Case law

Dominique Edgerson v. City of Southfield

529 F. App'x 493 · Court of Appeals for the Sixth Circuit · Jun 25, 2013

, and, if so, (2) whether that right was clearly established.” … entitled to qualified immunity.

Brotherton v. Cleveland

968 F.2d 1214 · Court of Appeals for the Sixth Circuit · Jun 30, 1992

Cleveland should receive qualified immunity because he did not violate clearly-established law. … Cleveland clearly acted in bad faith. 9 We agree with the district court that Dr. Cleveland is entitled to qualified immunity in his personal capacity.

Commodities Export Company v. Detroit International Bridge

695 F.3d 518 · Court of Appeals for the Sixth Circuit · Sep 24, 2012

The Bridge Company was, therefore, “immune from the zoning regulation of the city of Detroit that would preclude construction projects furthering this limited federal purpose.” Ibid. … Lebron, 513 U.S. at 383 (“Congress established Amtrak in order to avert the threatened extinction of passenger trains in the United States.” (emphasis added)).

Daiva Richardson and Ronnie Richardson v. City of South Euclid Arnold C. D'Amico Jack Clifford James Farrell and John Doe

904 F.2d 1050 · Court of Appeals for the Sixth Circuit · Jul 26, 1990

But immunity is another question, a possible defense. The majority does not even attempt to reach any such immunity issues or discuss the rule established by Monell v. … First, while Carey held that damages will not be presumed, it clearly held that if a person can prove actual damages caused by a deprivation of due process, he or she should recover.

Jordan Katz v. Fidelity Nat'l Title Ins.

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.

Estate of Smithers Ex Rel. Norris v. City of Flint

602 F.3d 758 · Court of Appeals for the Sixth Circuit · Apr 21, 2010

A finding that a constitutional violation occurred is required to deny defendants qualified immunity, see Hills v. Kentucky, 457 F.3d 583, 587 (6th Cir. 2006), and to state a claim of municipal liability. See Watkins v. … Thus, we need not reach the issues of qualified immunity or municipal liability.

Matthews v. Pickett County

46 F. App'x 261 · Court of Appeals for the Sixth Circuit · Aug 28, 2002

employee within the scope of the employee’s employment for which the governmental entity is immune in any amount in excess of the amounts established for governmental entities in § 29-20-403 [prescribing the amounts of liability … While it is not unreasonable to view the award caps of § 29-20-403 as somehow operating to “immunize” a governmental entity from paying damages in excess of the caps, that clearly is not the type of immunity contemplated

Provenzano v. LCI Holdings, Inc.

663 F.3d 806 · Court of Appeals for the Sixth Circuit · Dec 15, 2011

Although Brennan is an ADEA case and White is a Title VII case, this Court has clearly rejected the “similarly situated” language in a failure to promote claim in favor of the language established in Nguyen. … In order to accomplish this, LCI must clearly set forth, through the introduction of admissible evidence, the reasons for not promoting Provenzano. Id. at 255.

Wallace Butler, Also Known as Burton Wallace v. Tennessee Bureau of Investigation Fayette County Sheriff's Department

25 F.3d 1047 · Court of Appeals for the Sixth Circuit · May 16, 1994

25 F.3d 1047 NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished … Claims that lack an arguable basis in law include claims for which the defendants are clearly entitled to immunity and claims of infringement of a legal interest which clearly does not exist.

Richard Bichler v. Union Bank and Trust Company of Grand Rapids

745 F.2d 1006 · Court of Appeals for the Sixth Circuit · Oct 30, 1984

However, once the existence of the privilege was established, the plaintiff would bear the burden of demonstrating actual malice. … Bichler contends that, in order for WZZM-TV to have had a legitimate interest which would immunize its report, there must have been a “logical nexus” between the theater and his personal financial condition.

