Case law

Abel v. Harp

278 F. App'x 642 · Court of Appeals for the Sixth Circuit · May 23, 2008

Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … Was the Right Clearly Established?

Veronica McQueen v. Beecher Community Schools

433 F.3d 460 · Court of Appeals for the Sixth Circuit · Jan 5, 2006

The district court held that Hughes is protected by qualified immunity- Respondeat superior is not a proper basis for liability under § 1983. Leary v. Daeschner, 349 F.3d 888, 903 (6th Cir.2003); Bellamy v. … Because Hughes did not violate Doe’s constitutional rights, "there is no necessity for further inquiries concerning qualified immunity.” Saucier v. Katz, 533 U.S. 194 , 201, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001). 10 .

Zihra Saad v. City of Dearborn Heights

546 F. App'x 552 · Court of Appeals for the Sixth Circuit · Nov 25, 2013

The facts as alleged must show that the defendant violated a constitutional right and that the right was clearly established. Saucier v. Katz, 533 U.S. 194, 201(2001); Pearson v. … A right is clearly established when “it would be clear to a reasonable officer that his conduct was unlawful in the situation he confronted.” Saucier, 533 U.S. at 202.

Terry McDowell Individually and in His Capacity as of the Last Will of Sharon Sidovar v. John Raymond Krawchison Winton Road Chiropractic Center, Inc.

125 F.3d 954 · Court of Appeals for the Sixth Circuit · Sep 17, 1997

COBRA clearly places . the burden of providing notice on the “administrator.” … A simple reading of the statute shows that the defendants are clearly mistaken.

Jones v. Robinson

37 F. App'x 761 · Court of Appeals for the Sixth Circuit · Jun 17, 2002

Following the close of the discovery period established by the district court, the parties filed cross motions for summary judgment. … Moreover, the district court correctly concluded that defendant is entitled to qualified immunity from suit for damages in any event. Finally, plaintiffs claims regarding discovery lack merit.

United States v. Paul Lochmondy (88-2049) Charles Ludlow (88-2134)

890 F.2d 817 · Court of Appeals for the Sixth Circuit · Nov 28, 1989

Plantefaber’s immunity agreement did not expressly give him immunity for federal tax violations, but arguably implied that he had immunity for criminal tax violations in that it expressly stated he did not have immunity for … The defendants argued that since Plantefaber’s immunity agreement included immunity from criminal tax violations, they should be allowed to view his income tax returns in order to see what he had been given immunity from.

Williams v. Stark County Board of County Commissioners

7 F. App'x 441 · Court of Appeals for the Sixth Circuit · Mar 23, 2001

Finding that Plaintiff failed to establish that she was a qualified individual with a disability under the ADA, the district court granted Defendant’s motion and denied Plaintiffs. … Therefore, relying on the ADA regulations, the court did not treat the plaintiff as a qualified individual with a disability. Id. at 802 .

Texaus Investment Corp., N.V. v. Haendiges

761 F.2d 252 · Court of Appeals for the Sixth Circuit · Apr 26, 1985

To determine whether, in a given situation, a municipality is entitled to sovereign immunity, the Ohio Supreme Court established the following guidelines: 1. … In the instant case, Judge Dowd was particularly well qualified to determine whether the Ohio courts would apply the public duty doctrine.

Dixie Webb v. Kentucky State University

468 F. App'x 515 · Court of Appeals for the Sixth Circuit · Mar 14, 2012

Qualified immunity shields government officials performing discretionary functions “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … Although Defendants’ generic assertion of qualified immunity would have been enough to assert the defense as to the First Amendment retaliation claim, before the district court, Defendants only argued qualified immunity

Marvin Seales v. City of Detroit

959 F.3d 235 · Court of Appeals for the Sixth Circuit · May 13, 2020

The downside is that it offers two chances to miss, particularly if a State does not offer independent grounds for relief delinked from federal constitutional law and federal qualified immunity law. See Aaron L. … Walker, Qualified Immunity & Federalism, 108 Geo. L. J. (forthcoming 2020). Here, Michigan law does not support the claims.

Wendrow v. Michigan Department of Human Services

534 F. App'x 516 · Court of Appeals for the Sixth Circuit · Aug 28, 2013

of clearly established law.” … The defendant has the burden of establishing that she is entitled to immunity. Id. at 61.

