Case law

Melisa Richmond v. Rubab Huq

872 F.3d 355 · Court of Appeals for the Sixth Circuit · Sep 20, 2017

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.7 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

Melissa Mays v. Rick Snyder

Court of Appeals for the Sixth Circuit · Jul 28, 2017

“Qualified immunity protects government officials performing discretionary functions unless their conduct violates a clearly established statutory or constitutional right of which a reasonable person in the official’s position … The test for qualified immunity is two-pronged, and the plaintiff must show that the official’s conduct (1) violated a constitutional right, and (2) that the right was clearly established.

Timothy Taylor v. Michigan Department of Corrections

69 F.3d 76 · Court of Appeals for the Sixth Circuit · Oct 26, 1995

The panel, however, declined to address Foltz’s contention that even if the unlawfulness of such a transfer was clearly established in 1985, he still was entitled to qualified immunity. … After the case was re *83 manded by the Sixth Circuit following its decision denying Foltz qualified immunity, the District Court entertained a second summary judgment motion.

Feliciano v. City of Cleveland

988 F.2d 649 · Court of Appeals for the Sixth Circuit · Mar 16, 1993

immunity. … immunity.

Diane Knott v. Mark Sullivan

418 F.3d 561 · Court of Appeals for the Sixth Circuit · Aug 9, 2005

Invalidity of Warrant Clearly Established Under the doctrine of qualified immunity, “ ‘government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct … was not clearly established at the time the Defendants searched Knott’s vehicle. “ ‘If the law at that time was not clearly established, an official could not ... fairly be said to “know” that the law forbade conduct not

Wilson v. Morgan

477 F.3d 326 · Court of Appeals for the Sixth Circuit · Feb 1, 2007

court affirmed the denial of qualified immunity except as to Officer Walker. 10 The case proceeded to trial in March 2004, but the jury was unable to reach a verdict and a mistrial was declared. … Ameritech, 129 F.3d 857, 863 (6th Cir.1997). 6 45 This court noted in deciding the first appeal that it "is clearly established that the protective sweep in this case is invalid if the underlying arrest is invalid."

Federal Deposit Insurance v. AmTrust Financial Corp. (In Re AmTrust Financial Corp.)

694 F.3d 741 · Court of Appeals for the Sixth Circuit · Sep 14, 2012

The defendant officers moved for summary judgment on qualified-immunity grounds, but the district court denied the motion. Id. at 890. … Id. at 892; see also id. at 893 (“[T]he qualified immunity defenses . . . do not present ‘neat abstract issues of law.’”).

Echlin v. Boland

111 F. App'x 415 · Court of Appeals for the Sixth Circuit · Sep 17, 2004

The court held that the defendants were entitled to qualified immunity because the denial of parole did not amount to a constitutional violation, and that Echlin’s retaliation claim failed because Boland did not cause the … We agree with the district court that the defendants were entitled to qualified immunity because the facts as alleged by Echlin did not amount to a constitutional violation. See Williams v.

Lawson v. Shelby County

211 F.3d 331 · Court of Appeals for the Sixth Circuit · May 3, 2000

There are, however, three qualified exceptions to Eleventh Amendment immunity, only two of which are addressed by the district court in this case. … For a Congressional abrogation of state sovereign immunity to be valid, two conditions must be satisfied. First, Congress must state clearly that it intends a statute to abrogate state sovereign immunity.

Federal Deposit Insurance v. Leach

772 F.2d 1262 · Court of Appeals for the Sixth Circuit · Sep 11, 1985

Assertion of a valid state law defense does not establish a claim against the bank, but relieves the maker of his liability on the note. … The Wood rule is clearly not justified by the policy underlying this statute, and its only certain effect is to redistribute the cost of bank failure from taxpayers, each of whom bears only a small fraction of the total cost

Hybud Equipment Corp. v. City of Akron, Ohio

742 F.2d 949 · Court of Appeals for the Sixth Circuit · Aug 24, 1984

The Court held that the prorate program was protected by this immunity. “It is the state which has created the machinery for establishing the prorate program.” … Immunity for State Agencies.

