Case law

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.

In Re Nordic Village, Inc., Debtor. Internal Revenue Service v. Nordic Village, Inc., David O. Simon, Trustee

915 F.2d 1049 · Court of Appeals for the Sixth Circuit · Jan 23, 1991

The IRS is a “governmental unit” and an “entity,” thus, the language of the statute in this case clearly waives the governmental immunity. … Hoffman does not establish that the Act was not broad enough or specific enough to waive immunity.

Triomphe Investors v. City of Northwood

49 F.3d 198 · Court of Appeals for the Sixth Circuit · Mar 7, 1995

Triomphe now appeals only the substantive due process claim and the finding of qualified immunity of the individual defendants on that claim. I. … The court granted summary judgment for the individual defendants on the substantive due process claim based on qualified immunity.

Berger v. Kingsport Press, Inc.

89 F.2d 444 · Court of Appeals for the Sixth Circuit · Apr 13, 1937

The bankrupt is Merchandisers, Inc., a Massachusetts corporation, and the claimant is Kingsport Press, Inc., a Delaware corporation, qualified under the laws of Tennessee to do business therein and having its principal place … McClung, 172 U.S. 239 , 19 S.Ct. 165 , 43 L.Ed. 432 , however it invades the *447 privilege or immunity of natural persons who are citizens of other states, and it has been held that corporations, organized under the laws

Joseph Kijowski v. City of Niles

372 F. App'x 595 · Court of Appeals for the Sixth Circuit · Apr 8, 2010

A defendant may assert “the defense of qualified immunity, which shields government officials from ‘liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights … B Even if Officer Aurilio’s actions were objectively unreasonable, he is still entitled to qualified immunity unless it is shown that the right he violated was clearly established.

Alex Littlejohn v. Ronald Myers

684 F. App'x 563 · Court of Appeals for the Sixth Circuit · Apr 4, 2017

Qualified immunity is appropriate when an official’s conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Mullenix v. Luna, 136 S. … When a defendant invokes qualified immunity in a motion for summary judgment, the plaintiff must offer sufficient evidence to create a genuine dispute of fact that the defendant violated a clearly established right.

Ralph Eldridge v. City of Warren

533 F. App'x 529 · Court of Appeals for the Sixth Circuit · Aug 5, 2013

Our jurisdiction to review denials of qualified immunity is limited only to the question of “whether the plaintiffs facts, taken at their best, show that the defendant violated clearly established law.” Quigley v. … Having discerned a constitutional violation and the clearly-established nature of the right underlying that violation, we conclude that the district court properly denied qualified immunity for the allegations arising from

TransAmerica v. USA

Court of Appeals for the Sixth Circuit · Jun 5, 2007

This court reviews de novo the district court’s grant of summary judgment and resolution of legal questions, but accepts the district court’s factual findings unless clearly erroneous. Cf. S.J. v. … Tort victims’ periodic annuity payments received from a structured settlement, for example, might formerly have been included in the victim’s income, even though clearly part of a tort settlement.

Estate of George ex rel. George v. Michigan

63 F. App'x 208 · Court of Appeals for the Sixth Circuit · Apr 23, 2003

Consequently, the court held, the troopers were entitled to qualified immunity with respect to the Estate’s § 1983 claim. … Moreover, the court said, even if Cook and Duplessis had placed George in danger and failed to protect her, their actions did not violate clearly established law such that they could lose their qualified immunity.

Roy Stucker v. Louisville Metro Gov't

Court of Appeals for the Sixth Circuit · May 13, 2024

Cnty. of Washoe, 290 F.3d 1175, 1186 n.7 (9th Cir. 2002) (“[A] municipality may be liable if an individual officer is exonerated on the basis of the defense of qualified immunity, because even if an officer is entitled … to immunity a constitutional violation might still have occurred.”); Garcia v.

Jones v. Campbell

23 F. App'x 458 · Court of Appeals for the Sixth Circuit · Nov 9, 2001

With regard to Jones’s suit against Defendant in his individual capacity, the magistrate judge held that Defendant was entitled to qualified immunity because his actions did not violate “clearly established statutory or constitutional … Reversing the district court, we held that, with regard to damages, the defendant was entitled to qualified immunity. See id. at 167.

