Case law

AirTrans, Inc. v. Mead

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

Although there are peripheral issues raised on appeal,1 the dispositive issue on appeal concerns the district court’s decision to dismiss the action against the federal defendants on the basis of qualified 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.

Colvin v. Schaublin

113 F. App'x 655 · Court of Appeals for the Sixth Circuit · Sep 21, 2004

Finally, even if Colvin did suffer a constitutional injury, the defendants are entitled to qualified immunity. See Harlow v. Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982). … The defendants are, therefore, entitled to qualified immunity in their individual capacities. For the foregoing reasons, the district court’s judgment is affirmed. Rule 34(j)(2)(C), Rules of the Sixth Circuit.

Luke Waid v. Richard Snyder

Court of Appeals for the Sixth Circuit · May 22, 2020

Qualified Immunity The Defendant-Appellant City and State officials argue that qualified immunity shields them from suit. We review de novo a district court’s decision to deny qualified immunity. See Sutton v. … “Qualified immunity shields federal and state officials from money damages unless a plaintiff pleads facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established

Joshua McCaig v. Bangor City Police Officer, Kevin Raber

515 F. App'x 551 · Court of Appeals for the Sixth Circuit · Feb 21, 2013

Despite this limitation, this court “retain[s] jurisdiction over the legal question of qualified immunity, i.e., whether a given set of facts violates clearly established law.” Kirby v. … Officer Raber asserts that he was entitled to qualified immunity as a matter of law because the force he used was not unconstitutionally excessive or, alternatively, that the law violated was not clearly established.

Gearns v. Berghuis

104 F. App'x 517 · Court of Appeals for the Sixth Circuit · Jul 13, 2004

Similarly, we conclude that, because Gearns suffered no constitutional injury when Gregory refused to testify, the Michigan Supreme Court’s decision was not contrary to, nor an unreasonable application of, clearly established … to, nor an unreasonable application of, clearly established Federal law.

Joiner v. Wisdom

37 F.3d 1499 · Court of Appeals for the Sixth Circuit · Oct 5, 1994

37 F.3d 1499 NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished … Sharber, 803 S.W.2d 223, 225 (Tenn.Ct.App.1990). 8 The district court properly dismissed defendant Clifford because defendant Clifford is entitled to qualified immunity. See Anderson v.

Bailey v. CITY OF BROADVIEW HEIGHTS

674 F.3d 499 · Court of Appeals for the Sixth Circuit · Mar 19, 2012

Because Alai acted in contravention of clear and well-established law, Bailey argued, the judgments he entered at the Mayor’s Court were void and subject to collateral attack. … Defendants also argued that Alai was entitled to judicial immunity and qualified immunity, because there was no clearly established case law forbidding a mayor from presiding over no-contest pleas.

Fox v. Van Oosterum

176 F.3d 342 · Court of Appeals for the Sixth Circuit · May 10, 1999

We now turn to Fox’s Fourth Amendment claim. 3 The district court held that Hartrum and Van Oosterum possessed qualified immunity on this claim because in the Sixth Circuit it was not clearly established in early 1994 (when … immunity and did so.

United States v. State of Michigan

851 F.2d 803 · Court of Appeals for the Sixth Circuit · Aug 23, 1988

Maryland, 17 U.S. (4 Wheat.) 316 , 4 L.Ed. 579 (1819), the Supreme Court established the doctrine of federal immunity from state taxation. … and collected by the vendor from him, this establishes as a matter of law that the legal incidence of the tax falls upon the purchaser.”

Evillo Domingo v. Marsha Kowalski

810 F.3d 403 · Court of Appeals for the Sixth Circuit · Jan 7, 2016

Rogers, 863 F.2d 1302, 1307 (6th Cir.1988) (denying qualified immunity even though victim “may not have suffered a ‘serious or permanent injury’ as a result of the alleged blows ... … [since] there was clearly no need for the[ blows]”); Webb v.

