Case law

Delrico Oliver v. Karl Greene

613 F. App'x 455 · Court of Appeals for the Sixth Circuit · May 27, 2015

See Roberson, 770 F.3d at 405 (“We have jurisdiction over this question on interlocutory review because it asks whether the facts, as alleged, indicate a violation of clearly established law, such that the denial of qualified … Alternatively, Greene argues that he was entitled to qualified immunity even accepting Oliver’s version of events.

Fatima Vangel v. Nicholas Szopko

672 F. App'x 543 · Court of Appeals for the Sixth Circuit · Nov 30, 2016

To overcome qualified immunity, Fatima must make two showings: first, that the Officers’ conduct violated a constitutional right; second, that the right was clearly established at the time of the violation. Pearson v. … Even if the Officers erred in balancing these interests, we cannot say that their error was objectively unreasonable under clearly established law. We hold that the Officers are entitled to qualified immunity.

Dorothy Kovacevich v. Kent State University

224 F.3d 806 · Court of Appeals for the Sixth Circuit · Aug 25, 2000

The Timmer Court held that Congress clearly expressed its intent to abrogate state sovereign immunity under the EPA. See 104 F.3d at 837-38 . … Avery Dennison Corporation, 104 F.3d 858 , 862 (6th Cir.1997), clearly establishes that, after a trial on the merits, a reviewing court should not focus on the elements of the prima facie case but should assess the ultimate

Krause v. Rhodes

471 F.2d 430 · Court of Appeals for the Sixth Circuit · Nov 17, 1972

Supreme Court held: “That a state may not be sued without its consent is a fundamental rule of jurisprudence having so important a bearing upon the construction of the Constitution of the United States that it has become established … had legislative immunity; and the grand jurors had judicial immunity.

Dennis Dubuc v. Michigan Board of Law Examiners, George Googasian, State Bar of Michigan, and John Berry

342 F.3d 610 · Court of Appeals for the Sixth Circuit · Sep 3, 2003

The prayer for injunctive relief — that state officials be restrained from enforcing an order in contravention of controlling federal law — clearly satisfies our ‘straightforward inquiry.’ ”); see also Roe # 2 v. … In Coeur d’Alene, an Indian tribe sought a declaratory judgment establishing its rights to quiet enjoyment over the submerged lands of Lake Coeur d’Alene, as well as prospective injunctive relief against numerous Idaho state

Miami University Associated Student Government v. Shriver

735 F.2d 201 · Court of Appeals for the Sixth Circuit · May 31, 1984

Our own analysis of Pennhurst suggests that it may not provide the Board of Trustees with immunity. … State officials are not entitled to eleventh amendment immunity if they are acting ultra vires, that is without proper authority.

Phinus Brewer v. American National Insurance Company, Richard A. Cohen and E. E. "Johnny" Johnson

636 F.2d 150 · Court of Appeals for the Sixth Circuit · Dec 16, 1980

The Kentucky court did not go so far as to hold that all communications within the corporation were immune from defamation claims. … Kentucky is, of course, free to hold otherwise, but on the basis of the scant state law available, this Court concludes that the evidence sufficiently established the statements were published, though subject to a qualified

Carol Stefan v. Ed Olson

497 F. App'x 568 · Court of Appeals for the Sixth Circuit · Aug 31, 2012

Olson qualified immunity. … Furthermore, Reid’s right to protection from that risk was clearly established.

Chris Neal v. W. Melton

453 F. App'x 572 · Court of Appeals for the Sixth Circuit · Jun 28, 2011

When the law is not sufficiently clear such that a reasonable officer would be on notice that his conduct is clearly unlawful, qualified immunity is appropriate. Id. at 202, 121 S.Ct. 2151 . 5 1. … Plaintiffs fail to establish a constitutional violation and, thus, we need not address whether Defendants are in need of qualified immunity. Marvin, 509 F.3d at 244 . *581 3.

