Case law

State Of Tennessee v. United States Department Of Transportation

326 F.3d 729 · Court of Appeals for the Sixth Circuit · Apr 23, 2003

is clearly stated in the congressional act). 19 Passed in reaction to the Supreme Court decision in Chisholm v. … Comm'n, 122 S.Ct. at 1874 . 20 The central question in this case thus becomes whether the process of preemption determination established by Congress and carried out by the USDOT falls within the ambit of adjudicatory determinations

Bonilla-Morales v. Holder

607 F.3d 1132 · Court of Appeals for the Sixth Circuit · Jun 15, 2010

We need not reach these two issues, however, because Bonilla-Morales’s asylum claim clearly fails on the nexus requirement. … She has therefore not established that she qualifies for asylum based on her membership in a particular social group.

Pearlie Jackson v. Washtenaw Cnty.

678 F. App'x 302 · Court of Appeals for the Sixth Circuit · Jan 31, 2017

Where a suspect has refused to follow police orders and may be in possession of a weapon, we have determined there is no clearly established right to resist that can defeat qualified immunity. See Watson v. … Given these factors and the immediacy of the potential danger to Urban, we cannot say that the first Taser deployment- violated a clearly established right. The second tasing occurred just under four minutes later.

Jose Serra, Cross-Appellant v. Paul A. Pichardo, Cross-Appellee, Robert Elsea, Defendant-Cross-Appellee

786 F.2d 237 · Court of Appeals for the Sixth Circuit · Mar 24, 1986

Although Congress could have stated more clearly the intended application of section 2676 to a situation such as this one, its choice of broad language indicates that it desired to do more than merely bar a plaintiff from … Pichardo also asserts that there is insufficient evidence to support a verdict of deliberate indifference and that his conduct falls within the scope of activity protected by qualified immunity. 2 .

Judy Gantz v. Wayne County Sheriff's Office

513 F. App'x 478 · Court of Appeals for the Sixth Circuit · Jan 31, 2013

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 … violation occurred; and 2) whether the right was clearly established at the time of the violation.”

Connie McCoy Clark v. Billie J. Upchurch Cheryl Jordan Ball

955 F.2d 44 · Court of Appeals for the Sixth Circuit · Feb 13, 1992

legal rules that were 'clearly established' at the time it was taken." … We must disagree, however, with the judge's suggestion that the entitlement to qualified immunity is a jury question.

Carrie Cox v. Anthony Ruckel

Court of Appeals for the Sixth Circuit · Sep 9, 2025

But even if a plaintiff demonstrates these elements of First Amendment retaliation, qualified immunity may still bar suit if the law was not clearly established. … The qualified immunity inquiry has two prongs.

Westside Mothers v. Olszewski

454 F.3d 532 · Court of Appeals for the Sixth Circuit · Jul 17, 2006

Finally, Congress did not explicitly foreclose recourse to § 1983 in this instance, nor has it established any remedial scheme sufficiently comprehensive to supplant § 1983. … We held that the district court erred in failing to consider this issue within the framework established by the Supreme Court in Blessing. Id. at 863 .

Mineer v. Call

993 F.2d 1547 · Court of Appeals for the Sixth Circuit · May 4, 1993

Judge Call cannot claim qualified immunity because he totally disregarded clearly established procedures set forth by statute. II. … If, as Call alleges, Mineer's term of office expired contemporaneously with that of the administration that hired him, Mineer had no clearly established property interest in his further employment, 1 and qualified immunity

Geomatrix, LLC v. NSF Int'l

82 F.4th 466 · Court of Appeals for the Sixth Circuit · Sep 12, 2023

Indeed, Geomatrix’s decision to relinquish its certification also qualifies as a “self-inflicted injury,” and such injuries fail “the second standing prerequisite, traceability.” Buchholz v. … The state courts’ broad view also conflicts with established Michigan law in other areas.

Rayshawn Walden v. City of Detroit, Mich.

Court of Appeals for the Sixth Circuit · May 20, 2026

Because Rumschlag asserts this defense, Walden must show that (1) Rumschlag violated his constitutional rights and (2) at the time of the violation, “it was clearly established” that Rumschlag’s conduct violated the Constitution … Rumschlag moved for summary judgment below, asserting qualified immunity. But he did not assert immunity against Walden’s state-law claims.

Randal Crocker v. Marvin T. Runyon, Postmaster-General

207 F.3d 314 · Court of Appeals for the Sixth Circuit · Mar 22, 2000

II To make out a claim under the Rehabilitation Act, a plaintiff in a covered position must establish that he is: 1) an individual with a disability under the Act, 2) otherwise qualified for the job with or without a reasonable … The magistrate judge’s finding that there “does not appear to be any reasonable way in which plaintiffs disability could be accommodated” is not clearly erroneous.

United States of America State of Michigan, United States of America v. Frederick Dakota Sybil Dakota the Keweenaw Bay Indian Community

796 F.2d 186 · Court of Appeals for the Sixth Circuit · Sep 4, 1986

Because Public Law 280 undermines the long-standing doctrine that federally recognized Indian tribes and their members are immune from the application of state law for on-reservation activities, see New Mexico v. … Clearly, it is. The activities at issue in this case are not, as defendants would have it, simply poker and blackjack.

David W. Lanier v. Ed Bryant

332 F.3d 999 · Court of Appeals for the Sixth Circuit · Jun 17, 2003

Turning over tape recordings in discovery pursuant to Rule 16 is an action that is clearly related to a prosecutorial function. … Therefore, the district court correctly determined that the prosecutors were immune from suit. Id. at 430 , 96 S.Ct. 984 . III.

Eugene McCumons v. J. Marougi

385 F. App'x 504 · Court of Appeals for the Sixth Circuit · Jul 12, 2010

show that the constitutional right in question was “clearly established.” … The second question turns not just on whether the legal right is “clearly established” in the abstract but on whether the officer’s action, “assessed in light of the legal rules that were ‘clearly established’ at the time

Palmer v. Wagner

3 F. App'x 329 · Court of Appeals for the Sixth Circuit · Jan 29, 2001

Additionally, in light of Palmer’s failure to establish a First or Eighth Amendment violation, the district court properly concluded that Palmer asserted no acts that would constitute punishment or otherwise implicate a liberty … Because Palmer failed to allege a constitutional violation, the district court properly concluded that Wagner was entitled to qualified immunity with respect to Palmer’s First and Fourteenth Amendment claims.

Paul Blanton v. Matthew Histed

Court of Appeals for the Sixth Circuit · Oct 24, 2025

was not clearly established. … Blanton next challenges the district court’s resolution of his free-exercise claim and its conclusion that qualified immunity applies to the defendants. The defense of qualified immunity has two familiar components.

Adam Fried v. Jose Garcia

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

Garcia moved for summary judgment on the ground of qualified immunity. … was clearly established.”

Daniel Solovy v. Gregory Morabito

375 F. App'x 521 · Court of Appeals for the Sixth Circuit · Apr 27, 2010

At the present stage of this case, Sergeant Carroll is not entitled to qualified immunity. … Thus, based on Solovy’s version of events, Sergeant Carroll violated Solovy’s clearly established Fourth Amendment rights and is therefore not entitled to qualified immunity.

United States v. Eric Antonio Parker

997 F.2d 219 · Court of Appeals for the Sixth Circuit · Jul 6, 1993

However, use of the tapes was not limited to establishing the existence of a conspiracy prior to Parker’s arrest. … The questions of whether Parker received a grant of immunity or promise of leniency should be reexamined more fully.