24 Fair empl.prac.cas. 848, 24 Empl. Prac. Dec. P 31,424 Barbara Grano, Cross-Appellant v. The Department of Development of the City of Columbus, Defendants- Cross-Appellees

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).

Joy Spurr v. Melissa Lopez Pope

936 F.3d 478 · Court of Appeals for the Sixth Circuit · Aug 26, 2019

But the court ultimately found that 18 U.S.C. § 2265 established the tribal court’s jurisdiction and dismissed under Rule 12(b)(6) Spurr’s jurisdictional challenge without addressing the sovereign immunity issue. … In the context of the United States’ sovereign immunity, we have held that § 1331 “is not a general waiver of sovereign immunity; it merely establishes a subject matter that is within the competence of federal courts to entertain

Tracy Jones v. Sandusky County, Ohio

541 F. App'x 653 · Court of Appeals for the Sixth Circuit · Nov 12, 2013

Here, defendants argue that the district court erred in denying summary judgment on the basis of qualified immunity by: 1) failing to apply the “clearly established” prong of the two-part Pearson/Saucier analysis for qualified … flash-bang device was not clearly established, then the district court will also have to address whether qualified immunity is available to Overmyer, who has also asserted qualified immunity on appeal.

Alerding v. Ohio High School Athletic Ass'n

779 F.2d 315 · Court of Appeals for the Sixth Circuit · Dec 17, 1985

The Privileges and Immunities Clause was intended to establish “a norm *317 of comity” among the various states, Baldwin v. … Even more damaging and clearly fatal to appellants’ argument are the most recent Supreme Court cases of Camden and Piper which, as discussed above, clearly require and emphasize consideration of the fundamentality of the

Wysong v. City of Heath

260 F. App'x 848 · Court of Appeals for the Sixth Circuit · Jan 22, 2008

immunity because he did not violate “clearly established” federal law. … B Police officers are entitled to qualified immunity unless their conduct violates “clearly established constitutional or statutory rights of which a reasonable person would have known.” Harlow v.

O'BRYAN v. Holy See

549 F.3d 431 · Court of Appeals for the Sixth Circuit · Nov 24, 2008

Once the foreign state has produced such prima facie evidence of immunity, the burden of going forward would shift to the plaintiff to produce evidence establishing that the foreign state is not entitled to immunity. … Pechiney Ugine Kuhlmann, 853 F.2d 445 (6th Cir.1988) (agreeing with the district court's determination that the corporation in question could qualify for foreign sovereign immunity status because the majority owner of the

Gerald Sensabaugh v. Kimber Halliburton

Court of Appeals for the Sixth Circuit · Aug 27, 2019

Halliburton disputes Sensabaugh’s First Amendment retaliation claim and also asserts qualified immunity. … When a state official raises a qualified immunity defense, the plaintiff must show the violation of a clearly established constitutional right. Harris v. Klare, 902 F.3d 630, 637 (6th Cir. 2018).

Estate of Barnwell Ex Rel. S.C.B. v. Grigsby

681 F. App'x 435 · Court of Appeals for the Sixth Circuit · Mar 3, 2017

Legal Standards “Qualified immunity shields government officials from standing trial for civil liability in their performance of discretionary functions unless their actions violate clearly established rights.” … At the summary judgment stage, the plaintiff bears the burden of overcoming a qualified-immunity defense—that is, of showing a genuine issue of fact that the defendant violated a clearly established constitutional right

Skills Development Services, Inc. v. Raymond J. Donovan, Secretary of Labor

728 F.2d 294 · Court of Appeals for the Sixth Circuit · Feb 20, 1984

Since intergovernmental immunity is not reciprocal, id., cases based on federal immunity to state regulation are irrelevant to the present case. … Hodel clearly states, however, that each of the requirements must be satisfied. Id. at 287 , 101 S.Ct. at 2365 .