Banks v. Berger

44 F. App'x 680 · Court of Appeals for the Sixth Circuit · Aug 6, 2002

The court declined to rule on Defendants’ assertion that they are entitled to qualified immunity from the retaliation claim. … The court granted summary judgment to the Defendants named in Banks’s state law retaliation claim based on state law immunities.

Suzanne Fligiel, M.D. v. Michael K. Samson, M.D. Anthony J. Principi, in His Capacity as Secretary, Department of Veterans Affairs

428 F.3d 621 · Court of Appeals for the Sixth Circuit · Nov 10, 2005

Lucas, 462 U.S. 367 , 103 S.Ct. 2404 , 76 L.Ed.2d 648 (1983), and that the claims were barred on both sovereign and qualified immunity grounds. … of Samson, Garth-waite, and West, and the qualified immunity of Samson.

Terry F. Browder v. Ronald D. Tipton

630 F.2d 1149 · Court of Appeals for the Sixth Circuit · Sep 30, 1980

Section 1985(3) clearly does not reach all torts or equal protection violations measured by the rationality test. … more persons conspire to prevent by force, intimidation, or threat, any citizen who is lawfully entitled to vote, from giving his support or advocacy in a legal manner, toward or in favor of the election of any lawfully qualified

John Whyde, Jr. v. Paul Sigsworth

Court of Appeals for the Sixth Circuit · Nov 8, 2024

And to overcome qualified immunity, Whyde must show that officials violated law that was clearly established at the time of the alleged misconduct. Lawler, 93 F.4th at 926. … At a minimum, Officer Kerr is entitled to qualified immunity, since it was far from clearly established that his use of force was excessive.

Kent County Sheriff's Ass'n v. County of Kent

826 F.2d 1485 · Court of Appeals for the Sixth Circuit · Aug 13, 1987

was no opening in the road patrol to which she was qualified to transfer. … Although the meaning of the phrase "clearly erroneous” is not immediately apparent, ...

Koulta v. Center Line

477 F.3d 442 · Court of Appeals for the Sixth Circuit · Feb 26, 2007

of substantive-due-process liability and that the claimant’s constitutional rights were clearly established. … Qualified immunity shields police officers from claims of this sort unless (1) they violated a “constitutional right” that (2) “was clearly established.” Saucier v. Katz, 533 U.S. 194, 201 (2001).

Hughes v. Gulf Interstate Field Services, Inc.

878 F.3d 183 · Court of Appeals for the Sixth Circuit · Dec 19, 2017

The text of § 541.602(a) does not tell us what to do when an employee’s salary is not clearly calculated “on a weekly, or less frequent basis.” … Indeed, the Second Circuit in Anani, which Gulf Interstate itself points us to, clearly read § 541.602(a) as requiring such a guarantee.

Melissa Yatsko v. Dean Graziolli

Court of Appeals for the Sixth Circuit · Dec 6, 2021

Once Graziolli raised qualified immunity, Yatsko bore the burden of showing both that Graziolli’s conduct violated the Constitution and that the violation was clearly established. … the violation at issue was clearly established.

Charles C. Smith v. Robert A. Myers, Larry Faith and Richland County, Ohio

65 F.3d 169 · Court of Appeals for the Sixth Circuit · Sep 1, 1995

version of the facts shows that Faith violated a clearly established federal right. … In this regard, we have said that the key inquiry upon a motion for summary judgment based on qualified immunity is "whether the defendant's alleged conduct violated clearly established [federal] statutory or constitutional

Riverview Investments, Inc. v. Ottawa Community Improvement Corporation

899 F.2d 474 · Court of Appeals for the Sixth Circuit · May 10, 1990

Upon review of the record and consideration of the relevant precedents, we agree with the District Court. 20 Hallie held that a municipality is subject to state action immunity if it acts pursuant to a clearly articulated … Appellees do not challenge this finding, and it is not clearly erroneous.

Thacker v. Lawrence County

182 F. App'x 464 · Court of Appeals for the Sixth Circuit · May 17, 2006

the allegations in a light most favorable to the party injured, a constitutional right has been violated, and (2) whether that right was clearly established.” … It therefore held that they were entitled to qualified immunity.