Case law

Walter Wiley v. Consolidation Coal Company, Director, Office of Workers' Compensation Programs, United States Department of Labor, Parties-In-Interest

892 F.2d 498 · Court of Appeals for the Sixth Circuit · Dec 28, 1989

falls within the established categories. … Based on these tests, Wiley argues that he has established one of the qualifying factors by a preponderance of the evidence and, therefore, that Mullins Coal Co. v.

Carpenter v. City of Franklin

276 F. App'x 423 · Court of Appeals for the Sixth Circuit · May 2, 2008

Bowling To overcome a defendant’s claim of qualified immunity, a plaintiff must establish (1) that the defendant violated a “constitutional right” and (2) that the right “was clearly established.” Saucier v. … The district court also correctly determined that case law clearly established this constitutional claim. See St. John v.

Wells v. O'Malley

106 F. App'x 319 · Court of Appeals for the Sixth Circuit · Jul 21, 2004

While the district court granted summary judgment to the defendants on some of the claims, it declined to find qualified immunity on the retaliation claim, determining *322 that genuine issues of material fact remained regarding … On appeal, this Court affirmed the district court’s qualified-immunity ruling. Wells v. O’Malley, 31 Fed.Appx. 886 (6th Cir.2002). On remand, the district court held a jury trial regarding Wells’ claims.

Kathleen Leavey v. Detroit, City of

467 F. App'x 420 · Court of Appeals for the Sixth Circuit · Mar 9, 2012

In addition, Judge Atkins asserts qualified immunity and argues that as a government official she is “shielded from liability from civil damages insofar as [her] conduct does not violate clearly established statutory or … Because Plaintiff cannot establish a constitutional violation consisting of a violation of her First Amendment rights, the defense of qualified immunity applies in the instant action.

Janie L. Haskins v. United States Department of the Army

808 F.2d 1192 · Court of Appeals for the Sixth Circuit · Jan 8, 1987

On October 18, 1979, the selection panel concluded that appellant was “Highly Qualified” for the position and two of the other candidates were “Best Qualified.” … Under the Plan, only candidates who were ranked Best Qualified could be considered in the final selection process.

Thomas O'Connor v. Township of Redford

428 F. App'x 600 · Court of Appeals for the Sixth Circuit · Jul 1, 2011

Standard of Review & Qualified Immunity Standard We review the denial of qualified immunity de novo. See Kindle v. City of Jeffersontown, Ky., 374 F. … Qualified immunity shields “government officials performing discretionary functions . . . from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights

South Macomb Disposal Authority v. Township of Washington

790 F.2d 500 · Court of Appeals for the Sixth Circuit · May 13, 1986

the jurisdiction” of the United States. 7 *503 A private corporation is clearly a “person” within the meaning of the Equal Protection and Due Process Clauses, Grosjean v. … Similarly, “it clearly does not follow from the fact that a 1983 plaintiff is an ‘other person’ that a 1983 cause of action is stated.” S. Nahmod, supra, § 1.07, at 8.

Wilson v. Elliott Cnty KY

198 F. App'x 471 · Court of Appeals for the Sixth Circuit · Oct 4, 2006

Then, “if a violation could be made out on a favorable view of the parties’ submissions, the next sequential step is to ask whether the right was clearly established.” Id. … However, a right is not “clearly established” merely by virtue of its having been stated in the abstract. See Anderson v. Creighton, 483 U.S. 635, 639 (1987).

Kuehne v. Hugan

68 F.3d 474 · Court of Appeals for the Sixth Circuit · Oct 16, 1995

In order "[t]o withstand a motion for summary judgment on the ground of qualified immunity, the plaintiff must establish: (1) an alleged violation which implicates clearly established law, and (2) facts sufficient to create … established right, then summary judgment on qualified immunity is improper."

American Postal Workers Union, Columbus Area Local Afl-Cio 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. … It is well settled that a district court's factual findings may be overturned upon review only if they are clearly erroneous.

