Case law

Smith v. Williams-Ash

173 F. App'x 363 · Court of Appeals for the Sixth Circuit · Dec 6, 2005

right has been violated, and (2) whether that right was clearly established.” … As outlined above, the constitutional right to procedural due process under the circumstances alleged by plaintiffs was clearly established and should have been apparent to a reasonable official.

Alia v. Michigan Supreme Court

906 F.2d 1100 · Court of Appeals for the Sixth Circuit · Aug 30, 1990

The district court granted defendants' motion for dismissal pursuant to Federal Rule of Civil Procedure 12(b) on the basis that defendants are entitled to eleventh amendment immunity and qualified judicial immunity. … I would also remand this case for further consideration by the district court as to whether it can properly consider a defense of qualified immunity, when only absolute judicial immunity or Eleventh Amendment immunity has

Ability Center Of Greater Toledo v. City Of Sandusky

385 F.3d 901 · Court of Appeals for the Sixth Circuit · Oct 1, 2004

For example, elimination of architectural barriers was one of the central aims of the Act, yet such barriers were clearly not erected with the aim or intent of excluding the handicapped. 22 Id. at 296-97 , 105 S.Ct. 712 ( … So that its aims are achieved, Title II mandates that, in addition to these minimum guidelines, the Compliance Board " shall establish additional requirements ... to ensure that buildings [and] facilities... are accessible

Melda Turker v. Ohio Department of Rehabilitation and Corrections

157 F.3d 453 · Court of Appeals for the Sixth Circuit · Oct 5, 1998

It is equally *457 well-established that a federal court cannot entertain a lawsuit against state officials for violations of state law unless the state has waived its immunity under the Eleventh Amendment. 1 See, e.g., Freeman … Of course, reinstatement to a job position clearly falls within the purview of prospective equitable relief. See Hall v.

Reginald Folks v. Aaron Petitt

676 F. App'x 567 · Court of Appeals for the Sixth Circuit · Jan 23, 2017

“Qualified immunity attaches when an official’s conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” White v. … When a defendant invokes qualified immunity in a motion for summary judgment, the plaintiff must offer sufficient evidence to create a genuine dispute of fact that the defendant violated a clearly established right.

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.

Brenda Margeson v. White County, TN

579 F. App'x 466 · Court of Appeals for the Sixth Circuit · Sep 8, 2014

Margeson concedes, however, the denial of qualified immunity “is immediately appealable as a collateral order when the issue on appeal concerns . . . whether the facts alleged showed a violation of clearly established law … When evaluating the plaintiff’s case against qualified immunity, this Court considers whether the facts alleged, viewed in the light most favorable to the plaintiff, establish that the defendants’ conduct violated a “clearly

Harris v. Carter

Court of Appeals for the Sixth Circuit · Jul 29, 2003

clearly established Supreme Court precedent. … Its finding was contrary to clearly established federal law as stated in Holloway. III.

Greathouse Ex Rel. Estate of King v. Couch

433 F. App'x 370 · Court of Appeals for the Sixth Circuit · Jul 22, 2011

A police officer is entitled to qualified immunity unless the plaintiff demonstrates that the officer violated a constitutional right and that the right was clearly established at the time of the violation. … King, and that he would contravene no clearly established law by doing so. See Saucier, 533 U.S. at 208-09. Couch is therefore entitled to qualified immunity for his actions. See Pearson, 129 S.

Alverta Williams v. Richland County Children Services

489 F. App'x 848 · Court of Appeals for the Sixth Circuit · Jul 13, 2012

“When the qualified immunity defense is raised at the pleading stage, the court must determine only whether the complaint ‘adequately alleges the commission of acts that violated clearly established law.’” … was clearly established.”

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.

Lucas v. Monroe County

203 F.3d 964 · Court of Appeals for the Sixth Circuit · Feb 18, 2000

on retaliation and political patronage was clearly established at the Police records that track the tow companies used by the County time of Defendants’ misconduct, so that Defendants knew or should have confirm that … established that they were retaliatory conduct.

Mary Stamm v. Frederick Miller

657 F. App'x 492 · Court of Appeals for the Sixth Circuit · Sep 16, 2016

Qualified immunity protects government officials from standing trial for civil liability in their performance of discretionary functions unless their actions violate clearly established rights. Harlow v. … In evaluating whether a constitutional right was clearly established, “[t]he key determination is whether a defendant moving for summary judgment on qualified immunity grounds was on notice that his alleged actions were

Solel Umani v. Michigan Dep't of Corrections

432 F. App'x 453 · Court of Appeals for the Sixth Circuit · Jul 18, 2011

light of the clearly established constitutional right. … In order for Umani to defeat defendants’ claim for qualified immunity, he must first establish that a constitutional right was violated.

Maria Muniz-Muniz v. United States Border Patrol

741 F.3d 668 · Court of Appeals for the Sixth Circuit · Dec 20, 2013

The district court granted the motion to dismiss, determining that it lacked subject matter jurisdiction because plaintiffs had failed to establish a waiver of sovereign immunity. … Plaintiffs stated their reliance on § 702 in a number of pleadings in the district court, although not as clearly as they could have.

Cameron v. Children's Hospital Medical Center

131 F.3d 1167 · Court of Appeals for the Sixth Circuit · Dec 2, 1997

omitted), as required for immunity to attach. … While he is acting as a security guard, he is clearly not a state employee.

Curtis Smith v. Simon Leis

407 F. App'x 918 · Court of Appeals for the Sixth Circuit · Feb 10, 2011

It is well-established that “[t]he doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … When a defendant raises a claim of qualified immunity as a defense, the plaintiff bears the burden of showing that a right is clearly established, - 18 - Curtis Smith,

William Long and Patricia M. Long, His Wife v. Dr. John Richardson, Acting President of Memphis State University

525 F.2d 74 · Court of Appeals for the Sixth Circuit · Oct 24, 1975

It is well established that even though a state is not named a party to an action, the eleventh amendment still may bar the action if it seeks “to impose a liability which must be paid from public funds in the state treasury … We are not unmindful that a waiver of a constitutional right must appear clearly and may not be lightly inferred. Edelman v. Jordan, 415 U.S. 651, 673 , 94 S.Ct. 1347 , 39 L.Ed.2d 662 (1974).

State of Michigan and Michigan Education Trust v. United States

40 F.3d 817 · Court of Appeals for the Sixth Circuit · Feb 2, 1995

By letter dated April 26, 1989, the IRS replied that it had concluded that the education trust did not qualify for exemption under § 501(c)(3). … Unlike the insurance corporation, the education trust is clearly a public instrumentality. Unlike the insurance corporation, the education trust has a board appointed entirely by the governor of the state.

Lockett v. Suardini

526 F.3d 866 · Court of Appeals for the Sixth Circuit · May 14, 2008

Qualified immunity MDOC further argues in defense of Lockett’s claims that Blackford, Galloway, Irvine, and Suardini are entitled to qualified immunity. … Based on our determination that none of Lockett’s constitutional rights were violated, we have no need to discuss the availability of qualified immunity for the defendants in this ease. See Scott v.