Case law

Josephine CARVER, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee

869 F.2d 289 · Court of Appeals for the Sixth Circuit · Mar 9, 1989

The Meyer and Loving decisions, however, did not clearly foreshadow that an individual had a constitutionally protected right to marry. … It was not until Zablocki in 1978 that the right to marriage was firmly established.

City of Knoxville, Tenn. v. Mrs. Edna v. Bailey, Delta Air Lines, Inc. v. Mrs. Edna v. Bailey

222 F.2d 520 · Court of Appeals for the Sixth Circuit · Apr 22, 1955

It is thoroughly established that upon a motion for a directed verdict *529 the evidence must be viewed in the light most favorable to the party against whom the motion is directed. … Testimony that other persons had slipped and fallen previously at the place of the accident was clearly admissible. John Gerber Co. v. Smith, 150 Tenn. 255, 264 , 263 S.W. 974 .

John Norman v. Joseph Horton

Court of Appeals for the Sixth Circuit · Jun 22, 2026

Cyranek, 805 F.3d 760, 765 (6th Cir. 2015) (citation omitted), that proposition is too general to serve as the “clearly established” rule for purposes of qualified immunity, see Mullenix v. … Granting qualified immunity to Officers Horton and Fraddosio based on the absence of a clearly established right means that Norman’s Monell claim fails as well.

Pinney Dock & Transport Co. v. Penn Central Corp.

838 F.2d 1445 · Court of Appeals for the Sixth Circuit · Feb 3, 1988

immunity under the. … This statement was qualified, as emphasized above, by a statement that the antitrust laws will not apply to agreements that have been approved by the ICC.

Kahlich v. City of Grosse Pointe Farms

120 F. App'x 580 · Court of Appeals for the Sixth Circuit · Jan 10, 2005

The individual defendants moved for summary judgment on the grounds of qualified immunity. … The doctrine of qualified immunity shields government officials from civil liability in the performance of discretionary functions “insofar as their conduct does not violate clearly established statutory or constitutional

Fritz v. Charter Township of Com-Stock

592 F.3d 718 · Court of Appeals for the Sixth Circuit · Jan 28, 2010

Village of Michiana, 100 F.3d 457, 459-61 (6th Cir.1996) (qualified immunity appeal in which journalist claimed retaliation based on her reporting of public meetings when village officials called her employer to urge the … Defendants attempt to raise two additional issues in this appeal: 1) whether Plaintiff stated a claim for municipal liability on the part of the Township; and 2) whether any of the Defendants are entitled to qualified immunity

Michigan Bell Telephone Co. v. Climax Telephone Co.

186 F.3d 726 · Court of Appeals for the Sixth Circuit · Jul 28, 1999

I ■ Climax is an established local exchange carrier (“LEC”) serving the Climax, Michigan area. … Clearly, the Eleventh Amendment claim can be resolved without resolving either of the other claims.

Blue Ribbon Properties, Inc. v. Hardin County Fiscal Court

50 F. App'x 671 · Court of Appeals for the Sixth Circuit · Aug 15, 2002

The district court dismissed Blue Ribbon’s claims against the Cabinet on the basis of Eleventh Amendment immunity. … a “clearly articulated and affirmatively expressed state policy” to displace competition and impose regulation or monopoly.

Annissa Colson v. City of Alcoa, Tenn.

Court of Appeals for the Sixth Circuit · Sep 1, 2021

On this record, the clearly established inquiry must account for the medical component underlying England’s qualified immunity defense. … the clearly established prong of the qualified immunity test.

Joshua Wright v. Simon Leis, Jr.

335 F. App'x 552 · Court of Appeals for the Sixth Circuit · Jun 30, 2009

The defendants also moved under Rule 12(c) for a judgment on the pleadings, claiming qualified immunity. … did was objectively unreasonable in light of the clearly established constitutional rights.”).

