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  • 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.

    Cited 99 timesPublished
  • 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.

    Cited 4 timesPublished
  • 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).

    Cited 8 timesUnpublished
  • 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.

    Cited 16 timesUnpublished
  • Angel v. Kentucky

    314 F.3d 262 · Court of Appeals for the Sixth Circuit · Dec 23, 2002

    “When the defendant challenges subject matter jurisdiction through a motion to dismiss, the plaintiff bears the burden of establishing jurisdiction.” Hedgepeth, 215 F.3d at 611 . C. … We must therefore address the jurisdictional question that clearly exists, even though it was not addressed by the court below. See Wilson-Jones v.

    Cited 19 timesPublished
  • United States v. Jerome Hadley

    431 F.3d 484 · Court of Appeals for the Sixth Circuit · Dec 6, 2005

    Katz, 533 U.S. 194 , 200-01, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001) (requiring, in qualified immunity settings, that courts address the constitutionality of the government employee’s action before determining whether the … claimant’s constitutional rights were clearly established); Lyons v.

    Cited 92 timesPublished
  • Justice v. Pike Cnty Bd of Ed

    Court of Appeals for the Sixth Circuit · Nov 4, 2003

    When Welch was unmoved by immunity defenses. … highly deferential standard of the qualified immunity defense. how to exercise their statutory or delegated policymaking McCloud I, 97 F.3d at 1559.

    Cited 0 timesPublished
  • 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.

    Cited 9 timesPublished
  • Ernst v. Rising

    427 F.3d 351 · Court of Appeals for the Sixth Circuit · Oct 26, 2005

    Laws §§ 38.2101 -.2670, which established the judges’ retirement system in its current form. … “[EJrrors of law” invariably establish an abuse of discretion, United States v.

    Disagreed with by Lowe v. Hamilton County Department of Job & Family Services, 610 F.3d 321 (2010)Cited 321 timesPublished
  • Ortiz v. Voinovich

    316 F. App'x 449 · Court of Appeals for the Sixth Circuit · Mar 12, 2009

    and, if so, whether that right was clearly established at the time of the violation. … As there was no constitutional violation, we do not reach whether the right was clearly established in November 1996. .

    Cited 6 timesUnpublished
  • Huron Valley Hospital, Inc. v. City of Pontiac

    887 F.2d 710 · Court of Appeals for the Sixth Circuit · Oct 13, 1989

    The district court decided that defendants could claim neither qualified immunity nor a state action anti-trust exemption. 9 On appeal, another panel of this court affirmed that the defendants could not claim qualified immunity … Section 1983 authorizes the courts to redress violations of “rights, privileges, or immunities secured by the Constitution and [federal] laws” that occur under color of state law.

    Cited 8 timesPublished
  • Charles Blackwell v. Steven Chisholm

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

    dismiss on grounds of qualified immunity … were entitled to qualified immunity.

    Cited 0 timesUnpublished
  • Beaven v. United States Department of Justice

    622 F.3d 540 · Court of Appeals for the Sixth Circuit · Sep 27, 2010

    Here, the district court applied the correct legal standard, and its credibility-based findings of fact are supported by the record and not clearly erroneous. … We cannot deem “the factfinder’s choice” between two permissible views of the evidence clearly erroneous. Id.

    Cited 166 timesPublished
  • Steven Scozzari v. City of Clare

    454 F. App'x 455 · Court of Appeals for the Sixth Circuit · Jan 4, 2012

    Government officials may invoke qualified immunity as a defense only “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Defendants assert they are entitled to qualified immunity because their conduct was objectively reasonable and did not violate clearly established law.

    Cited 24 timesUnpublished
  • Edward James Kenney, Jr. v. Honorable Raymond W. Fox, Edward James Kenney, Jr. v. Honorable Malcolm K. Hatfield, Thomas N. Robinson, Dr. Roy A. Morter, Dr. Joseph McCarthy Edward James Kenney, Jr. v. Joseph J. Killian

    232 F.2d 288 · Court of Appeals for the Sixth Circuit · Apr 19, 1956

    Justice Holmes that the immunity of judges from civil actions, for damages for their official acts, is so firmly established in American jurisprudence that it would be considered to have been carried into the Philippine Islands … He added that the highest court had held that the broadly expressed terms of the Civil Rights Act could not have been intended to deprive state legislators of their preexisting and well established complete immunity from

    Cited 10 timesPublished
  • Alex LeFever v. James Ferguson

    567 F. App'x 426 · Court of Appeals for the Sixth Circuit · Jun 6, 2014

    City of Warren, 578 F.3d 351, 397 (6th Cir. 2009), the district court granted qualified immunity to Ferguson on the concealment claims, concluding that the principle was not clearly established at the time of LeFever’s … fabrication of incriminating evidence violates clearly established constitutional rights.

    Cited 12 timesUnpublished
  • Christopher Florio and Sharon Florio v. Gary Skorepa and City of North Royalton

    56 F.3d 64 · Court of Appeals for the Sixth Circuit · May 30, 1995

    In response, defendant Skorepa, in his individual capacity, filed a motion to dismiss on the basis of qualified immunity. … Accordingly, this court reversed the denial of qualified immunity as to that portion of Florio's speech.

    Cited 0 timesPublished
  • Brayton Groth v. City of Birmingham, Mich.

    Court of Appeals for the Sixth Circuit · Mar 10, 2026

    Qualified Immunity: A. … is clearly passive or compliant, as defined in our precedents, we typically deny qualified immunity.

    Cited 0 timesUnpublished
  • Mackinac Ctr. for Pub. Pol'y v. Miguel Cardona

    102 F.4th 343 · Court of Appeals for the Sixth Circuit · May 17, 2024

    As the district court dismissed this case at the pleading stage, Plaintiffs needed to “‘clearly . . . allege facts demonstrating’ standing.” … Page 9 competitor standing may render some agency action effectively immune from judicial review.” Id. at 677.

    Cited 9 timesPublished

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