Case law

Suzanne Fligiel, M.D. v. Michael K. Samson, M.D., Anthony J. Principi, in His Capacity as Secretary, Department of Veterans Affairs

440 F.3d 747 · Court of Appeals for the Sixth Circuit · Mar 7, 2006

Lucas, 462 U.S. 367 , 103 S.Ct. 2404 , 76 L.Ed.2d 648 (1983), and that the claims were barred on both sovereign and qualified immunity grounds. … of Samson, Garth-waite, and West, and the qualified immunity of Samson.

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

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. .

Bultema v. Benzie County

146 F. App'x 28 · Court of Appeals for the Sixth Circuit · Aug 17, 2005

Having determined that Ketz’s actions as described by Stariha were constitutionally unreasonable, we turn to the next steps in the qualified immunity inquiry: whether the right which was violated was clearly established … In sum, we conclude that when viewing the facts in the light most favorable to Bultema, Ketz is not entitled to qualified immunity, because the constitutional right at issue was clearly established

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).

Keweenaw Bay Indian Community v. Jay Rising

Court of Appeals for the Sixth Circuit · Jun 26, 2009

Mich. 2008), some of which, based on Eleventh Amendment immunity and other grounds, have not been appealed. … Broward County, 450 F.3d 1295, 1305 (11th Cir. 2006) (“We have clearly and repeatedly held that corporations are ‘persons’ within the meaning of section 1983.”); cf. First Nat’l Bank of Boston v.

Airtrans, Inc. v. Mead

389 F.3d 594 · Court of Appeals for the Sixth Circuit · Nov 18, 2004

immunity. … If successful in meeting that part of the test, the plaintiff must further show that "the right is so `clearly established' that a `reasonable official' would understand that what he is doing violates that right." Id.

Grano v. Department of Development

637 F.2d 1073 · Court of Appeals for the Sixth Circuit · Dec 10, 1980

The Court finds that the plaintiff’s evidence establishes a prima facie that she was qualified for the position of Public Information Specialist II. … Plaintiff must also overcome the qualified immunity of public officials acting in good faith. Wood v. Strickland, 420 U.S. 308 , 95 S.Ct. 992 , 43 L.Ed.2d 214 (1975).

Yoel v. Scott

9 F. App'x 326 · Court of Appeals for the Sixth Circuit · May 8, 2001

First, the district court properly granted summary judgment for *328 the defendant police officer on the basis of qualified immunity because plaintiff cannot carry his burden of establishing that the defendant officer is … not entitled to qualified immunity.

ACT, Inc. v. Worldwide Interactive Network

Court of Appeals for the Sixth Circuit · Aug 23, 2022

Forsyth, 472 U.S. 511, 526 (1985) (“[Qualified immunity] is an immunity from suit, rather than a mere defense to liability; and like an absolute immunity, it is effectively lost if a case is erroneously permitted to go to … ACT to establish those showings.

Pamela Gillie v. Law Office of Eric A. Jones

785 F.3d 1091 · Court of Appeals for the Sixth Circuit · May 8, 2015

Gangwish, 970 F.2d 1516, 1520 (6th Cir.1992), with limited, clearly defined exceptions. … Qualified immunity typically applies to actions brought under § 1983 or pursuant to Bivens.

Jones v. Dirty World Entertainment Recordings LLC

755 F.3d 398 · Court of Appeals for the Sixth Circuit · Jun 16, 2014

Metrosplash.com, Inc., 339 F.3d 1119, 1123 (9th Cir. 2003) (“Under the statutory scheme, an ‘interactive computer service’ qualifies for immunity so long as it does not also function as an ‘information content provider’ for … More importantly, an encouragement test would inflate the meaning of “development” to the point of eclipsing the immunity from publisher-liability that Congress established.

Larry M. Leach v. Shelby County Sheriff and Mayor of Shelby County, Tennessee

891 F.2d 1241 · Court of Appeals for the Sixth Circuit · Feb 8, 1990

In this individual capacity, the local public official may prevail on the affirmative defenses of absolute or qualified immunity if they are applicable. See Harlow v. … These findings are adequately supported by the record here and are not clearly erroneous.

Miller v. Davis

653 F. App'x 448 · Court of Appeals for the Sixth Circuit · Jun 24, 2016

Because the Millers’ prosecution was supported by probable cause, Ullom enjoys qualified immunity. As stated, Bettie’s son reported to the local sheriffs office that the Millers were stealing from his mother. … “[A]n arresting agent is entitled to qualified immunity if he or she could reasonably (even if erroneously) havé believed that the arrest was lawful, in light of clearly established law and the information possessed at the

Jones v. Muskegon County

625 F.3d 935 · Court of Appeals for the Sixth Circuit · Nov 4, 2010

However, “[u]nder the doctrine of qualified immunity, ‘government officials performing discretionary functions generally are shielded from liability from civil damages insofar as their conduct does not violate clearly established … Second, was the right clearly established at the time of the violation?” Id. (citations omitted).

Dlx, Inc. v. Commonwealth of Kentucky

381 F.3d 511 · Court of Appeals for the Sixth Circuit · Oct 28, 2004

Sarasota Manatee Airport Auth., 953 F.2d 1299, 1306 (11th Cir.1992) (Williamson County litigants “qualify for the exception to generally applicable res judicata principles”). … Eleventh Amendment Immunity Finally, Kentucky 12 argues that it is immune from & sect; 1983 suit under the Eleventh Amendment 13 as 42 U.S.C. § 1983 does not abrogate its immunity. See Quern v.

Jackson, Tennessee Hospital Company, Llc v. West Tennessee Healthcare, Inc.

414 F.3d 608 · Court of Appeals for the Sixth Circuit · Jul 11, 2005

Around the time the 1995 Act was passed, the Tennessee Attorney General opined that "[t]he exercise of the increased powers and privileges set forth in the Act qualifies for state action immunity from the federal antitrust … subdivisions is a clearly articulated state policy.

Short v. Oaks Correctional Facility

129 F. App'x 278 · Court of Appeals for the Sixth Circuit · Apr 29, 2005

qualified immunity. … This court has described the analysis courts must take in a qualified immunity case as follows: Qualified immunity involves a three-step inquiry.

S.E. Ex Rel. A.E. v. Grant County Board of Education

544 F.3d 633 · Court of Appeals for the Sixth Circuit · Oct 10, 2008

As noted above, following oral argument, the district court entered a brief order granting all of the individual defendants qualified immunity. … Given that this finding disposes of all of the constitutional claims, we need not discuss the arguments concerning qualified immunity.

Murray Iii v. Board Of Trustees, University Of Louisville

659 F.2d 77 · Court of Appeals for the Sixth Circuit · Sep 9, 1981

While we accept as not clearly erroneous his finding that plaintiff failed to prove actual damages, the Supreme Court's holdings in Carey v. … In addition, in considering judgments against the individual state defendants, the District Judge must (but apparently did not) grant such defendants the "qualified immunity" required by Scheuer v.