Case law
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Leonid Marmelshtein v. City of Southfield
421 F. App'x 596 · Court of Appeals for the Sixth Circuit · May 3, 2011
Defendants next argue that their use of flash-bang grenades was reasonable and did not violate a clearly established right. … Plaintiffs’ right not to endure flash-bang grenades, under these circumstances, was not clearly established.
Cited 3 timesUnpublished150 F. App'x 533 · Court of Appeals for the Sixth Circuit · Oct 19, 2005
immunity, determine whether the right was clearly established with sufficient specificity prior to the violation. … clearly established statutory or constitutional rights of which a reasonable person would have known.”
Cited 4 timesUnpublishedMimi Lee v. City of Norwalk, Ohio
529 F. App'x 778 · Court of Appeals for the Sixth Circuit · Jul 12, 2013
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 … We emphasized in Fettes that there is no clearly established “constitutional requirement obligating officers to stop and investigate each and every utterance of discomfort.” Id.
Cited 17 timesUnpublished555 F. App'x 550 · Court of Appeals for the Sixth Circuit · Feb 13, 2014
Qualified immunity protects 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 … Because Weber asserted qualified immunity, the burden shifted to the plaintiff, Brown, to demonstrate that he is not entitled to qualified immunity by alleging facts sufficient to show that Weber’s act violated clearly
Cited 4 timesUnpublished540 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.
Cited 113 timesPublished940 F.2d 661 · Court of Appeals for the Sixth Circuit · Jul 26, 1991
The district court also found that Doyle was entitled to qualified immunity because his actions were objectively reasonable under clearly established law, relying on Michigan v. Summers, 452 U.S. 692 (1981). … Police officers are ordinarily entitled to qualified immunity if "their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Harlow v.
Cited 4 timesUnpublishedCourt of Appeals for the Sixth Circuit · Apr 16, 2004
Qualified immunity and municipal liability First, [an official] must single out a person belonging to Harajli also challenges the district court’s determination an identifiable group, such as those of a particular … race or that the defendant officers are entitled to qualified immunity religion, or a group exercising constitutional rights, for and that Huron Township is not liable for the actions of the prosecution even
Cited 0 timesPublished185 F.3d 548 · Court of Appeals for the Sixth Circuit · Jul 20, 1999
The INS bases its argument on the Supremacy Clause and the doctrine of sovereign immunity. … Thus, according to the INS’s interpretation of § 1101(a)(27)(J), the only aliens capable of qualifying for SIJ status are those who were adjudicated dependent before being apprehended by the INS, or those in INS custody and
Cited 57 timesPublishedJoel Naselroad v. Dennis Mabry
Court of Appeals for the Sixth Circuit · Feb 14, 2019
This judicially established immunity “protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … This is so because, first, Naselroad enjoyed a clearly established right not to be shot if he did not present a threat sufficient to justify the use of deadly force. King v.
Cited 0 timesUnpublishedPrater 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
Cited 10 timesPublishedDonald 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).
Cited 0 timesPublishedDeborah Mulcahey v. Township of Chocolay, Mich.
Court of Appeals for the Sixth Circuit · Jan 8, 2026
To overcome qualified immunity at the Rule 12 stage, a plaintiff must plausibly allege that an official’s acts violated a clearly established constitutional right. Martinez, 142 F.4th at 835. … So, an “official is entitled to qualified immunity from a § 1983 suit if either (1) his conduct did not violate a constitutional right or (2) that right was not clearly established at the time of the conduct.”
Cited 0 timesUnpublishedTexaus Investment Corp. v. Haendiges
761 F.2d 252 · Court of Appeals for the Sixth Circuit · Apr 26, 1985
given situation, a municipality is entitled to sovereign immunity, the Ohio Supreme Court established the following guidelines: 13 1. … In the instant case, Judge Dowd was particularly well qualified to determine whether the Ohio courts would apply the public duty doctrine.
Cited 1 timesPublished543 F. App'x 503 · Court of Appeals for the Sixth Circuit · Oct 17, 2013
a constitutional violation and whether the constitutional right at issue was “clearly established” at the time of the incident. … the defense qualified immunity.
Cited 3 timesUnpublishedAlex LeFever v. James Ferguson
645 F. App'x 438 · Court of Appeals for the Sixth Circuit · Apr 15, 2016
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. … Police officers and forensic investigators are entitled to qualified immunity from money damages if their constitutional duties were not “clearly established” at the time of a Brady violation.
Cited 23 timesUnpublished24 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.
Cited 57 timesPublishedUnited States v. City of Detroit
25 F. App'x 384 · Court of Appeals for the Sixth Circuit · Jan 11, 2002
Sovereign Immunity The parties dispute the applicabEty of the waiver of sovereign immunity codified in the Administrative Procedures Act (“APA”), 5 U.S.C. § 702 . … The telephone company refused to cooperate fully because of its concern that a pen register qualified as a wiretap, which would trigger stringent procedural requirements that were not followed.
Cited 0 timesPublished701 F.2d 1181 · Court of Appeals for the Sixth Circuit · Jun 8, 1983
Navarette, 434 U.S. 555 , 98 S.Ct. 855 , 55 L.Ed.2d 24 (1978) (prison administrators entitled to qualified immunity); Imbler v. … Donaldson, 422 U.S. 563 , 95 S.Ct. 2486 , 45 L.Ed.2d 396 (1975) (hospital superintendent entitled to qualified immunity); Wood v.
Cited 0 timesPublishedGerald Cardinal v. Linda Metrish
Court of Appeals for the Sixth Circuit · Apr 24, 2009
To establish the subjective component, the No. 08-1562 Cardinal v. … Plaintiff has not Established a First Amendment Violation.
Cited 0 timesPublishedBernadette 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.
Cited 1 timesUnpublished
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