Case law

B.R. v. McGivern

714 F. App'x 528 · Court of Appeals for the Sixth Circuit · Nov 1, 2017

I agree that the officers are entitled to •qualified immunity, but because I think probable cause to arrest B.R. is a close issue, I would be more inclined to grant qualified immunity for lack of clearly establish law. … "Once probable cause is established, an officer is under no duty to investigate further or to look for additional evidence which may exculpate the accused.” Ahlers v. Schebil, 188 F.3d 365, 371 (6th Cir. 1999).

Futernick v. Sumpter Township

78 F.3d 1051 · Court of Appeals for the Sixth Circuit · Mar 18, 1996

The district court dismissed the claim for money damages against Caterino on grounds of qualified immunity. … The court dismissed the money damages claim against Caterino on grounds of qualified immunity.

Thomas L. Davis, James J. Condit, Attorneys-Appellants v. Hon. Thomas C. Crush, Planned Parenthood Association of Cincinnati, Inc.

862 F.2d 84 · Court of Appeals for the Sixth Circuit · Nov 23, 1988

established law depriving him of jurisdiction.” … It further stated that “Judge Crush knew, or acted in reckless disregard of clearly established law, that he had no authority or jurisdiction to order the arrest of persons such as plaintiffs who were not named as parties

Beamon v. Brown

125 F.3d 965 · Court of Appeals for the Sixth Circuit · Sep 18, 1997

B.The APA Waiver of Sovereign Immunity The doctrine of sovereign immunity removes subject matter jurisdiction in lawsuits against the United States unless the government has consented to suit. United Liberty Life Ins. … In this case, plaintiffs argue that the APA provides the necessary waiver of sovereign immunity.

Wellman v. United States

2 Ohio Law. Abs. 530 · Court of Appeals for the Sixth Circuit · Apr 11, 1924

Refusal to permit cross-examination as to attitude of witness and his bank concerning immunity to employe held not error. 11. … Exclusion of testimony as to defendant’s reputation held proper in absence of a showing that the witness was qualified as a character witness. 12.

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).

Brown v. Shaner

172 F.3d 927 · Court of Appeals for the Sixth Circuit · Apr 15, 1999

Lovelace leave to file an amended complaint naming O’Hara in his individual capacity without prejudice to any motion by the defendant to dismiss the amended complaint on the grounds of qualified immunity or the statute of … However, the district court then considered and granted O’Hara’s motion for summary judgment on the ground of qualified immunity.

Rebecca Lucas v. City of Reynoldsburg, Ohio

Court of Appeals for the Sixth Circuit · Jan 23, 2026

To overcome qualified immunity, “the plaintiff bears the burden of showing that the defendant’s conduct violated a right so clearly established that a reasonable official in his position would have clearly understood that … And in such cases, officers are entitled to qualified immunity.

Suetta Smith v. County of Lenawee

505 F. App'x 526 · Court of Appeals for the Sixth Circuit · Nov 20, 2012

We keep this precept in mind when assessing whether the facts support a grant of qualified immunity. B. … Qualified Immunity Government officials are immune from civil liability under 42 U.S.C. § 1983 when performing discretionary duties, provided “their conduct does not violate clearly established statutory or constitutional

Joseph Middaugh v. City of Three Rivers

684 F. App'x 522 · Court of Appeals for the Sixth Circuit · Mar 29, 2017

At the same time, the doctrine of qualified immunity protects government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … Mullenix emphasized that for qualified immunity purposes, clearly established law must be defined specifically, not “at a high level of generality.” Id. (quoting al-Kidd, 563 U.S. at 742).

Chris Blosser v. Todd Gilbert

422 F. App'x 453 · Court of Appeals for the Sixth Circuit · May 10, 2011

Qualified Immunity Qualified immunity shields “government officials performing discretionary functions . . . from liability for civil damages insofar as their conduct does not violate clearly … Gilbert qualified immunity claims in excessive force cases, determining both whether, based upon the applicable law, a constitutional violation has occurred, and whether that violation involved a clearly established constitutional

Munaco v. United States

Court of Appeals for the Sixth Circuit · Apr 15, 2008

Munaco says that the IRS informed him that if he conditioned or qualified the lien payment in any way, his title would not be clear and marketable. … All else equal, Williams’s holding would clearly authorize Munaco’s suit under § 1346. Cf. Beauchamp v. United States, 4 F.

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.

U.S. ex rel. David Felten v. William Beaumont Hosp.

993 F.3d 428 · Court of Appeals for the Sixth Circuit · Mar 31, 2021

We have never recognized Robinson as establishing special rules for employee protections. … Supp. 2d 186, 208 (D.D.C. 2011) (“The plain language . . . clearly establishes that Section 3730(h) applies only to the employment context and, therefore, cannot extend to claims for retaliatory action occurring solely after

Flying Dog Brewery, LLLP v. Michigan Liquor Control Commission

597 F. App'x 342 · Court of Appeals for the Sixth Circuit · Mar 5, 2015

was clearly established at the time the conduct occurred. … Consequently, we disagree with the district court’s determination that applicable First Amendment law was not clearly established in 2009 and set aside the grant of qualified immunity to the Commissioners. B.

Linda Ruffin v. Cuyahoga Cty., Ohio

708 F. App'x 276 · Court of Appeals for the Sixth Circuit · Jan 10, 2018

The individual defendants are entitled to qualified immunity if (1) they did not violate any of Sharp’s constitutional rights or (2) the violated rights, if any, were not “clearly established” at the time of the alleged … deliberately indifferent to a right that has yet to be clearly established. Arrington-Bey v. City of Bedford Heights, 858 F.3d 988, 994 (6th Cir. 2017).

Sharma v. Ohio State University

25 F. App'x 243 · Court of Appeals for the Sixth Circuit · Nov 28, 2001

Under the latter approach, to establish a prima facie case, the plaintiff must show that: (1) he is a member of a protected class; (2) he was subject to an adverse employment action; (3) he was qualified; and (4) he was treated … Thus, in their official capacities they are immune from suit. Summary judgment is appropriate even if Sharma were suing the defendants in their individual capacities.

Brian Devereux v. Knox Cnty., Tenn.

15 F.4th 388 · Court of Appeals for the Sixth Circuit · Sep 22, 2021

The individual Defendants filed a motion for judgment on the pleadings and a motion for summary judgment, both based on qualified immunity. … It concluded that “Knox County has established that it is entitled to dismissal of Mr.

Rose Ann Wilkerson, Ray Wilkerson and Sharon Sutton v. Harold Johnson, Fred Bush, Roy "Bud" Nail, Jr., and Lola Wooldridge

699 F.2d 325 · Court of Appeals for the Sixth Circuit · Feb 9, 1983

Nebraska, 262 U.S. 390, 399 , 43 S.Ct. 625, 626 , 67 L.Ed. 1042 (1923), qualifies as a liberty interest which may not be arbitrarily denied by the State. … Johnson clearly had the kind of interest in the licensing decision which creates an unconstitutional risk of bias.

Ky. Emps. Ret. Sys. v. Seven Counties Servs., Inc.

901 F.3d 718 · Court of Appeals for the Sixth Circuit · Aug 24, 2018

The majority is clearly wrong. … Although there is no simple test for ascertaining whether an institution is so closely related to governmental activity as to become a tax-immune instrumentality, the Red Cross is clearly such an instrumentality