Case law

Farah v. Wellington

295 F. App'x 743 · Court of Appeals for the Sixth Circuit · Sep 30, 2008

Farah, however, never conducted discovery on the qualified immunity issue. … Therefore, the lower court correctly granted White qualified immunity on Farah’s claim.

Hall v. City of Cookeville

157 F. App'x 809 · Court of Appeals for the Sixth Circuit · Nov 10, 2005

Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … The qualified immunity analysis generally entails three steps.

United States v. Jerome L. Wood

209 F.3d 847 · Court of Appeals for the Sixth Circuit · Apr 17, 2000

With this “categorical approach” to determining whether a prior offense, constitutes a crime of violence, only if the statute does not clearly establish that the offense involves the “use, attempted use, or threatened use … Wood concedes that this conviction qualifies as a crime of violence for career offender sentencing purposes.

Barbara A. Brandenburg v. R.L. Murphy, Harry E. Cureton, Warren G. Hatfield, Calvin O. Morton, Roy W. Sharp, and Mark D. Wright

936 F.2d 572 · Court of Appeals for the Sixth Circuit · Jun 21, 1991

Although the government officials bear the burden of establishing qualified immunity as an affirmative defense, the plaintiff bears the burden of "present[ing] facts which if true, would constitute a violation of clearly … C. 21 While Brandenburg's abstract right to be from false arrest was clearly established at the time of her arrest, it was not, and is not, clearly established that Murphy's actions violated that right.

United States v. Michael S. Atwell

570 F.2d 650 · Court of Appeals for the Sixth Circuit · Feb 17, 1978

The proofs clearly establish and appellant conceded that he had attempted to blow up the business premises of a former employer. … A qualified psychiatrist, Dr.

Rodgers v. Banks

Court of Appeals for the Sixth Circuit · Sep 17, 2003

Therefore, § 1983 plaintiffs should VII violation, and the complaint was subsequently amended “set forth clearly in their pleading that they are suing the state to add the § 1983 First Amendment claim. … Moreover, on notice that the plaintiff intended to hold him or her Defendant has not moved for summary judgment on the issue personally liable, notwithstanding the plaintiff’s failure to of qualified immunity

Collins v. City of Detroit

780 F.2d 583 · Court of Appeals for the Sixth Circuit · Jan 10, 1986

Thus, the complaint appears to state clearly that the defendants are sued “solely and directly” in their official capacities as police officers of the City of Detroit. In its recent opinion in Brandon v. … Where an action is against officers “solely ... in the capacity as police officers,” as stated here, plaintiffs, in order to recover, must meet the standards of liability established by Monell v.

Terry J. Wilkins v. Donald E. Jakeway Vincent Lombardi, and Robert Garber

78 F.3d 585 · Court of Appeals for the Sixth Circuit · Feb 27, 1996

claiming that the allegations failed to show a violation of clearly established law. … It determined that qualified immunity was unavailable because Wilkins had adequately pleaded facts suggesting a violation of clearly established law.

Lydale Shumate v. Johnathon Cleveland

483 F. App'x 112 · Court of Appeals for the Sixth Circuit · May 24, 2012

The defendants moved for summary judgment on the grounds of qualified immunity and governmental immunity, appending several depositions of the parties and other witnesses. … clearly established law.

Nathan Roberts v. Progressive Preferred Ins. Co.

Court of Appeals for the Sixth Circuit · May 19, 2026

Rather, he must be otherwise qualified to receive the benefit that he was denied because of his race. … In fact, the Court has clearly stated in the standing context that “a plaintiff need not translate his or her desire for a [benefit] into a formal application where that application would be merely a futile gesture.”

Stewart B. Brooks and Mandel Calvin v. Richard P. Seiter, Frederick Silber, Judith Allen and G. Padan

779 F.2d 1177 · Court of Appeals for the Sixth Circuit · Dec 30, 1985

They clearly contend, however, that in applying the regulation, their first amendment rights, as made applicable to the states by the fourteenth amendment, were violated. … Defendants also argue that the case was properly dismissed, because the officials sued were possessed of a qualified official immunity to civil suits.

United States v. William Curro

847 F.2d 325 · Court of Appeals for the Sixth Circuit · May 26, 1988

At the first grand jury appearance, there is no indication that he had any type of immunity from prosecution. At his second appearance, it is clear that he had been promised immunity. … At the second appearance, Louzon had use immunity and, thus, had additional motivation for telling the truth.

Vivian D. Redding v. Beverly St. Eward, Detroit Police Officer

241 F.3d 530 · Court of Appeals for the Sixth Circuit · Mar 1, 2001

Eward’s motion for summary judgment, she argued that (1) there was no deprivation of Redding’s constitutional rights, and (2) even if there was a deprivation, St, Eward’s actions were protected by qualified immunity. … She failed to provide any evidence tending to establish that element.

Frances Buxton v. William A. Halter, Commissioner of Social Security

246 F.3d 762 · Court of Appeals for the Sixth Circuit · Apr 12, 2001

In order to qualify for disability benefits, a claimant must establish that she is disabled within the meaning of the Social Security Act. 42 U.S.C. § 423 (a)(1)(D). … However, either way, they can clearly be attributed to her. 3 . See supra n. 2. 4 . Dr.

United States v. William Luster

889 F.2d 1523 · Court of Appeals for the Sixth Circuit · Nov 21, 1989

A defendant’s poverty in no way immunizes him from punishment. … The court found that defendant was not able to establish that he had earned the minimum wage or that he had paid income taxes on legitimate income.

Gregory v. Hunt

24 F.3d 781 · Court of Appeals for the Sixth Circuit · May 18, 1994

The court then turned its attention to Tennessee law, and specifically examined the history of Tennessee’s sovereign immunity doctrine. … In the instant *788 case, plaintiffs claim of entitlement is clearly insufficient when examined in light of Tennessee law.

United States v. Sathon Evans

699 F.3d 858 · Court of Appeals for the Sixth Circuit · Nov 15, 2012

It found that his criminal conduct demonstrated “a life of disrespect for the law” and that Evans was “clearly a risk to reoffend.” … Robinson, 503 F.3d 522, 528 (6th Cir. 2007) (finding that it is incumbent upon the defendant to establish that his within-Guidelines sentence was unreasonable); United States v.

Madison-Hughes v. Shalala

80 F.3d 1121 · Court of Appeals for the Sixth Circuit · Apr 8, 1996

Based on the use of such qualifying phrases, we believe 45 C.F.R. § 80.6 (b) commits the collection of data to agency discretion, rather than mandating specific requirements. … If regulations do not provide guidance about specific legal standards for judicial review, agency action is immune from such review. Slyper v.

Horn v. Madison County Fiscal Court

22 F.3d 653 · Court of Appeals for the Sixth Circuit · Apr 21, 1994

The first question posed is whether the alleged violation of this plan requirement is a deprivation of a "right, privilege or immunity." … Even assuming appellant would have been able to establish the Juvenile Justice Act was violated, the trial proofs clearly fail to demonstrate that such violation was a proximate cause of his injury. 1 In Doe v.

Todd Zambetti v. Cuyahoga Community College and Clayton Harris

314 F.3d 249 · Court of Appeals for the Sixth Circuit · Dec 19, 2002

Green, 411 U.S. 792, 802 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973), to establish a prima facie case of race discrimination, the plaintiff must demonstrate four things: (i) he is a member of a racial minority; (ii) he was qualified … The district court held that “even assuming that the SAC found that Zambetti was substantially more qualified than Bibb, Harris’s decision to promote Bibb over Zambetti does not establish pretext.”