Johnny W. HALL, Plaintiff-Appellee, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellant

837 F.2d 272 · Court of Appeals for the Sixth Circuit · Jan 20, 1988

On appeal the Secretary maintains that evidence of 1350 to 1800 jobs which an applicant can perform in the region of his residence clearly satisfies the statutory requirement. … The problem was not that the plaintiff could qualify for only 1-5% of the total number of jobs of a particular kind in the area, but that the vocational expert failed to establish that any of the jobs the plaintiff could

Grinter v. Knight

532 F.3d 567 · Court of Appeals for the Sixth Circuit · Jun 19, 2008

Belt available for questioning appear to allege that defendants failed to follow established procedures. Failing to follow proper procedures is insufficient to establish an infringement of a liberty interest. Olim v. … Furthermore, “[p]rison officials clearly have discretion under state law to deny a prisoner future good time.” Id. (citing Ky.Rev.Stat. § 197.045(1)).

George Marvaso v. Richard Sanchez

Court of Appeals for the Sixth Circuit · Aug 23, 2024

of a constitutional right, and (2) that the right was clearly established at the time of the violation. … Although we have discretion to choose which prong of the qualified immunity inquiry to consider first, the parties here agree that it was clearly established at the time of Sanchez’s alleged conduct that “[p]olice officers

Cabaniss v. City of Riverside

231 F. App'x 407 · Court of Appeals for the Sixth Circuit · Apr 6, 2007

Once it can be shown that a defendant violated a constitutional right, the relevant question for the qualified immunity inquiry is whether that right was clearly established. Saucier v. Katz, 533 U.S. 194, 202 (2001). … Qualified immunity does not operate like an affirmative defense; instead, the plaintiff bears the burden of showing that a right was clearly established. Key v. Grayson, 179 F.3d 996, 1000 (6th Cir. 1999).

Knight Newspapers, Inc. v. United States of America and Edward L. Baker, Individually and as Postmaster at Detroit, Michigan

395 F.2d 353 · Court of Appeals for the Sixth Circuit · May 31, 1968

or where his determination is clearly wrong. … These allegations do not establish that the Postmaster’s determination disallowing appellant’s claim constituted an abuse of discretion or an exercise of discretion that was clearly wrong.

Myers v. United States

17 F.3d 890 · Court of Appeals for the Sixth Circuit · Mar 1, 1994

The second category of regulations, however, does not establish safety standards for the nation’s mines; it merely establishes a means by which the government can monitor compliance with the first category of regulations. … Snider, 855 S.W.2d 588 (Tenn.Ct. *901 App.1993), in which the plaintiff tried to establish "per se” liability by proving that school officials had violated established school board policy.

Christopher Scott Sterusky v. Detrick Cooper

Court of Appeals for the Sixth Circuit · Jul 23, 2025

Qualified immunity protects government officials performing discretionary functions from suit unless 1) they violated a federal statutory or constitutional right, and 2) the unlawfulness of their conduct was clearly established … Qualified Immunity Given these concessions, we now decide whether Officer Cooper is entitled to qualified immunity.

Youghiogheny & Ohio Coal Co. v. Baker

815 F.2d 422 · Court of Appeals for the Sixth Circuit · Apr 3, 1987

Forsyth applies only when a party is immune from suit, not when the alleged immunity is only from liability. See Marrical v. The Detroit News, Inc., 805 F.2d 169, 172-73 (6th Cir.1986). … The issue here is transfer of liability, not entitlement not to be sued, and the transfer issue is clearly reviewable on appeal from a final judgment determining the merits of the case.

Jeffrey Wolgast v. John Richards

389 F. App'x 494 · Court of Appeals for the Sixth Circuit · Aug 9, 2010

When a defendant raises qualified immunity as a defense, the plaintiff has the burden to show that a constitutional right is clearly established; but, because qualified immunity is an affirmative defense, the defendant … But under § 1983, an officer is entitled to qualified immunity if “he or she could reasonably (even if erroneously) have believed that the arrest was lawful, in light of clearly established law and the information possessed

United States v. H. M. Branson Distributing Co.

398 F.2d 929 · Court of Appeals for the Sixth Circuit · Aug 2, 1968

The Record on Appeal establishes that the appellants submitted Requests to Charge. … Haddad: And immunity would extend for the deposition as well as the trial. ‘Mr.