Case law

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.

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.

Futernick v. Sumpter Township

78 F.3d 1051 · Court of Appeals for the Sixth Circuit · Apr 25, 1996

The district court dismissed the claim for money damages against Caterino on grounds of qualified immunity. … Board of Selectmen, 878 F.2d 16 , 20-21 (1st Cir.1989) (individual defendants entitled to qualified immunity); Rubinovitz v.

Dustan Hale v. Boyle Cnty., Ky.

18 F.4th 845 · Court of Appeals for the Sixth Circuit · Nov 18, 2021

has violated a person’s constitutional rights in violation of § 1983, we would ask whether that that right was clearly established. … However, Pennington does not argue qualified immunity.

Lori Mertins v. City of Mount Clemens, Mich.

Court of Appeals for the Sixth Circuit · Mar 18, 2025

When hearing an interlocutory appeal from a denial of qualified immunity, our jurisdiction is limited too. … do they dispute the district court’s key holding that denial of a promotion and discipline for made- up violations infringed Mertins’s clearly established First Amendment rights.

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.

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.

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

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.

Bergman v. United States

844 F.2d 353 · Court of Appeals for the Sixth Circuit · Apr 18, 1988

The general rule is that “[e]xcept to the extent it has waived its immunity, the Government is immune from claims for attorney’s fees.” Ruckelshaus v. … information in order to prove liability. 4 In ordering that the government could not controvert plaintiffs’ evidence or proceed with its defense except on statute of limitations grounds, the court enabled the plaintiffs to establish

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.

Wilson Ex Rel. T.W. v. Martin

549 F. App'x 309 · Court of Appeals for the Sixth Circuit · Oct 8, 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 … A citizen’s right to be free from arrest without probable cause is clearly established. Leonard v. Robinson, 477 F.3d 347, 355 (6th Cir. 2007).

57 soc.sec.rep.ser. 220, Medicare & Medicaid Guide P 46,329 Robert Chambers v. Ohio Department of Human Services

145 F.3d 793 · Court of Appeals for the Sixth Circuit · May 27, 1998

In Brennan , we exercised pendent appellate jurisdiction with respect to the issue of liability in our determination regarding qualified immunity. Id.; but see Williams v. … Kentucky, 24 F.3d 1526, 1542 (6th Cir.1994) (declining to exercise pendent appellate jurisdiction to consider underlying merits of constitutional claim when reviewing issue of qualified immunity).

Steven Scozzari v. City of Clare

597 F. App'x 845 · Court of Appeals for the Sixth Circuit · Jan 15, 2015

Defendants also argued they were entitled to qualified immunity because the evidence submitted at trial could not support a finding of the deprivation of a clearly established constitutional right. PID 2158. … Qualified Immunity Defendants assert they did not violate a clearly established right and are therefore entitled to qualified immunity, contending that testimony at trial established that it is standard protocol for emergency

Thomas Noonan v. County of Oakland

683 F. App'x 455 · Court of Appeals for the Sixth Circuit · Mar 24, 2017

To overcome a qualified immunity defense at the summary judgment stage, the plaintiff must show that (1) the defendant violated a constitutional right and (2) that right was clearly established. … right alleged . . . is not clearly established.”

Greyhound Food Management Inc. v. City of Dayton, Federal Ins. Co. v. City of Dayton

852 F.2d 866 · Court of Appeals for the Sixth Circuit · Sep 15, 1988

Batdorf 6 Ohio St.3d 100 , 451 N.E.2d 1185 (1983) (retroactively applying the Ohio comparative negligence law), and argues that if immunities can be abolished retroactively, then they can certainly be established retroactively … Nowhere does it state that the judiciary may not apply laws retroactively, and, as demonstrated above, the Ohio Supreme Court has quite clearly held to the contrary.

James Swart v. Terry Pitcher, Joseph Hosey Sandra Pretzer Dave Bergh Bryan Holman Roger Broadstone Richard Metevia Michael Glowick

9 F.3d 109 · Court of Appeals for the Sixth Circuit · Oct 8, 1993

the facts pleaded would not show that his conduct violated clearly established law of which a reasonable person should have known at the time ... 11 ... … constitute a violation of clearly established law. 12 Id.

Charles Wells, III v. City of Grosse Pointe Farms

581 F. App'x 469 · Court of Appeals for the Sixth Circuit · Aug 4, 2014

plaintiff constitute a violation of clearly established law.” … Does precedent clearly establish this right?

Scottie Pennington v. Bob Terry

644 F. App'x 533 · Court of Appeals for the Sixth Circuit · Mar 23, 2016

Qualified Immunity Qualified immunity shields police officers from civil liability unless the plaintiff can show: (1) the official violated a statutory or constitutional right, and (2) that right was “clearly established” … Even if an officer’s actions amount to unconstitutional excessive force, qualified immunity will still apply if the violated right was not “clearly established.” Harlow v.