Joseph Rowlery, Jr. v. Genesee County

641 F. App'x 471 · Court of Appeals for the Sixth Circuit · Feb 8, 2016

The deputies moved for summary judgment on the basis of qualified immunity, contending that a video of the incident that occurred at the jail on December 3, 2010 established that they had not violated Rowlery’s clearly established … The district court concluded that the deputies violated Rowlery’s clearly established rights in part because unconstitutionality of punching a detainee “once he has already been subdued” was clearly established on December

Daryl Sampson v. Village of Mackinaw City

685 F. App'x 407 · Court of Appeals for the Sixth Circuit · Apr 6, 2017

Qualified immunity shields government officials from standing trial for civil liability in their performance of discretionary functions unless their actions violate clearly established rights. Mullenix v. … Also, upon finding that the detective had probable cause, we passed on the question of qualified immunity, concluding that the “[d]efendants have no need for a qualified immunity defense.” Id. at 374.

Bernadette Rolen v. City of Cleveland

657 F. App'x 353 · Court of Appeals for the Sixth Circuit · Jul 25, 2016

clearly established law even assuming everything alleged is true.” … See al-Kidd, 563 U.S. at 735 (explaining that qualified immunity is based on whether an official violated a constitutional right and whether that right was clearly established); Tripp v. Dep’t of Def., 173 F.

Landon Harrod v. Kenya Lee

Court of Appeals for the Sixth Circuit · Dec 13, 2024

Lee In view of this caselaw, Harrod’s right to be free from handcuffs was not clearly established, and qualified immunity shields Officer Lee. … We start and end with the “clearly established” prong of qualified immunity. Cunningham v. Blackwell, 41 F.4th 530, 536 (6th Cir. 2022).

Alex LeFever v. James Ferguson

645 F. App'x 438 · Court of Appeals for the Sixth Circuit · Apr 15, 2016

Third, it granted qualified immunity to Ferguson and Dr. Raker on Virginia’s Brady claims, finding neither had a clearly established duty to disclose the evidence Virginia claims to have been exculpatory or impeaching. … The district court used the clearly-established prong to determine that Ferguson and Dr. Raker enjoyed qualified immunity. By contrast, we determine that neither Ferguson nor Dr.

Plinton v. County of Summit

540 F.3d 459 · Court of Appeals for the Sixth Circuit · Sep 2, 2008

Established in 1991, the SCDU was a multi-jurisdictional unit designed to combat drug trafficking in Summit County, Ohio, where the University is located. Lavery worked in the SCDU full time dealing with drug cases. … Id. at 5 (decision of immunity for Lavery). The liability phase of the trial for the remaining claims is currently scheduled for April 2009.

prod.liab.rep. (Cch) P 13,882 James P. Conde Rhonda L. Conde James R. Conde Autumn Conde and Kimberly Conde v. Velsicol Chemical Corporation

24 F.3d 809 · Court of Appeals for the Sixth Circuit · May 16, 1994

McConna-chie relied on the results of “immune system panels,” which exhibited what he characterized as “abnormalities” in the functioning of the Condes’ immune systems. However, Dr. … Simon qualified this statement by admitting that common illnesses, in addition to some over-the-counter medications, can also elevate liver enzymes. Id. at 1002 . Dr.

Prater v. Hite Preparation Co.

829 F.2d 1363 · Court of Appeals for the Sixth Circuit · Sep 22, 1987

The court did not declare that the first, qualifying study (later contradicted by other non-qualifying studies) actually established the presumption; rather, that evidence together with qualifying x-ray evidence established … We hold that this decision is supported by substantial evidence because there were two non-qualifying blood gas studies in the record, and the qualifying study was preceded only days before by a study producing clearly non-qualifying

Donald Freed v. Michelle Thomas

Court of Appeals for the Sixth Circuit · May 12, 2025

We also determined that the county was not immune from judgment but dismissed the claims against Thomas as barred by qualified immunity. Id. at 660, 661. C. … Plus, it is well-established that court costs “have traditionally been awarded without regard for the States’ Eleventh Amendment immunity.” Hutto v. Finney, 437 U.S. 678, 695 (1978).