United States of America, Ex Rel. Bruno Carson or Bruno Carasaniti v. J. S. Kershner, Officer in Charge

228 F.2d 142 · Court of Appeals for the Sixth Circuit · Dec 17, 1955

It was the Court’s conclusion that “The whole development of this general savings clause, its predecessors accompanying each of the recent codifications in the field of immigration and naturalization, manifests a well-established … Therefore, an alien entering as a stowaway after that date could acquire no immunity to deportation by the passage of time.

Osborn v. Haley

422 F.3d 359 · Court of Appeals for the Sixth Circuit · Sep 8, 2005

It instead accepted as true Osborn's allegations that Haley induced her discharge, and from that premise resolved the scope-of-employment/immunity issue against Haley's entitlement to immunity. … Because a case under the Westfall Act thus `raises a question of substantive federal law at the very outset, it clearly arises under federal law, as that term is used in Art.

David Little v. City of Morristown, Tenn.

Court of Appeals for the Sixth Circuit · Apr 9, 2024

Hardeman County, 93 F.4th 919 (6th Cir. 2024), which requires application of a different legal standard to the clearly established prong of qualified immunity under 42 U.S.C. … That is because the “clearly established” prong of the qualified-immunity inquiry focuses on “whether the officer had fair notice that her conduct was unlawful” based on “the law at the time of the conduct.”

Darrell Siggers v. Joseph Alex

Court of Appeals for the Sixth Circuit · Sep 12, 2023

The second prong of qualified immunity, clearly established law, is a “pure issue of law” that does not depend on contested issues of fact. Gregory v. City of Louisville, 444 F.3d 725, 742 (6th Cir. 2006). … Indeed, the district court denied Alex’s claim of qualified immunity based largely on its interpretation of clearly established law, not state and federal preclusion.

Surles v. Andison

678 F.3d 452 · Court of Appeals for the Sixth Circuit · May 8, 2012

They compare the exhaustion defense to qualified immunity, arguing that a defendant need only present facts that if true would support the affirmative defense; the ultimate burden of proof would fall on the plaintiff to show … that a defendant was not entitled to qualified immunity or that the plaintiff had exhausted his administrative remedies.

Green v. Taylor

239 F. App'x 952 · Court of Appeals for the Sixth Circuit · Aug 30, 2007

Robert Taylor appeals the district court’s order denying his motion for summary judgment based on qualified immunity. … Clearly Established Right “The relevant, dispositive inquiry in determining whether a right is clearly established is whether it would be clear to a reasonable officer that his conduct was unlawful in the situation

Marsha Binelli v. Charter Township of Flint

488 F. App'x 95 · Court of Appeals for the Sixth Circuit · Jul 3, 2012

Qualified Immunity Binelli argues on appeal that Miller was not entitled to qualified immunity. … The doctrine of qualified immunity protects government officials from liability when “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.

DLX Inc v. Comwlth KY

Court of Appeals for the Sixth Circuit · Aug 26, 2004

Hamilton Bank, 473 U.S. 172, 195-97 (1985), clearly succeed. … In 13 Arn ett, the plaintiffs clearly only sought declaratory and injunctive relief, “Eleventh Amendm ent immunity is an issue of jurisdiction

Viola Moody (84-5479), George D. Bawgus (84-5695) v. United States of America

774 F.2d 150 · Court of Appeals for the Sixth Circuit · Oct 8, 1985

. § 1944.45 defines a conditional commitment as an “assurance from FmHA to a qualified builder or seller that a dwelling to be built or rehabilitated and offered for sale will be acceptable for purchase by qualified RH loan … The FmHA’s undertaking to inspect and the limitations thereon are clearly set out in 7 C.F.R. § 1924.9 . 9 Appellants can *157 not premise liability on the voluntary undertaking represented by the regulations independent

Peach v. Smith County

93 F. App'x 688 · Court of Appeals for the Sixth Circuit · Feb 17, 2004

damages against government officials in their individual capacities (like some of the claims against Bane and Gregory) require proof that the officers violated federally protected rights and, to the extent a defense of qualified … immunity is asserted, that those rights were clearly established.