Case law

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,

Snow Pallet, Inc. v. Clinton County Industrial Development Authority

46 F. App'x 787 · Court of Appeals for the Sixth Circuit · Sep 4, 2002

BACKGROUND Defendant Clinton County Industrial Development Authority (“CCIDA”) was established by the Clinton County Fiscal Court pursuant to the Local Industrial Authority Act. See KY. REV. STAT. … State Sovereign Immunity CCIDA’s Immunity Snow Pallet appeals the district court’s determination that CCIDA and its directors are immune from suit under state law.

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).

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.

Williams v. McLemore

247 F. App'x 1 · Court of Appeals for the Sixth Circuit · Jun 19, 2007

If so, Williams must then show that the right was clearly established. Id. … In order to avoid qualified immunity for McLemore, in addition to showing that McLemore violated Williams’s constitutional right, Williams must also show that the right McLemore allegedly violated was clearly established

Walter Dodd, Jr. v. Jerry Simmons

655 F. App'x 322 · Court of Appeals for the Sixth Circuit · Jul 6, 2016

The defendant’s Rule 50(a) motion must put the plaintiff and the court on notice of the defense, either by referencing qualified immunity or terms associated with it, such as “clearly established law” or “objectively unreasonable … In other words, Officer Pierce argued that his actions were reasonable based on “well established” law on probable cause, invoking qualified immunity.

S&M Brands Inc v. Cooper

Court of Appeals for the Sixth Circuit · May 13, 2008

Grand Tobacco established a qualified escrow fund account and deposits have been made to that account in Grand Tobacco’s name. … abrogated a State’s immunity.

Bradley Watson v. City of Marysville Ohio

518 F. App'x 390 · Court of Appeals for the Sixth Circuit · Mar 26, 2013

“Qualified immunity is an affirmative defense that shields government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … Watson offers no sustained argument regarding the defense of qualified immunity.

Monks v. Marlinga

923 F.2d 423 · Court of Appeals for the Sixth Circuit · Feb 6, 1991

Because we so hold, examination of the qualified immunity issue is unnecessary. 11 The Balkwills also challenge the district court's dismissal of their state law slander claim. In Carnegie-Mellon v. … Marlinga's deposition, and they clearly failed to make the kind of showing required by Rule 56(f). See Emmons v.

New Heights Farm I, LLC v. Great Am. Ins. Co.

119 F.4th 455 · Court of Appeals for the Sixth Circuit · Oct 15, 2024

There, as here, that reality established “compelling evidence that [the employee] agreed to arbitrate arbitrability.” Id. at 845. Nor does United States ex rel. Dorsa v. … The upshot: The Corporation waives its sovereign immunity only if it or an approved insurer denies an insured party’s claim. The Corporation has not waived its immunity.

Kelly Dillery, Plaintiff-Appellee/cross-Appellant v. City of Sandusky, Defendants-Appellants/cross-Appellees. Kelly Dillery v. City of Sandusky

398 F.3d 562 · Court of Appeals for the Sixth Circuit · Feb 18, 2005

To make out a prima facie case under Title II of the ADA, a plaintiff must establish that “(1) she has a disability; (2) she is otherwise qualified; and (3) she is being excluded from participation in, being denied the benefits … immunity for her actions; and (7) the defendants are entitled to immunity under Ohio law.

George T. Lee v. Western Reserve Psychiatric Habilitation Center and David A. Sorensen

747 F.2d 1062 · Court of Appeals for the Sixth Circuit · Nov 6, 1984

Richardson, 403 U.S. 365 , 91 S.Ct. 1848 , 29 L.Ed.2d 534 (1971) (State officials were prohibited from denying welfare benefits to otherwise qualified recipients who were aliens); Goldberg v. … Like the complainant in Logan , the plaintiff in the case at bar has challenged actions which were done pursuant to established state procedure.

Carmen Amis v. James Twardesky

637 F. App'x 859 · Court of Appeals for the Sixth Circuit · Dec 11, 2015

An officer “is entitled to qualified immunity if he or she could reasonably (even if erroneously) have believed that the arrest was lawful, in light of clearly established law and the information possessed at the time by … These circumstances remove the case from the clearly established rule and preserve defendants’ qualified immunity.

Kimberly Schulz v. David Gendregske

544 F. App'x 620 · Court of Appeals for the Sixth Circuit · Nov 5, 2013

“Determinations of qualified immunity require us to answer two questions: first, whether the officer violated a constitutional right; and second, whether that right was clearly established in light of the specific context … As noted above, “qualified immunity shields government officials performing discretionary functions from liability insofar as their conduct does not violate clearly established statutory or constitutional rights of which

Robert Krutko v. Franklin County, Ohio

559 F. App'x 509 · Court of Appeals for the Sixth Circuit · May 15, 2014

Qualified Immunity In determining the Deputies’ entitlement to qualified immunity, we ask if the facts, viewed in the light most favorable to Krutko, show the violation of a clearly established 1 … Krutko argues that the Deputies violated his clearly established constitutional rights by being deliberately indifferent to his conditions of confinement.

Dr. Alexander v. Spaeth v. United States

232 F.2d 776 · Court of Appeals for the Sixth Circuit · May 1, 1956

United States, 323 U.S. 606 , 65 S.Ct. 548 , 89 L.Ed. 495 , to the effect that, in prosecutions for perjury, the uncorroborated testimony of one witness is insufficient to establish the falsity of the testimony of the accused … United States, 6 Cir., 2 F.2d 644, 647 , was directly in point and clearly compelled reversal of the judgment of the district court in the Sandroff case and remand of the case for a new trial.

Eric Hermansen v. LaDonna Thompson

678 F. App'x 321 · Court of Appeals for the Sixth Circuit · Feb 1, 2017

Qualified immunity shields government officials from liability for civil damages if their actions did not violate clearly established statutory or constitutional rights of which a reasonable person would have known. … Where a plaintiff has failed to overcome qualified immunity for lack of a showing that defendant’s conduct was in obvious violation of clearly established law, the record can hardly be deemed to nonetheless meet the requisite

Mixon v. Ohio

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

We believe H.B. 269 establishes a rational school system that relates to the legitimate state interest of improving public schools. … Ohio only allows a waiver of sovereign immunity by its legislature or its courts.