Case law

Koulta v. Merciez

477 F.3d 442 · Court of Appeals for the Sixth Circuit · Feb 26, 2007

of substantive-due-process liability and that the claimant's constitutional rights were clearly established. … II. 10 Qualified immunity shields police officers from claims of this sort unless (1) they violated a "constitutional right" that (2) "was clearly established." Saucier v.

Jason Lynott v. Bill Story, Warden Federal Correctional Institution, Ashland, Kentucky

929 F.2d 228 · Court of Appeals for the Sixth Circuit · Mar 26, 1991

Furthermore, petitioner has failed to establish that any such evidence would have affected the Parole Commission’s decision to revoke his parole. … However, the Commission Guidelines clearly state that petitioner must affirmatively show “good cause” why such witnesses would not voluntarily appear, a requirement which petitioner never attempted to satisfy. 3 It is clear

David Pickelhaupt v. Andrew Jackson

364 F. App'x 221 · Court of Appeals for the Sixth Circuit · Feb 4, 2010

Qualified Immunity Government officials acting within the scope of their authority are entitled to immunity from suit unless their conduct violates the plaintiff’s clearly-established constitutional rights. … Qualified immunity involves a two-step analysis: First, the court asks whether the official’s conduct violated a constitutional right, and if so, the question becomes whether that right was “clearly established” at the

Latits Ex Rel. Estate of Latits v. Phillips

573 F. App'x 562 · Court of Appeals for the Sixth Circuit · Aug 13, 2014

Phillips Whether Officer Phillips is entitled to qualified immunity on these facts turns on the objective legal reasonableness of his discretionary conduct in light of clearly established law. See Harlow v. … Phillips that, under the facts alleged by the plaintiff, he did not violate the deceased’s Fourth Amendment rights or that he is entitled to qualified immunity due to a lack of clearly established law.

Lawler v. City of Taylor

268 F. App'x 384 · Court of Appeals for the Sixth Circuit · Mar 5, 2008

City of Taylor reasonably perceived—violated the individual’s clearly established rights. Id. at 302. … Because our cases clearly established Lawler’s right to be free from gratuitous force during booking, see Phelps, 286 F.3d at 302, the district court properly denied Toro qualified immunity.

Mills v. Killebrew

765 F.2d 69 · Court of Appeals for the Sixth Circuit · Jun 11, 1985

VI, § 5 provides in part that “the [Michigan] Supreme Court shall by general rules establish, modify, amend and simplify the practice and procedure in all courts of [Michigan].” … As was just discussed, no clearly valid statute or case law would apprise the mediators of their alleged lack of jurisdiction.

United States v. Donald James Touchstone Charles D. Godwin

726 F.2d 1116 · Court of Appeals for the Sixth Circuit · Mar 22, 1984

Because the trial court’s finding is supported by the testimony of two police witnesses, we decline to find the ruling “clearly erroneous.” II. … Defendant’s briefs assert that the immunity received was “transactional immunity” — i.e. absolute immunity concerning the two murders. The government argues that Marshall received only “use immunity” — i.e.

Children's Healthcare is Legal Duty, Inc. v. Deters

92 F.3d 1412 · Court of Appeals for the Sixth Circuit · Sep 20, 1996

Plaintiffs contend that these provisions violate the Establishment Clause of the First Amendment, 4 which the Supreme Court since Everson v. … Clearly, when viewed in context, the language the district court took from O'Shea 3 does not support the court's conclusion.

Robert Todd v. Weltman, Weinberg & Reis Co., L.P.A., Mark N. Wiseman

434 F.3d 432 · Court of Appeals for the Sixth Circuit · Jan 13, 2006

In reaching its decision, the Court recited the history of the long-established rule that private witnesses were absolutely immune from damages liability for their testimony in judicial proceedings. … Congressional Intent Both Plaintiff and Defendant agree that Congress did not intend to abrogate the well-established absolute immunity of a witness when it enacted the FDCPA.

Metz v. Supreme Court

46 F. App'x 228 · Court of Appeals for the Sixth Circuit · Aug 19, 2002

However, even if Plaintiff were able to establish an injury-in-fact and that his presumed injury were “fairly traceable” to the challenged action in this case, he cannot establish that there is a substantial likelihood that … The instant case is clearly distinguishable from Loya , since the Supreme Court of Ohio’s rule of practice is simply not comparable to the local rule in that case.

American Premier Underwriters, Inc. v. National Railroad Passenger Corp.

709 F.3d 584 · Court of Appeals for the Sixth Circuit · Mar 5, 2013

Page 11 1942), establishes stock redemption as a “traditional right” that “matures into an enforceable right when the conditions specified materialize.” … Section 415(b) clearly limits the government’s discretion and thereby creates a protected property interest.

Lundy v. Amer Cyanamid Co

Court of Appeals for the Sixth Circuit · Dec 3, 2003

Derived from a dead polio immunized. … expected long lasting immunity, and the production of bowel 1986). Under Ohio law, the manufacturer of a prescription immunity.” E.O.

Anthony Castelvetere v. Phil Messer

611 F. App'x 250 · Court of Appeals for the Sixth Circuit · Apr 28, 2015

Regardless, we agree with the district court that Messer is entitled to qualified immunity. … 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 a reasonable person

Keith Sigler v. City of Englewood

424 F. App'x 449 · Court of Appeals for the Sixth Circuit · May 20, 2011

The district court also concluded that Sigler’s right of marital association was clearly established law. Accordingly, defendants were not entitled to qualified immunity. … Qualified immunity then excuses that violation if the right was not “clearly established law” such that the defendant should have known of it.

Fletcher Altman Smith, and Marguerite Elizabeth Smith v. Don Heath, and Jack Rohtert

691 F.2d 220 · Court of Appeals for the Sixth Circuit · Sep 29, 1982

With respect to defendant’s claim of qualified immunity, the district judge made a specific finding that the officers involved *226 knew their actions to be improper; that they were not performing routine or normal police … “good faith” immunity.

Danny Brown v. United States

545 F. App'x 435 · Court of Appeals for the Sixth Circuit · Nov 4, 2013

alleging facts sufficient to show that the official's act violated clearly established law at the time that it was committed. … ) whether that right was clearly established.

Ronald Loschiavo and Donna Loschiavo v. City of Dearborn

33 F.3d 548 · Court of Appeals for the Sixth Circuit · Sep 8, 1994

Section 1983 creates a cause of action against any person who, acting under color of state law, abridges “rights, privileges, or immunities secured by the Constitution and laws” of the United States. 42 U.S.C. § 1983 . … We consider, finally, the third prong of the analytical framework established in Wilder .

Knott v. Sullivan

Court of Appeals for the Sixth Circuit · Aug 9, 2005

Invalidity of Warrant Clearly Established Under the doctrine of qualified immunity, “‘government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their … was not clearly established at the time the Defendants searched Knott’s vehicle.

Greene v. Bowles

Court of Appeals for the Sixth Circuit · Mar 16, 2004

No. 02-3626 beat Greene with a mop handle and then struck her with a denial of summary judgment based on qualified immunity, fifty-pound fire extinguisher. … immunity.

Fligiel v. Samson

Court of Appeals for the Sixth Circuit · Nov 10, 2005

Lucas, 462 U.S. 367 (1983), and that the claims were barred on both sovereign and qualified immunity grounds. … of Samson, Garthwaite, and West, and the qualified immunity of Samson.