposit that qualifies as a payment under § 6601 must similarly qualify as a payment under § 6611.

Crystal Dixon v. University of Toledo

702 F.3d 269 · Court of Appeals for the Sixth Circuit · Dec 17, 2012

immunity. … Qualified Immunity Finally, Dixon argues that the defendants are not entitled to qualified immunity. Appellant Br. at 35.

United States v. William Allan Jones

542 F.2d 661 · Court of Appeals for the Sixth Circuit · Sep 30, 1976

where the party spouse, if she had made recordings of the conversation for extortion, would lose her qualified immunity under § 25Il(2)(d): (d) It shall not be unlawful under this chapter for a person not acting under color … Since Congress clearly intended that parties to intercepted communications have greater leeway under the Act than non-parties, the District Court was in error in ruling that Appellee was immunized from prosecution under §

Popovich v. Cuyahoga County Court of Common Pleas

276 F.3d 808 · Court of Appeals for the Sixth Circuit · Jan 10, 2002

The state has asserted it is immune from this suit under the Eleventh Amendment. … In the case before us, the essential constitutional right sounds most clearly not in equal protection but in due process.

Joseph R. Graham v. American Cyanamid Company, Roy Lee Lundy v. American Cyanamid Company

350 F.3d 496 · Court of Appeals for the Sixth Circuit · Dec 3, 2003

The Immunization Practices Advisory Committee of the U.S. … In view of the technical and scientifically complex nature of this inquiry, only Dcwberi-qualifying expert testimony may satisfy it. See Daubert v.

Aleia L. Robinson v. Marvin T. Runyon, Postmaster General, United States Postal Service

149 F.3d 507 · Court of Appeals for the Sixth Circuit · Jul 22, 1998

Such an argument is clearly insufficient to exclude evidence under Rule 403. … establish a danger of unfair prejudice.

John Paterek v. Village of Armada

Court of Appeals for the Sixth Circuit · Sep 8, 2015

Qualified Immunity Delecke asserts immunity as a public official even if Plaintiffs’ rights were violated. … Delecke’s claim for qualified immunity.

Patricia Nelson v. City of Battle Creek, Mich.

Court of Appeals for the Sixth Circuit · Feb 26, 2020

his clearly established constitutional rights. … Therefore, we reverse the district court’s denial of qualified immunity and remand for the entry of summary judgment on the basis of qualified immunity.

Jennifer Leech v. James DeWeese

Court of Appeals for the Sixth Circuit · Aug 3, 2012

Because Judge DeWeese is “the proponent of the claim of absolute judicial immunity, [he] bears the burden of establishing that such immunity is warranted.” Id. … We “review the denial of qualified immunity de novo.” Roth v. Guzman, 650 F.3d 603, 605 (6th Cir. 2011). IV.

Sell v. City of Columbus

127 F. App'x 754 · Court of Appeals for the Sixth Circuit · Apr 1, 2005

[s] clearly established statutory or constitutional rights of which a reasonable person would have known.” … not implicating clearly established rights.”

Dixon v. Clem

Court of Appeals for the Sixth Circuit · Jul 10, 2007

Specifically, Head argues that three separate forms of immunity shield him from liability: “quasi-judicial immunity from suit, his qualified immunity from suit, and . . . the sovereign immunity and Eleventh Amendment bar … In response to Head’s qualified- immunity argument, Blum states as follows: Appellee Head’s attempt to claim quasi-judicial immunity is likewise devoid of supporting materials.

In Re Pamela L. Hood, Debtor. Pamela L. Hood v. Tennessee Student Assistance Corporation

319 F.3d 755 · Court of Appeals for the Sixth Circuit · Feb 3, 2003

Congress clearly exercised that power in 11 U.S.C. § 106 (a), which specifically abrogated the states’ sovereign immunity with respect to actions under § 523. TSAC timely appealed. … The states’ immunity was thus “altered by the plan of the Convention.” Alden, 527 U.S. at 713 , 119 S.Ct. 2240 . Congress clearly exercised that power in 11 U.S.C. § 106 (a).

United States v. Billy L. Talley

164 F.3d 989 · Court of Appeals for the Sixth Circuit · Jan 14, 1999

cases require a judicially compelled immunity grant. … This argument fails, because the district court clearly controls the mode of the presentation of evidence. See Fed. R.Evid. 611.

Karen Keir and Mary Keir, Individually, and as Next Friend and Mother of Karen Keir v. United States

853 F.2d 398 · Court of Appeals for the Sixth Circuit · Sep 8, 1988

has not waived immunity. … The government’s waiver of immunity is qualified by the exceptions contained in 28 U.S.C. § 2680 . Section 2680(a) contains what is commonly known as the discretionary function exception.

David Ermold v. Kim Davis

855 F.3d 715 · Court of Appeals for the Sixth Circuit · May 2, 2017

The complaint alleged a violation of Ermold’s and Moore’s clearly established right to marry each other under the Fourteenth Amendment. Id. at 3-6 (Page ID #3-6). … immunity because Ermold and Moore had not pleaded a violation of a clearly established right.

Lucinda Darrah v. City of Oak Park, Russell Bragg, a Troy Police Officer

255 F.3d 301 · Court of Appeals for the Sixth Circuit · Jun 22, 2001

Fourth Amendment malicious prosecution claim, from which qualified immunity was sought, was even a “cognizable constitutional claim.” … Contrary to Frantz , in Spurlock , this court expressly described Albright as establishing that “malicious prosecution of an individual and continued detention of an individual without probable cause clearly violate rights

Tommy Baker v. Union Township

587 F. App'x 229 · Court of Appeals for the Sixth Circuit · Sep 19, 2014

This test ensures that, even if a defendant violates the plaintiff’s constitutional rights, the defendant will receive qualified immunity unless the right violated was clearly established at the time of the incident. … clearly established at the time of the incident.