Irvin v. United States

845 F.2d 126 · Court of Appeals for the Sixth Circuit · Apr 27, 1988

In failing to have Mildred Irvin examined and treated by qualified medical personnel; 8 E. In failing to reclassify Mildred Irvin's medical condition as urgent; and 9 F. … The Court reasoned as follows: 19 Clearly, the first factor considered in Feres operates with equal force in this case.

Cleveland Housing Renewal Project v. Deutsche Bank Trust Co.

621 F.3d 554 · Court of Appeals for the Sixth Circuit · Sep 20, 2010

In Quackenbush, the Court held that an abstention- based remand order does not come within a category of remand orders that are immune from review. Id. at 712. … Yet, the potentially adverse interests represented by the City’s liens on some of the properties are clearly “ancillary” or “secondary” to the primary controversy.

Riddle v. Egensperger

266 F.3d 542 · Court of Appeals for the Sixth Circuit · Sep 25, 2001

The record below indicates no motions to dismiss were filed by any of the Defendants based on failure to state a claim or qualified immunity. … The district court should resolve any immunity defense “before permitting discovery.” Id.

O'Brien v. Michigan Department of Corrections

592 F. App'x 338 · Court of Appeals for the Sixth Circuit · Oct 17, 2014

First, the district court properly concluded that O’Brien could not maintain a § 1983 action against MDOC because it was immune from suit under the Eleventh Amendment. See Pennhurst State Sch. & Hosp. v. … To make out a prima facie case under the ADA, O’Brien must establish that he has a disability; that he is otherwise qualified; and that he “is being excluded from participation in, being denied the benefits of, or being subjected

Richard A. Bower v. Federal Express Corporation

96 F.3d 200 · Court of Appeals for the Sixth Circuit · Sep 18, 1996

definition of the term “qualified handicapped individual.” … Chevron establishes a unidirectional rule for the use of legislative history.

Aquino v. Honda of America, Inc.

158 F. App'x 667 · Court of Appeals for the Sixth Circuit · Nov 18, 2005

Under qualified immunity law, police officers and other public officials who perform discretionary functions are entitled in certain circumstances to be shielded from lawsuits and, like an absolute immunity, this immunity … The Sixth Circuit has employed a tripartite test for qualified immunity claims: first, whether a constitutional violation has occurred; second, whether that right is so clearly established that a reasonable person would

Denise Carver v. Mildred Dennis, Individually and in Her Official Capacity as County Court Clerk of Jackson County, Tennessee

104 F.3d 847 · Court of Appeals for the Sixth Circuit · Jan 17, 1997

Dennis moved for summary judgment based on qualified immunity and also on the merits. Id. at 637. The district court did not address the issue of qualified immunity but granted summary judgment on the merits. … While Dennis did not expressly label her reason for discharging Carver as insubordination, Carver’s declaration of candidacy against Dennis under the circumstances of this case clearly was insubordination.

Anthony Camarca v. City of Covington Police Dep't

Court of Appeals for the Sixth Circuit · Feb 4, 2026

“To overcome qualified immunity,” Camarca must show that the individual officers “(1) violated a constitutional right that was (2) clearly established.” VanPelt v. City of Detroit, 70 F.4th 338, 340 (6th Cir. 2023). … Nor has Camarca pointed to any case that clearly establishes otherwise. As the district court noted, that failure independently forecloses his claim under qualified immunity caselaw.

7 Fair empl.prac.cas. 1245, 7 Empl. Prac. Dec. P 9385 J. D. Thornton v. East Texas Motor Freight

497 F.2d 416 · Court of Appeals for the Sixth Circuit · May 21, 1974

The filing of a charge with EEOC also would establish a commencement date for seniority purposes. … This holding establishes that whether back pay should be awarded at all is a matter of discretion.

Freeman v. Michigan, Department of State

808 F.2d 1174 · Court of Appeals for the Sixth Circuit · Jan 8, 1987

Whereas Congress amended Title VII in 1972 specifically to establish state liability for violations of the Civil Rights Act of 1964, see 42 U.S.C. § 2000e(a), (f); Fitzpatrick v. … However, a state may waive its immunity and consent to being sued in federal court.