Case law

Paul Dickson v. Joseph A. Califano, Jr., Successor to David Mathews, Secretary of Health, Education and Welfare

590 F.2d 616 · Court of Appeals for the Sixth Circuit · Feb 15, 1979

On the face of the matter, of course, these provisions appear to support appellant’s claim that if appellant presents a single X-ray which is read by qualified medical authority as establishing the existence of pneumoconiosis … Both found that it established the existence of pneumoconiosis which qualified under the standards of 20 C.F.R. § 410.428 (1978). One of these physicians, Dr. Straughn, was a Certified Reader of Coal Miners’ X-rays.

League of Women Voters of Ohio v. Brunner

548 F.3d 463 · Court of Appeals for the Sixth Circuit · Nov 26, 2008

Therefore, the Eleventh Amendment offers no immunity to the defendants. 16 IV. … The district court wrote: This court remains confident its December 2nd Order follows naturally from established precedent....

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.

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.

Hamby v. Neel

368 F.3d 549 · Court of Appeals for the Sixth Circuit · May 17, 2004

The TennCare Bureau later sent Ooten written notice, dated July 23,1998, which provided in part: THIS IS WHO IN YOUR FAMILY DOES NOT QUALIFY AND WHY WE THINK THEY DO NOT QUALIFY: Betty S. … Since Medicaid is a program established by Title XIX of the Social Security Act, 42 U.S.C. § 1396 , et seq., we find that Plaintiffs likewise have a property interest in the TennCare coverage for which they hope to qualify

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. 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.

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 .

Nancy Hooks v. City of Warren, Mich.

Court of Appeals for the Sixth Circuit · May 30, 2025

To overcome a qualified-immunity defense, the plaintiff must demonstrate that (1) the facts, taken in the light most favorable to her, show that an officer violated her constitutional right, and (2) the right was clearly … This strips us of jurisdiction to review the denial of qualified immunity for the excessive-force claim.

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.

In Re Custodian of Records of Variety Distributing, Inc. United States

927 F.2d 244 · Court of Appeals for the Sixth Circuit · Feb 26, 1991

According to the Court, although elements of compulsion may clearly be present in the production of records, the more difficult issues are whether the tacit averments inherent in the act of production are "testimonial" and … in the absence of a formal grant of use immunity by the Department of Justice under 18 U.S.C.

Johnson v. City of Memphis

617 F.3d 864 · Court of Appeals for the Sixth Circuit · Aug 24, 2010

Tennessee courts will not find a waiver of sovereign immunity “unless there is a statute clearly and unmistakably 2 We specifically acknowledge the importance in these situations of the information … The TGTLA removes immunity for “injury proximately caused by a negligent act or omission of any employee within the scope of his employment,” but provides a list of exceptions to this removal of immunity. Tenn.

Gordon v. City of Warren

579 F.2d 386 · Court of Appeals for the Sixth Circuit · Jun 26, 1978

This pleading also relied on qualified immunity of the individual defendants, stating that they acted in their official capacities, in good faith and without ill-will or malice. … The claims against individual defendants under 42 U.S.C. § 1983 and § 1985 may be subject to dismissal by summary judgment upon further development of the defense of qualified immunity. See Hanna v. Drob-nick, supra.

Kinkus v. Village of Yorkville

289 F. App'x 86 · Court of Appeals for the Sixth Circuit · Aug 13, 2008

We analyze claims of qualified immunity using a three-part test, which requires us to determine: (1) whether a constitutional right was violated; (2) whether that right was clearly established and one of which a reasonable … Katz, 533 U.S. 194 , 201, 121 S.Ct. 2151 (“If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.”). C.

West v. Duncan

76 F. App'x 686 · Court of Appeals for the Sixth Circuit · Sep 24, 2003

Having found that no constitutional violation occurred, the district court did not reach the issue of the officers’ qualified immunity. … Once again, the plaintiffs’ conclusory arguments here that “lying about how an officer came to make a vehicle stop” would either defeat a claim of qualified immunity or create an issue of material fact are insufficient to

Brian J. Bender and James W. Rafferty v. Hecht's Department Stores, a Division of May Enterprises

455 F.3d 612 · Court of Appeals for the Sixth Circuit · Aug 1, 2006

Fairbanks North Star Borough School Dist., 323 F.3d 1185, 1194 (C.A.9 2003) (holding that qualifications evidence standing alone may establish pretext where the plaintiffs qualifications are “ ‘clearly superi- or’ ” to those … that [the plaintiff] was vastly — or even clearly — more qualified for the subject job.”

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.

Latrent Redrick v. City of Akron, Ohio

Court of Appeals for the Sixth Circuit · Nov 15, 2021

Qualified Immunity Qualified immunity is available to public officials “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … Gregory, 3 F.4th 844, 860 (6th Cir. 2021) (“But in this case, our federal qualified immunity analysis turns on the ‘clearly established’ prong.

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.

Dennis Brenay, Sr. v. Michael Schartow

709 F. App'x 331 · Court of Appeals for the Sixth Circuit · Sep 12, 2017

Government officials are entitled to qualified immunity unless “existing precedent ... placed the statutory or constitutional question beyond debate.” … the officers did acts which violate clearly established rights.”).