Case law

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.

Sherrell King v. City of Lincoln Park, Mich.

Court of Appeals for the Sixth Circuit · Aug 5, 2025

Kosmalski first argues that he did not violate a clearly established constitutional right when he handcuffed King and should thus be protected by qualified immunity. … In my opinion, Officer Kosmalski is entitled to qualified immunity because, at a minimum, King has failed to meet her burden of establishing that any violation of her constitutional rights was clearly established.

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

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.

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.

Kennedy v. City of Detroit

25 F.3d 1048 · Court of Appeals for the Sixth Circuit · May 18, 1994

court granted a motion to dismiss filed by defendants Parker, Stopczniske and Ruffin, after concluding that these defendants were also entitled to qualified immunity. … Moreover, the discretionary recommendations of the Friend of the Court officials fall well within the boundaries of reasonable activities for which qualified immunity applies. See Harlow v.

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.

Larry R. Lund Deborah Lund, Plaintiffs-Appellants/cross-Appellees, Mark L. Loop v. Seneca County Sheriff's Department Seneca County Prosecutor's Office, Defendants-Appellees(99-3815), Paul F. Kutscher, Jr. Richard F. Dohner D. L. Gadberry, Defendants-Appellees/cross-Appellants, Clyde Police Department

230 F.3d 196 · Court of Appeals for the Sixth Circuit · Oct 12, 2000

It held that the Seneca Countylaw enforcement officers were protected by qualified immunity and that there was probable cause for the arrest of Larry Lund. 2 Plaintiffs' main argument on appeal is that language found in Taylor … Taintor, 83 U.S. 366 (1872), at page 371, set out in the footnote below, 1 provides them with a "clearly established" federal constitutional right under the Extradition Clause, Article IV, § 2, to enter the home of another

Gould, Inc. v. Mitsui Mining & Smelting Company

947 F.2d 218 · Court of Appeals for the Sixth Circuit · Dec 10, 1991

In the first appeal, we determined that defendants qualified as foreign states under the FSIA. Gould at 450. … Neither the District Court nor the majority considered the magistrate judge's specific findings clearly erroneous.

Frank L. Johns v. The Supreme Court of Ohio

753 F.2d 524 · Court of Appeals for the Sixth Circuit · Jan 30, 1985

Clearly, however, his action is directed against the state treasury, for he asks for no damages from the individual justices; indeed, under the doctrine of judicial immunity, he could not recover damages from the judges personally … Thus, the fact that the state has waived immunity from suit in its own courts is not a waiver of Eleventh Amendment immunity in the federal courts. Edelman v.

Beyer v. Johnson City

103 F. App'x 613 · Court of Appeals for the Sixth Circuit · Jul 2, 2004

The district court thus did not reach the question of whether the individual defendants were also entitled to summary judgment based upon qualified immunity. … Because the reasoning that supports judgment for the defendants has been clearly articulated by the district court in a thorough and comprehensive opinion, the issuance of a detailed written opinion by this court would be

United States v. Daniel H. Overmyer

899 F.2d 457 · Court of Appeals for the Sixth Circuit · May 10, 1990

in prior bankruptcy proceedings is clearly erroneous; and (2) whether the district court abused its discretion by refusing to dismiss the indictment based on alleged prosecuto-rial misconduct in the grand jury process. … We, therefore, conclude that the findings of the trial court with regard to the Kastigar hearing were not clearly erroneous. V.

Rhiannon Nugent v. Spectrum Juvenile Justice Servs.

Court of Appeals for the Sixth Circuit · Jun 28, 2023

First, Spectrum invoked qualified immunity, but that defense is “available only to individual government officials sued in their personal capacity.” United Pet Supply, Inc. v. … The question there was whether employees of a private prison were entitled to qualified immunity from § 1983 claims. Id. at 401.

Shively v. Green Local School District Board of Education

579 F. App'x 348 · Court of Appeals for the Sixth Circuit · Aug 27, 2014

Defendant school officials appeal the district court’s denial of their motion to dismiss on qualified immunity and state-law immunity grounds. … The defense of qualified immunity shields government officials performing discretionary functions from liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a

The Estate of Jeremy Marr v. City of Glasgow, Ky.

Court of Appeals for the Sixth Circuit · Mar 16, 2026

The three officers in this case raise the affirmative defense of qualified immunity. … “In order for a right to be clearly established for the purposes of qualified immunity, ‘[t]he contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates

Coger v. Board of Regents of Tennessee

154 F.3d 296 · Court of Appeals for the Sixth Circuit · Aug 17, 1998

In Seminole Tribe , the Supreme Court established a two-part inquiry for determining whether Congress abrogated the states’ sovereign immunity when enacting a particular statute. … As mentioned, the evidence before Congress established that qualified workers were being fired, not hired, and paid less because of their age.

Terry Williams, Jr. v. Greg Sandel

433 F. App'x 353 · Court of Appeals for the Sixth Circuit · Jul 13, 2011

because they used excessive force in violation of clearly established rights. … They also maintain that even if the force was not objectively reasonable, they are entitled to qualified immunity because the force used did not violate clearly established law.

Faith Baptist Church v. Waterford Township

522 F. App'x 322 · Court of Appeals for the Sixth Circuit · Apr 11, 2013

The court “‘review[s] an assertion of qualified immunity to determine only whether the complaint adequately alleges the commission of acts that violated clearly established law.’” Heyne v. Metro. Nashville Pub. … They contend, in the alternative, that Bedell was entitled to qualified immunity because his actions did not violate any clearly established statutory or constitutional right.