Case law

John Doe 1 v. William Lee

102 F.4th 330 · Court of Appeals for the Sixth Circuit · May 15, 2024

The Defendants answered, disagreeing on the merits and contesting the district court’s power to hear the case based on standing and qualified immunity, claiming that “[t]he Governor is not a proper party to this complaint … This regime was clearly constitutional under Smith and Cutshall. So also were subsequent amendments tightening penalties for failure to report in a timely manner. Id. at *2.

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 .

Melanie Cline v. Dale Myers

495 F. App'x 578 · Court of Appeals for the Sixth Circuit · Aug 17, 2012

This is a case about qualified immunity. … Construing the evidence in favor of Plaintiffs, the alleged action by Snavely would violate clearly established law.

Lawrence v. Welch

531 F.3d 364 · Court of Appeals for the Sixth Circuit · Jun 3, 2008

, qualified immunity. … Defendants, likewise, have clearly indicated that they consider such activity to render Lawrence of unfit character for admission.

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.

Diane Meirthew v. Robert Amore

417 F. App'x 494 · Court of Appeals for the Sixth Circuit · Mar 30, 2011

Next, Amore contends that even if a constitutional violation occurred, he is nevertheless entitled to qualified immunity because the violation was not clearly established at the time the incident occurred. … Accordingly, government officials are entitled to qualified immunity, despite the existence of a constitutional violation, if such violation was not “clearly established” at the time of the incident. Anderson v.

Central & Southern Motor Freight Tariff Ass'n v. United States

843 F.2d 886 · Court of Appeals for the Sixth Circuit · Mar 29, 1988

immunity. … nor the tariffs established in the residential charges proceedings qualified under the changes in rules and regulations exception of subparagraph (iv). 4 The ten percent added charge to destinations in eastern Kentucky and

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

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

Woolsey v. Hunt

932 F.2d 555 · Court of Appeals for the Sixth Circuit · May 9, 1991

In the instant case, plaintiffs claim of entitlement is clearly insufficient when examined in light of Tennessee law. … The district court's findings of facts in this case are not clearly erroneous and are supported by the evidence. Findings of fact by a district judge should not be reversed unless clearly erroneous. Fed.R.Civ.P. 52(a).

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

Roger Dover v. Jim Rose, Warden

709 F.2d 436 · Court of Appeals for the Sixth Circuit · Jun 6, 1983

The court first explained that “[ijmplicit in its holding that defendant Rose would not be liable for damages was a finding that he was entitled, on the facts of the case, to a defense of qualified good faith immunity.” … While the court did find a constitutional violation, the defendant was found to be immune from compensatory damages, which was the only relief requested by the plaintiff.

Vibo Corporation, Inc. v. Jack Conway

669 F.3d 675 · Court of Appeals for the Sixth Circuit · Feb 22, 2012

Thus, “with the possible market participant exception, any action that qualifies as state action is ‘ipso facto exempt from the operation of the antitrust laws.’” Id. at 379 (quoting Hoover v. … Because we have determined that Attorneys General Defendants are clearly protected by state-action immunity in relation to the MSA, such immunity extends to Manufacturer Defendants.

Stephen Bolick v. City of East Grand Rapids

580 F. App'x 314 · Court of Appeals for the Sixth Circuit · Sep 3, 2014

We review the denial of qualified immunity de novo, McCullum v. … Here, if it was “clearly established that the Officers’ use of pepper spray against [an arrestee] after he was handcuffed and hobbled was excessive,” id. at 903, it was clearly established that Parker’s tasing of Matthew

Larry T. Wilson, Cross-Appellant v. Thomas L. Beebe, Cross-Appellee

770 F.2d 578 · Court of Appeals for the Sixth Circuit · Aug 12, 1985

Judge Merritt dissented in part, stating that the complaint did not set forth a claim for negligence under state law and that the district court erred in not considering any defense of qualified immunity Beebe might have … Rather than following established state procedures, Beebe acted contrary to them.

Carey Woodcock v. City of Bowling Green

679 F. App'x 419 · Court of Appeals for the Sixth Circuit · Feb 16, 2017

Excessive Force Qualified immunity shields government officials from civil liability when their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would … Accordingly, we hold that Casada is not entitled to qualified official immunity because a jury could conclude that he acted in bad faith by violating a clearly established constitutional right. 2.

River City Fraternal Order v. Ky. Ret. Sys.

Court of Appeals for the Sixth Circuit · Jun 8, 2021

Const. § 99 (establishing the offices of county attorney, sheriff, and coroner, among others). … Clearly, the legislature has waived governmental immunity on all claims brought by all persons on all lawfully authorized written contracts with the Commonwealth.” Id. at 651.

Glenn v. Walker

65 F. App'x 53 · Court of Appeals for the Sixth Circuit · May 9, 2003

We also conclude that the district court properly granted summary judgment to Walker and Ash on Glenn’s Fourth Amendment claim, in their individual capacities, because they are entitled to qualified immunity. … Walker’s and Ash’s decision to obtain an arrest warrant for Glenn was based on probable cause and did not violate Glenn’s clearly established statutory or constitutional rights of which a reasonable person would have known

United States v. Deaton

8 F. App'x 549 · Court of Appeals for the Sixth Circuit · May 4, 2001

Deaton did not qualify for the provision because trial evidence showed that his disclosure was less than complete. … The authority to grant immunity in this circumstance lies solely with the prosecutor. See 18 U.S.C. § 6002 et seq.; United States v. Hooks, 848 F.2d 785, 798 (7th Cir.1988).

Van Huss v. Shoffner

81 F. App'x 17 · Court of Appeals for the Sixth Circuit · Nov 6, 2003

However, the district court held that Shoffner was entitled to qualified immunity in his individual capacity, and allowed only the official-capacity claim to go forward. … Although plaintiffs appeal this summary-judgment ruling, they offer no explanation why the district court’s qualified-immunity ruling was mistaken. Accordingly, we affirm this decision as well. B.