Robert Baar v. Jefferson County Board of Educ.

476 F. App'x 621 · Court of Appeals for the Sixth Circuit · Mar 7, 2012

a clearly established constitutional right. … The focus in determining whether an official is entitled to qualified immunity is on the objective legal reasonableness of the official’s actions in light of clearly established law. Harlow [v.

Noel Mott v. Lee Lucas

524 F. App'x 179 · Court of Appeals for the Sixth Circuit · Apr 17, 2013

violated clearly established law at the time that it was committed. … violated clearly established law at the time that it was committed.

Chris Hartman v. Jeremy Thompson

931 F.3d 471 · Court of Appeals for the Sixth Circuit · Jul 23, 2019

immunity. … Harrington, 130 F.3d 246, 264 (6th Cir. 1997), I would not extend qualified immunity to Defendants. See also Good News Club v. Milford Cent.

Hermiz Ex Rel. Estate of Hermiz v. City of Southfield

484 F. App'x 13 · Court of Appeals for the Sixth Circuit · May 21, 2012

Violation of Clearly Established Constitutional Rights Even if Matatall’s actions violated the Fourth Amendment, he may still claim qualified immunity if the legal rules he violated were not “clearly established … Cupp, 430 F.3d 766, 776–77 (6th Cir. 2005) (denying qualified immunity where officer shot at car as it passed by, through the driver’s side window, recognizing the same “clearly established” principles as above).

H. Henry Keller H.K. Enterprises, Inc. v. Central Bank of Nigeria Paul Ogwuma Alhaji Rasheed Alhaji M.A. Sadiq

277 F.3d 811 · Court of Appeals for the Sixth Circuit · Jan 16, 2002

The party claiming FSIA immunity bears the initial burden of proof of establishing a prima facie case that it satisfies the FSIA’s definition of a foreign state; once this prima facie case is established, the burden of production … The Gould court applied the opposite presumption from the Southway court and explained that Congress would have to create explicitly an exception to the FSIA’s general immunity in order to establish criminal jurisdiction

Styles v. McGinnis

28 F. App'x 362 · Court of Appeals for the Sixth Circuit · Dec 26, 2001

Gosling did not qualify as a state actor. 2 As the district court noted: Dr. … Gosling also raised the issue of qualified immunity. We need not reach that issue because we determine that Dr. Gosling was not a state actor. .

Robert Fettes v. Adam Hendershot

375 F. App'x 528 · Court of Appeals for the Sixth Circuit · Apr 27, 2010

Qualified immunity shields government officials from civil liability in the performance of discretionary functions so long “as their conduct does not violate clearly established statutory or constitutional rights of which … To determine whether qualified immunity was properly denied, this court examines: (1) whether a constitutional right has been violated; and (2) whether that right was clearly established, though not necessarily in that order

First National Bank of Barnesville v. Rafoth (In re Baker & Getty Financial Services, Inc.)

974 F.2d 712 · Court of Appeals for the Sixth Circuit · Sep 2, 1992

A finding that Cordek was an accommodation maker is not clearly erroneous, just as a finding that Cordek was primarily liable would not have been clearly erroneous.” … This outcome would obtain even though as a matter of raw power, Rice could have violated his instructions and taken the cash to a race track or a jewelry store. *723 As for the Bank’s argument that it qualified for immunity

Hassan Harajli v. Huron Township, a Michigan Charter Township Gilbert Powell, Brian Kostielney, and John Maier, Jointly and Severally

365 F.3d 501 · Court of Appeals for the Sixth Circuit · Apr 16, 2004

Because no substantive due process violation occurred in DeShaney , clearly none occurred in the present case. We therefore agree with the district court’s decision on this issue. D. … Qualified immunity and municipal liability Harajli also challenges the district court’s determination that the defendant officers are entitled to qualified immunity and that Huron Township is not liable for the actions of