Ezzard Charles Harris v. Harold E. Carter, Warden

337 F.3d 758 · Court of Appeals for the Sixth Circuit · Jul 29, 2003

And I represent him, but clearly if he’s going to be given immunity I am suggesting that that would cause a problem for me to represent him right now, and Mr. Harris. … Its finding was contrary to clearly established federal law as stated in Holloway . III.

Anna Lea Justice v. Pike County Board of Education and Frank Welch

348 F.3d 554 · Court of Appeals for the Sixth Circuit · Nov 4, 2003

The district court also did not rule on the defendants’ proffered Eleventh Amendment and qualified immunity defenses. … immunity defense.

Johnson v. Karnes

398 F.3d 868 · Court of Appeals for the Sixth Circuit · Feb 25, 2005

We express no opinion as to whether he can now assert qualified immunity on remand. . … Plaintiffs-Appellants do not challenge the district court's finding that, in his individual capacity, Sheriff Karnes was entitled to qualified immunity. See Br. Appellants at 10-11.

Cleamtee Garner v. Memphis Police Department

710 F.2d 240 · Court of Appeals for the Sixth Circuit · Jun 16, 1983

On appeal, a panel of this Court consisting of Chief Judge Edwards and Judges Lively and Merritt affirmed the District Court’s holding that the individual defendants were protected by the doctrine of qualified immunity because … Whether a municipality has qualified immunity or privilege based on good faith under Monell? 2.

Morris v. Oldham Cnty Fiscal

Court of Appeals for the Sixth Circuit · Jan 20, 2000

qualified immunity grounds. Qualified immunity is a defense that can be invoked under Kentucky law. … In most cases, qualified immunity is sufficient to on Black and Likins.

David G. Boretti v. Beverly A. Wiscomb, R.N., Wanda M. Baldwin, R.N.

930 F.2d 1150 · Court of Appeals for the Sixth Circuit · Jul 9, 1991

We must finally decide whether defendant Wiscomb is protected by the doctrine of qualified immunity. … For this reason, we don’t believe defendant Wiscomb’s motion for summary judgment should be granted on the basis of qualified immunity. V.

Addison International, Inc. v. Commissioner of Internal Revenue

887 F.2d 660 · Court of Appeals for the Sixth Circuit · Nov 6, 1989

The tax court’s findings of fact shall not be overturned unless clearly erroneous. Humana, at 250-51; Rose, 868 F.2d at 853 . … The tax court correctly reasoned that because the handbook clearly promised that adverse treatment would not be retroactively applied, Addison International could maintain that it justifiably relied on the handbook immunizing

Copper S. S. Co. v. State of Michigan

194 F.2d 465 · Court of Appeals for the Sixth Circuit · Feb 18, 1952

Waiver of immunity by implication is the exception to the general rule, and should be clearly established to be effective. Blackfeather v. … In such cases a strict rule of construction is applicable, and unless the grant of jurisdiction is clearly shown, it will not be implied. Blackfeather v.

United States v. Roger D. Blackwell

459 F.3d 739 · Court of Appeals for the Sixth Circuit · Aug 29, 2006

Second, while Defendant was unable to establish the precise date on which Stephan-Blackwell signed the immunity agreement, Defendant was able to establish the relevant time frame in which Stephan-Blackwell signed the immunity … The Amount of Loss Calculation Was Not Clearly Erroneous. The district court’s determination that the loss amount caused by Defendant’s conduct was $ 908,853.02 was not clearly erroneous.

Owen of Georgia, Inc., Cross-Appellant v. Shelby County Roy Nixon, Mayor of Shelby County Pidgeon-Thomas Iron Company, Cross-Appellees

648 F.2d 1084 · Court of Appeals for the Sixth Circuit · Jun 17, 1981

Since the establishment of a city is an inherently public matter, it may only be redressed in an action brought by a representative of the state. In Payne v. … Immunity from suit. — Except as may be otherwise provided in this chapter, all governmental entities shall be immune from suit for any injury which may result from the activities of said governmental entities wherein said