Case law

New Albany Main St. Properties v. Watco Companies, LLC

Court of Appeals for the Sixth Circuit · Jan 14, 2025

But qualified immunity’s legal test incorporates the constitutional merits because it asks whether the law governing a constitutional claim was “clearly established at the time” the defendant acted. … Objectively, state actors cannot invoke qualified immunity if their conduct violated a “clearly established” state-law right (a test that largely mirrors the federal approach to qualified immunity).

Chanada Robinson v. City of Knoxville, Tenn.

Court of Appeals for the Sixth Circuit · Feb 26, 2025

Because no constitutional violation occurred in the arrest of Thompson inside the public-school bathroom, Defendants did not violate Thompson’s clearly established rights and are entitled to qualified immunity on this issue … Officials are entitled to qualified immunity if either (1) “the official’s conduct did not violate a constitutional right” or (2) “that right was not clearly established at the time of the conduct.” Latits v.

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

Charles Kowolonek v. Les Moore

463 F. App'x 531 · Court of Appeals for the Sixth Circuit · Feb 23, 2012

However, we need not reach this question because even if there was a constitutional violation, we find that the officers are nonetheless entitled to qualified immunity because their actions did not violate clearly established … Therefore, we find that even if the officers violated Kowolonek’s constitutional rights, those rights were not clearly established, and thus the officers are entitled to qualified immunity.

Puckett v. Lexington-Fayette Urban County Government

833 F.3d 590 · Court of Appeals for the Sixth Circuit · Aug 15, 2016

It is well established that states “possess[ ] certain immunities from suit in ... federal courts.” Ernst, 427 F.3d at 358 (citations omitted). … when Congress has clearly and expressly abrogated the state’s immunity.

Adrian Energy Associates v. Michigan Public Service Commission, Consumers Energy Company, Intervenor-Defendant

481 F.3d 414 · Court of Appeals for the Sixth Circuit · Feb 26, 2007

As in that case, Michigan “has enacted and is operating its own authorized program” under the Public Utility Regulatory Policies Act and has established a coherent policy under its law concerning regulation of qualifying … As in Coalition for Health Concern , federal review at this juncture would be disruptive of Michigan’s efforts to establish a coherent policy with respect to regulation of qualifying facilities, particularly as the Michigan

S.E. v. Grant County Board of Education

Court of Appeals for the Sixth Circuit · Oct 10, 2008

As noted above, following oral argument, the district court entered a brief order granting all of the individual defendants qualified immunity. … immunity.

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).

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.

Onofre Lopez v. City of Cleveland

625 F. App'x 742 · Court of Appeals for the Sixth Circuit · Sep 4, 2015

established” prong of the qualified-immunity analysis, and Defendants have made no argument regarding that prong on appeal. … Because there are disputes of fact that go directly to that issue, Defendant Officers could not establish that they were entitled to qualified immunity based on the “clearly established” prong. See Tolan, 134 S.

Martin v. Johnson

72 F. App'x 256 · Court of Appeals for the Sixth Circuit · Jul 7, 2003

immunity. … This court has also held that such an allegation is insufficient to establish exhaustion. Jones v. Smith, 266 F.3d 399, 400 (6th Cir.2001).

William Jacob v. Township of West Bloomfield

437 F. App'x 460 · Court of Appeals for the Sixth Circuit · Sep 12, 2011

He alternatively argued that he is entitled to qualified immunity because (1) he did not enter Jacob’s protected curtilage at all; (2) his intrusions, if they did occur, did not violate clearly established law; and (3) … of that area violated clearly established law.

Sally A. Shea v. Commissioner of Internal Revenue

780 F.2d 561 · Court of Appeals for the Sixth Circuit · Jan 8, 1986

Sally Shea was unable to establish these checks were written for business purposes. Petitioner also had a personal checking account in her name. … Therefore, we will accept the Tax Court’s determination unless clearly erroneous.

Roger Lange v. Dan McGinnis

644 F. App'x 672 · Court of Appeals for the Sixth Circuit · Apr 4, 2016

McGinnis is entitled to qualified immunity unless a reasonable jury could find that he violated a constitutional right that was clearly established at the time of his actions. See DiLuzio v. … We skip to the question whether McGinnis’s actions violated any clearly established right.

The Ohio National Life Insurance Company v. United States

922 F.2d 320 · Court of Appeals for the Sixth Circuit · Dec 20, 1990

See, e.g., In re Swine Flu Immunization Prod. Liability Lit, 880 F.2d 1439, 1443 (D.C.Cir.1989); Williamson, 645 F.2d at 412-13 (citations omitted). … The district court also did not clearly err in concluding that the “special handling notice” was not persuasive evidence.

Deborah 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.”

Commonwealth of Kentucky v. Larry A. Long

837 F.2d 727 · Court of Appeals for the Sixth Circuit · Jan 21, 1988

established law. … Accordingly, the reasoning that underlies the immediate appealability of an order denying absolute immunity indicates to us that the denial of qualified immunity should be similarly appealable: in each case, the district

United States v. Cunningham

679 F.3d 355 · Court of Appeals for the Sixth Circuit · May 1, 2012

And he further attempts to immunize his conduct by pointing to the fact that Judge Bamberger signed off on many of the actions that constituted the alleged scheme to defraud. … Page 35 others, but this fact had already been established by the trial testimony of numerous clients.

David Ezell, Ancillary Administrator of the Estate of Billy Don Ezell, Deceased v. Christian County, Kentucky and Chuck Chambers

245 F.3d 853 · Court of Appeals for the Sixth Circuit · Apr 16, 2001

Sovereign Immunity for Christian County The district court granted summary judgment to Christian County on the ground of sovereign immunity. … The statute clearly conveys a purpose: to provide safe roads for motorists and to require the county engineer to implement that intent.

Lawrence Ex Rel. Estate of Hoffman v. Madison County

695 F. App'x 930 · Court of Appeals for the Sixth Circuit · Jun 21, 2017

establish that the requirements for qualified official immunity are satisfied. … Qualified official immunity also does not apply to acts performed in bad faith, which “can be predicated on a violation of a constitutional, statutory, or other clearly established right which a person in the public employee