Case law

Border v. Trumbull County Board of Commissioners

414 F. App'x 831 · Court of Appeals for the Sixth Circuit · Mar 17, 2011

The defense 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 … defendant violated a constitutional right; and (2) the right was clearly established.’”

Brown v. United States

204 F.2d 247 · Court of Appeals for the Sixth Circuit · May 18, 1953

This action was clearly correct. … The evidence established and the jury found that appellant was the prime mover in this system of extortion. It was carried on at his direction, for his benefit, and for a considerable period of time.

Sarah Curry v. William Cotton

639 F. App'x 325 · Court of Appeals for the Sixth Circuit · Jan 26, 2016

Qualified immunity shields “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 would have … Thus, there are genuine factual disputes that preclude summary judgment on the qualified immunity issue.

American Postal Workers Union v. United States Postal Service

871 F.2d 556 · Court of Appeals for the Sixth Circuit · Mar 27, 1989

The district court further concluded that the individually named defendants were not liable for monetary damages under the affirmative defense of qualified immunity. See, e.g., Anderson v. … immunity under the circumstances presented in this case.

Stringfield v. Graham

212 F. App'x 530 · Court of Appeals for the Sixth Circuit · Jan 8, 2007

The district court dismissed her suit, based on sovereign immunity and qualified immunity. Stringfield appeals. For No. 04-5777 Stringfield v. … “In civil suits for money damages, government officials are entitled to qualified immunity for discretionary acts that do ‘not violate clearly established [federal] statutory or constitutional rights of which a reasonable

Floyd J. Spruytte, Jr. v. Terri Feighner Michael Kosequat

16 F.3d 1221 · Court of Appeals for the Sixth Circuit · Feb 4, 1994

The defendants were sued in their individual and official capacities. 3 The case was referred to a magistrate judge who recommended that summary judgment be granted for the defendants because they were entitled to qualified … immunity.

Katz v. Fidelity National Title Insurance

685 F.3d 588 · Court of Appeals for the Sixth Circuit · Jul 17, 2012

First, the Pireno Court expressly held that no single criterion was determinative in deciding whether a product qualified as the business of insurance. … Under the Pireno test, title insurance qualifies as the business of insurance. Finally, Appellants “misstate Variable Annuity’s holding.

Lawrence v. Welch

Court of Appeals for the Sixth Circuit · Jun 3, 2008

, qualified immunity. … Page 10 hypothetical” and where the plaintiff could not establish a credible fear of enforcement); Pearson v. Leavitt, 189 F. App’x 161, 163 (4th Cir.

Leonard A. Ciak v. City of Louisville, James H. Lasch

47 F.3d 1167 · Court of Appeals for the Sixth Circuit · Jan 9, 1995

Officer Lasch argues he is protected by qualified immunity because Ciak has not established Officer Lasch's conduct violated a clearly established right. 12 This court reviews a district court's qualified immunity holding … Thus, the plaintiff must effectively pass two hurdles when facing a defendant on summary judgment who claims qualified immunity. First, the allegations must "state a claim of violation of clearly established law."

Eileen Burden v. Scott Paul

493 F. App'x 660 · Court of Appeals for the Sixth Circuit · Aug 8, 2012

clearly established statutory or constitutional rights of which a reasonable person would have known.” … Whenan officer raises the defense of qualified immunity, the plaintiff bears the burden of establishing that the officer is not entitled to the defense. Binay, 601 F.3d at 647.

United States v. King

840 F.2d 1276 · Court of Appeals for the Sixth Circuit · Apr 21, 1988

Thus we decline to upset the verdict based on the defendants' argument that the District Court used the wrong definition of "involuntary servitude." 20 The activities of the defendant members of the cult group clearly fall … The framers clearly did intend that parents were entitled to enter into master/apprentice agreements, and agreements analogous to them.

United States v. Patricia Petroff-Kline

Court of Appeals for the Sixth Circuit · Mar 3, 2009

Hence the Declaration was clearly admissible and was properly considered by the district court as part of the Government’s prima facie case. … Under TILA § 1612(b) the Government is immune from any civil or criminal penalties for violations of its provisions. That immunity extends to attempted recoupments such as the one that Petroff-Kline seeks here (FDIC v.

Cate v. City of Rockwood

241 F. App'x 231 · Court of Appeals for the Sixth Circuit · Jun 20, 2007

Qualified Immunity Government officials performing discretionary functions are entitled to qualified immunity from suit for civil damages unless their actions have violated a clearly established statutory or constitutional … established.

Regina Lee Azar v. James R. Conley

456 F.2d 1382 · Court of Appeals for the Sixth Circuit · Feb 22, 1972

Injury to plaintiffs is clearly delineated. … Pape, supra, concluding that proof of specific intent is necessary for establishment of a Section 1985(3) conspiracy.

Smith v. Kent State University

696 F.2d 476 · Court of Appeals for the Sixth Circuit · Jan 10, 1983

Under the facts related, Smith clearly received his full due process rights in the extended proceedings leading to his termination. … Only a few among the Music faculty were qualified to teach this particular course. .

Doe v. Claiborne County ex rel. Claiborne County Board of Education

103 F.3d 495 · Court of Appeals for the Sixth Circuit · Dec 26, 1996

The court preliminarily determined, however, that Doe’s right to be free from sexual abuse at the hands of a public school teacher was clearly established and that the school “had a clearly established duty to a public school … immunity.

United States v. Gene R. "Moon" Mullins

22 F.3d 1365 · Court of Appeals for the Sixth Circuit · May 2, 1994

Here, however, the fact of Garlick’s immunity does not fall within either category. It cannot be said that the mere fact Garlick was given immunity makes it any less likely that Mullins was guilty of the crimes charged. … Accordingly, we hold that the government had no duty to disclose Garlick’s immunity to Mullins.

Mark Huffer v. Mark Bogen

503 F. App'x 455 · Court of Appeals for the Sixth Circuit · Nov 1, 2012

This court summarized the doctrine of qualified immunity in Hoover v. … constitutional right has been violated, and (2) whether that right was clearly established.” We may address these prongs in either order; indeed, either one may be dispositive.

Roden v. Sowders

84 F. App'x 611 · Court of Appeals for the Sixth Circuit · Dec 15, 2003

Additionally, the defendants claimed that they are entitled to qualified *613 immunity. … In order to establish liability pursuant to § 1983, the plaintiff must prove that the defendant, as a supervisory official, is personally responsible for the alleged unconstitutional actions that caused his injury.

Marion Montez, Administratrix of the Estate of Tracy Hearlson v. United States

359 F.3d 392 · Court of Appeals for the Sixth Circuit · Feb 26, 2004

Moreover, the phrases “at such times” and “to the degree necessary” clearly allow prison officials discretion to decide when disciplinary action is necessary. … But Dyks-tra’s complaint was found deficient because it failed to allege facts establishing that prison officials’ decisions regarding these issues were not based on policy considerations. Id. at 796 .