Case law

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.

Mark Eurton, Jr. v. Parker Thomas

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

Eurton’s federal claims Qualified immunity shields public officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … We begin and end our analysis with the clearly established prong.

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.

Consolidated Television Cable Service, Inc. v. City of Frankfort

857 F.2d 354 · Court of Appeals for the Sixth Circuit · Sep 21, 1988

The state action immunity doctrine was established in 1943 in Parker v. Brown, 317 U.S. 341 , 63 S.Ct. 307 , 87 L.Ed. 315 (1943). … United States, 471 U.S. 48 , 105 S.Ct. 1721 , 85 L.Ed.2d 36 (1985), had actually developed a two-prong test for state action immunity: The first prong requires that the anti-competitive behavior derive from a clearly articulated

Lorraine Havard v. Wayne County

436 F. App'x 451 · Court of Appeals for the Sixth Circuit · Aug 19, 2011

The standards for assessing qualified immunity are well-established. … Qualified immunity from liability is available to government officials “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Tanya Mixon, Denise Thomas, and the National Association for the Advancement of Colored People v. The State of Ohio and Michael White, Mayor of the City of Cleveland

193 F.3d 389 · Court of Appeals for the Sixth Circuit · Sep 30, 1999

Eleventh Amendment immunity from suit in federal court even if it has waived its immunity and consented to be sued in its state courts. … Ohio only allows a waiver of sovereign immunity by its legislature or its courts.

Sharon A. Prince v. Jan Hicks, Individually and in Her Official Capacity as Assistant District Attorney General, James Hazelhurst, Individually and in His Official Capacity

198 F.3d 607 · Court of Appeals for the Sixth Circuit · Dec 2, 1999

The Supreme Court held that "advising the police in the investigative phase of a criminal case is [not] so 'intimately associated with the judicial phase of the criminal process' that it qualifies for absolute immunity." … The Court added, "it is incongruous to allow prosecutors to be absolutely immune from liability for giving advice to the police, but to allow police officers only qualified immunity for following the advice."

Triomphe Investors v. City Of Northwood

49 F.3d 198 · Court of Appeals for the Sixth Circuit · Mar 7, 1995

Triomphe now appeals only the substantive due process claim and the finding of qualified immunity of the individual defendants on that claim. … The court granted summary judgment for the individual defendants on the substantive due process claim based on qualified immunity.

Lowenbraun v. Canary

Court of Appeals for the Sixth Circuit · Jul 6, 2006

Canary contends, however, that the documents referred to by Ethel do not conclusively establish his knowledge of the transfer. … The bankruptcy court’s legal conclusions are subject to de novo review, and its factual findings are reviewed under the clearly erroneous standard. Id. B.

Larry Lee v. Dean Willey

789 F.3d 673 · Court of Appeals for the Sixth Circuit · Jun 18, 2015

Mehra’s interlocutory appeal from the denial of qualified immunity. This court affirmed the denial in October 2013, concluding that, as a private employee under contract with the MDOC, Dr. … Mehra was not entitled to assert a qualified immunity defense. Once the stay was lifted, the MDOC defendants—joined by the separately represented Dr.

Corey Crugher v. John Prelesnik

761 F.3d 610 · Court of Appeals for the Sixth Circuit · Aug 1, 2014

The allegations in the eom-plaint, if accepted as true, only establish a causal connection between Crugher’s termination and his FMLA leave. … Last minute call in for a medical appointment will not qualify under the family medical act.

April Harvey v. Campbell County, TN

453 F. App'x 557 · Court of Appeals for the Sixth Circuit · May 10, 2011

A defendant may not appeal the denial of qualified immunity if the district court’s order was based on a question of “evidence sufficiency” rather than “the application of ‘clearly established’ law to a given (for appellate … clearly established statutory or constitutional rights of which a reasonable person would have known.

John C. Bonnell and Nancy L. Bonnell v. Albert Lorenzo, William MacQueen and Gus J. Demas, Mark Cousens

241 F.3d 800 · Court of Appeals for the Sixth Circuit · Mar 1, 2001

It is well-established that the defense of qualified immunity grants government officials engaged in discretionary activities immunity from individual liability for civil damages unless their conduct violates “clearly established … To determine whether a right was clearly established for purposes of qualified immunity, we “look first to decisions of the Supreme Court, then to decisions of this court and other courts within our circuit, and finally to

Ronald Kidwell Julie Johnson and Charles Arnett v. City of Union and John Applegate

462 F.3d 620 · Court of Appeals for the Sixth Circuit · Sep 8, 2006

The district court dismissed the mayor and town council after finding that they qualified, respectively, for qualified and absolute immunity. *623 The court then granted summary judgment for Union and Applegate, holding that … Because we hold that defendants did not violate plaintiffs’ constitutional rights, we need not consider the immunity issue.

David Pershell v. Shawn Martin

430 F. App'x 410 · Court of Appeals for the Sixth Circuit · Jul 13, 2011

’”; and 2) whether that right was clearly established at the time of the alleged violation. … It was also clearly established at the time of the incident that striking a handcuffed and immobilized arrestee is unreasonable conduct.

Bailey v. Floyd County Board Of Education

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. 10 On appeal, Bailey challenges the district court's … However, the parties to an employment contract can make the employment relationship terminable only for cause "by clearly stating their intentions to do so...." Shah, 655 S.W.2d at 492 .

John Sampson v. Lisa Gee-Cram

655 F. App'x 383 · Court of Appeals for the Sixth Circuit · Jul 12, 2016

Qualified Immunity Qualified immunity is intended to give “government officials breathing room to make reasonable but mistaken judgments.” Messerschmidt v. Millender, 132 S. … To that end, “[t]he doctrine of qualified immunity shields officials from civil liability so long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would

Heather Minick v. Metro. Gov't of Nashville

543 F. App'x 507 · Court of Appeals for the Sixth Circuit · Oct 21, 2013

Two steps comprise our qualified immunity analysis here. First, Minick must plead a plausible violation of her husband’s rights. Second, she must show that right was clearly established at the time of the incident. … Because a reasonable official in Mason’s shoes would not know that her response violated Minick’s clearly established rights, qualified immunity shields Mason from liability.

Jones v. City of Monroe

Court of Appeals for the Sixth Circuit · Aug 21, 2003

complies with federal law and (2) she is otherwise qualified; and (3) she is being excluded thereby concluding that Jones had failed to establish a from participation in … Whether Jones is a Qualified Individual with a feet.

Raymer v. United States

660 F.2d 1136 · Court of Appeals for the Sixth Circuit · Oct 9, 1981

Nevertheless, the finding of the district court on this factual issue is not clearly erroneous, and it is treated as correct on appeal. Rule 52(a), Fed.R.Civ.P. … The humane rule which Haddad establishes is that when members of the general public enlist the services of specially qualified persons to determine whether potentially dangerous substances do in fact constitute a danger,