Case law

William Lucier v. City of Ecorse

601 F. App'x 372 · Court of Appeals for the Sixth Circuit · Feb 10, 2015

Public officials are entitled to qualified immunity for civil damages if their conduct does not violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” … Because a genuine issue of material fact exists regarding whether Defendants violated Plaintiff’s clearly established constitutional rights, Defendants are not entitled to summary judgment on the basis of qualified immunity

Rafael Correa v. James Simone, Jr.

528 F. App'x 531 · Court of Appeals for the Sixth Circuit · Jun 12, 2013

To determine whether qualified immunity applies to excessive force claims, this Court uses a two-step analysis. … Clearly Established Right. Having found a constitutional violation, we must next consider whether “the right was clearly established at the time of the alleged violation.” Campbell, 700 F.3d at 786 (citing Parsons v.

David Cooper v. Montgomery Cty., Ohio

Court of Appeals for the Sixth Circuit · Apr 2, 2019

months was not clearly established. … “The qualified immunity doctrine protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person

Alan Howard, Sr. v. Knox County, Tennessee

695 F. App'x 107 · Court of Appeals for the Sixth Circuit · Jun 21, 2017

Qualified Immunity The doctrine of qualified immunity shields government officials from civil liability under 42 U.S.C. § 1983 if “their conduct does not violate clearly established statutory or constitutional rights … Once qualified immunity is raised, the plaintiff bears the burden of showing that the defendants are not entitled to qualified immunity. Burgess v. Fischer, 735 F.3d 462, 472 (6th Cir. 2013).

O'Bryan v. Holy See

Court of Appeals for the Sixth Circuit · Nov 24, 2008

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 … As previously noted by this court, the legislative history of FSIA clearly envisions a burden-shifting process: The burden will remain on the foreign state to produce evidence in support of its claim of immunity

Bailey v. Floyd County Board of Education ex rel. Towler

106 F.3d 135 · Court of Appeals for the Sixth Circuit · Jan 30, 1997

Additionally, the court ruled that Defendant Towler was entitled to qualified immunity and that the School Board was not entitled to immunity under the Eleventh Amendment. … immunity defense or the School Board defendants’ Eleventh Amendment defense.

Raymond Haislah v. Albert Walton and City of Cleveland and Cleveland Police Department

676 F.2d 208 · Court of Appeals for the Sixth Circuit · Apr 21, 1982

Sanborn, 555 F.2d 583, 590-92 (6th Cir. 1977) (immunity of parole officers). B. … City of Independence, 445 U.S. 622 , 100 S.Ct. 1398 , 63 L.Ed.2d 673 (1980) (local units of government are not entitled to the qualified immunity available to defendants who are individuals). .

James D. Gibson v. Samuel McMurray Latrice Sain

159 F.3d 230 · Court of Appeals for the Sixth Circuit · Oct 20, 1998

The district court held that McMur-ray was liable under a theory of supervisory liability and that he did not have qualified immunity. II. … immunity.

In Re Perrigo Company

128 F.3d 430 · Court of Appeals for the Sixth Circuit · Oct 23, 1997

The work-product rule is not a privilege but a qualified immunity protecting from discovery documents and tangible things prepared by a party or his representative in anticipation of litigation. Fed. R. Civ. … The court clearly made that determination, however, and we need not decide if this constituted error.

Ronald Haley v. Elsmere Police Department

452 F. App'x 623 · Court of Appeals for the Sixth Circuit · Dec 15, 2011

Finally, Markesbery correctly points out that the district court did not explicitly address the “clearly established” prong of the qualified immunity test. … ” to mean that the right was clearly established but the factual dispute still prevented a finding of qualified immunity.

Elizabeth L. Cohen v. Secretary of Department of Health and Human Services

964 F.2d 524 · Court of Appeals for the Sixth Circuit · May 20, 1993

Hess, an expert on chronic fatigue syndrome and immune dysfunction. … To qualify for disability insurance payments, a claimant must establish that she is disabled within the meaning of the Social Security Act. 42 U.S.C. § 423 (a)(1)(D) (1988).

Riccy Mabel Enriquez-Perdomo v. Ricardo Newman

Court of Appeals for the Sixth Circuit · Aug 20, 2025

In the alternative, defendants argued that they were protected by qualified immunity. … And for that reason, like the district court, we need not address any issues of qualified immunity. The allegations of Enriquez-Perdomo’s complaint are chilling.

Soil Friends, LLC v. Charter Twp. of Comstock, Mich.

Court of Appeals for the Sixth Circuit · Jan 7, 2026

The district court granted two defendants absolute immunity, and, holding that Plaintiffs had failed to allege any violation of “clearly established” rights, the court granted the remaining officials qualified immunity … The district court granted the individual defendants qualified immunity because Plaintiffs had failed to demonstrate a clearly established right. The decision rested on the doctrine’s second prong.

Sandra Williams v. James Nice

652 F. App'x 365 · Court of Appeals for the Sixth Circuit · Jun 16, 2016

established; and (4) he is also entitled to qualified immunity under state law. … His claim of qualified immunity must fail. D. Officer Morgan also argues that the prohibition against this force was not *375 clearly established.

Artie Mahaley v. Cuyahoga Metropolitan Housing Authority, and Cityof Euclid

500 F.2d 1087 · Court of Appeals for the Sixth Circuit · Jul 9, 1974

There is no question but that municipal councilmen may assert a qualified immunity from suit when acting within the scope of their legislative duties. See Tenney v. … In my opinion we cannot and should not pass on any claims of qualified immunity until the charges of racial discrimination have been finally heard and decided.

William Jennings v. Patrick Fuller

659 F. App'x 867 · Court of Appeals for the Sixth Circuit · Sep 9, 2016

Fuller concluding that the officers were not protected by qualified immunity, and the officers filed this interlocutory appeal. Qualified immunity is immunity from suit, not merely from liability. … Thus, the fact that the initial takedown was clearly unconstitutional does not mean that all the officers’ subsequent actions are ipso facto not protected by qualified immunity.

Turi v. Main Street Adoption Services, LLP

633 F.3d 496 · Court of Appeals for the Sixth Circuit · Mar 4, 2011

Unlike a claim of sovereign immunity, which is immediately appealable under the collateral-order doctrine because it is a claimed immunity from the obligation to stand trial, see Lowe, 610 F.3d at 323, a claim that the district … immunity.”

Marine Management, Inc. v. Commonwealth of Kentucky

723 F.2d 13 · Court of Appeals for the Sixth Circuit · Dec 16, 1983

Parden establishes, however, and later decisions reaffirm strongly, that the threshold question is whether Congress intended, by enacting the legislation at issue, to require the states to waive Eleventh Amendment immunity … Chesapeake Bay, however, was decided prior to the Supreme Court’s decision in Employees, supra, in which the Court specifically declined to extend Parden, supra, to cover every exercise by Congress of its commerce power, absent clearly

Keweenaw Bay Indian Community v. Jay Rising Harrold Reid Timothy Blanksvard

477 F.3d 881 · Court of Appeals for the Sixth Circuit · Feb 28, 2007

To establish Post Offices and post Roads.”). … Thus, contrary to the Community’s argument, the Supreme Court has clearly endorsed state seizures as a remedy where sovereign immunity prevents in-court remedies.

Woolsey v. Hunt

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

Your final pay will include all accumulated annual leave. 27 Should you be interested in other employment within the University, you may contact Human Resources to be considered for available openings for which you qualify … Findings of fact by a district judge should not be reversed unless clearly erroneous. Fed.R.Civ.P. 52(a).