Case law

Angela Bouggess v. McKenzie Mattingly

482 F.3d 886 · Court of Appeals for the Sixth Circuit · Apr 16, 2007

The Supreme Court has held that defendants in such suits are entitled to qualified immunity from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights … In other words, an officer will be denied qualified immunity if he violates a statutory or constitutional right that was “so clearly established when the acts were committed that any officer in the defendant’s position, measured

James DeLanis v. Metro. Govt of Nashville

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

And it did not violate any clearly established law. … So long as its actions did not violate clearly established law, qualified immunity applies. Pearson v. Callahan, 555 U.S. 223, 236 (2009).

Jorden Brown v. Samuel Giles

95 F.4th 436 · Court of Appeals for the Sixth Circuit · Mar 5, 2024

Officer Giles argues he’s entitled to qualified immunity. To overcome that immunity, Brown must show it’s clearly established that tasing him in this particular context was excessive. See Pearson v. … Qualified immunity demands no such thing. Regardless, the relevant law is clearly established here.

Deborah Audra Skousen v. Brighton High School, Paul Rambo, a Michigan State Trooper

305 F.3d 520 · Court of Appeals for the Sixth Circuit · Sep 26, 2002

We do, however, retain jurisdiction over the legal question of qualified immunity, which requires a determination of whether a given set of facts violates a clearly established right. Mat-tox, 183 F.3d at 519 . … all, and then must determine whether the claimed right was clearly established, before proceeding to the qualified immunity question).

Chappell v. City of Cleveland

585 F.3d 901 · Court of Appeals for the Sixth Circuit · Nov 4, 2009

Plaintiff Chappell correctly points out that the district court’s denial of qualified immunity is not based on a pure question of law, but on two clearly identified factual issues. … Qualified immunity shields government officials from liability for civil damages if their actions did not violate clearly established statutory or constitutional rights of which a reasonable person would have known.

Shehee v. Luttrell

199 F.3d 295 · Court of Appeals for the Sixth Circuit · Oct 1, 1999

immunity, finding that the law regarding Shehee’s First Amendment and Fifth Amendment claims was clearly established. … of clearly established law.”

Dickerson v. Mcclellan

101 F.3d 1151 · Court of Appeals for the Sixth Circuit · Dec 9, 1996

Dickerson were objectively unreasonable in light of the clearly established law regarding the knock and announce rule and its exceptions." … because they did not violate Dickerson's clearly established constitutional right to be free from excessive force.

O'MALLEY v. City of Flint

652 F.3d 662 · Court of Appeals for the Sixth Circuit · Jul 26, 2011

Generally, summary judgment based on qualified immunity is proper if the officer was not on notice that his conduct was clearly unlawful. Higgason v. Stephens, 288 F.3d 868, 876 (6th Cir.2002). … established”).

Mitchell B. Tucker v. Jack Callahan Carl Glasgow Ben Brewer City of New Johnsonville (88- 5102/5179) Wilburn Springer, Officer, (88-5103/5153)

867 F.2d 909 · Court of Appeals for the Sixth Circuit · Mar 28, 1989

at least at the pleading stage, the defense of qualified immunity. … Thus, the district court concluded that Officer Springer was not entitled to qualified immunity because plaintiff had alleged facts which, if proven, would establish that defendants had violated plaintiffs “clearly established

Walker v. Davis

649 F.3d 502 · Court of Appeals for the Sixth Circuit · Aug 22, 2011

The district court held that Davis’s actions, so viewed, violated Germany’s clearly established constitutional rights, thereby precluding qualified immunity for Davis. We affirm. … But the facts, as we must view them, make out a violation of Germany’s clearly established constitutional rights. The district court’s denial of qualified immunity is affirmed.

Whitney v. City of Milan

677 F.3d 292 · Court of Appeals for the Sixth Circuit · Apr 24, 2012

Crider appeals the district court’s order which denied his motion for summary judgment on the basis that he violated a clearly established constitutional right, and as such, is not entitled to qualified immunity. … Qualified Immunity on a Prior-Restraint Claim Government officials are immune from civil liability under 42 U.S.C. § 1983 when performing discretionary duties, provided “their conduct does not violate clearly established

Huron Valley Hospital, Inc. v. City of Pontiac

792 F.2d 563 · Court of Appeals for the Sixth Circuit · May 30, 1986

This is not a simple conclusion that the law is clearly established as is necessary with qualified immunity. … Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982), test for applying qualified immunity requires a finding that the official conduct “does not violate clearly established statutory or constitutional rights

McCloud v. Testa

97 F.3d 1536 · Court of Appeals for the Sixth Circuit · Oct 21, 1996

We also conclude that this proposition is clearly established. … We recognize that our citation to unpublished cases, especially in the qualified immunity context, where the key inquiry is whether a principle of law is clearly established, may be perceived as problematic.

Cheyenne Johnson v. Mount Pleasant Pub. Schs.

Court of Appeals for the Sixth Circuit · Sep 30, 2025

So, unless Johnson has stated a legally viable claim of a violation of a clearly established right, with supporting precedent, Russell is entitled to qualified immunity. … He did not raise a “clearly established” argument at all, nor did he argue any aspect of qualified immunity based on X.M.’s facts.

Robert Shumate v. City of Adrian, Mich.

44 F.4th 427 · Court of Appeals for the Sixth Circuit · Aug 10, 2022

On appeal, Officer Powers asserts that he is entitled to qualified immunity because the force was not unconstitutionally excessive or, alternatively, that the law violated was not clearly established. … Powers’ use of force amounted to a violation of Shumate’s clearly established rights—the second prong of the qualified immunity analysis.

Dorsey v. Barber

517 F.3d 389 · Court of Appeals for the Sixth Circuit · Feb 21, 2008

We may only review the denial of qualified immunity to the extent that the “appeal involves the abstract or pure legal issue of whether the facts alleged by the plaintiff constitute a violation of clearly established law. … (2) whether that right was clearly established.”

Gray v. Detroit City

Court of Appeals for the Sixth Circuit · Mar 1, 2005

Officer Gross is Entitled to Qualified Immunity This Court has adopted a three step analysis in determining when qualified immunity applies. Champion v. … Officer Gross is therefore entitled to qualified immunity. B.

Amanda Sumpter v. Wayne Cty.

868 F.3d 473 · Court of Appeals for the Sixth Circuit · Aug 18, 2017

It asks whether our case law clearly establishes Officer Graham’s justification for the group searches as a legitimate one. Infra at 494-96. But that’s not how qualified immunity works. … To overcome an officer’s request for immunity, the plaintiff must show that the “right” she seeks to vindicate is clearly established, not that the officer’s justification is not clearly established. Wegener v.

Courtney Adams v. Blount Cty., Tenn.

946 F.3d 940 · Court of Appeals for the Sixth Circuit · Jan 8, 2020

standard and violated Edwards’s clearly established rights. … Defendant Burns asserts “the defense of qualified immunity, which shields government officials from ‘liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights

William LaPlante v. City of Battle Creek, Mich.

30 F.4th 572 · Court of Appeals for the Sixth Circuit · Apr 8, 2022

Analysis In reviewing an order denying qualified immunity, the Court considers (1) whether an “official’s conduct . . . violate[d] a constitutional right,” and, if so, (2) whether “that right was . . . clearly established … Clearly Established “Public officials are entitled to qualified immunity from suits for civil damages if either the official’s conduct did not violate a constitutional right or if that right was not clearly established