Case law

Carolyn Constantine v. Daryn Gadeken

563 F. App'x 464 · Court of Appeals for the Sixth Circuit · Apr 23, 2014

Gadeken federal court and then filed a motion to dismiss, asserting that the claims are barred by qualified immunity and that Constantine failed to state a claim for relief. … If a constitutional right had been infringed, the courts could consider “whether the right was clearly established . . . in light of the specific context of the case.” Id. In Pearson v.

Michigan State Chamber of Commerce v. Austin

788 F.2d 1178 · Court of Appeals for the Sixth Circuit · Apr 21, 1986

A ballot question committee to support this proposal had been established. … There was clearly a “credible threat of prosecution.” The fact that the Citizens Lobby proposal did not “make the cut” in 1984 did not doom this action.

United States v. Pedro Vasquez Cavazos, Jr.

Court of Appeals for the Sixth Circuit · Feb 12, 2020

The district court denied Cavazos’s objection, finding that Cavazos failed to satisfy his burden of establishing the unconstitutionality of his prior conviction. … And taken together, Havis and what’s left of Evans clearly answer that question in the affirmative.

Timothy Rouse v. Terry Powlde

478 F. App'x 945 · Court of Appeals for the Sixth Circuit · Apr 17, 2012

The Supreme Court has long recognized that such immunity does not protect a prosecutor for actions clearly beyond his authority. Spalding v. … More importantly, as the case law cited throughout this discus *951 sion establishes, the prosecutor’s motives play no part in an immunity analysis. .

Edward Hugan v. City of Detroit, Mich.

Court of Appeals for the Sixth Circuit · Dec 15, 2022

Officers acting under color of state law are entitled to qualified immunity against § 1983 liability where “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … “A right is ‘clearly established’ for qualified immunity purposes if ‘it would be clear to a reasonable officer that his conduct was unlawful in the situation he confronted.’” Humphrey v.

The Memphis American Federation of Teachers, Local 2032 v. The Board of Education of Memphis City Schools, a Public Body Corporate

534 F.2d 699 · Court of Appeals for the Sixth Circuit · Apr 30, 1976

The plaintiffs in the case are the Memphis American Federation of Teachers (MAFT) and two members of that organization individually and on behalf of a class, seeking to establish their constitutional entitlement to certain … The qualified good faith immunity granted to school officials does not operate to bar federal jurisdiction. See Wood v. Strickland, 420 U.S. 308 , 95 S.Ct. 992 , 43 L.Ed.2d 214 (1975).

Keshia Turner v. Deborah Lowen

Court of Appeals for the Sixth Circuit · Jul 24, 2020

To overcome a defendant’s assertion of qualified immunity, a plaintiff must show both (1) that the defendant violated a constitutional right, and (2) that the right was clearly established. Pearson v. … When we did so, moreover, we granted the offending social worker qualified immunity because the right had, up until that point, not been clearly established. Id.

Harold Wolfe v. Esco Jarnigan

357 F. App'x 621 · Court of Appeals for the Sixth Circuit · Dec 16, 2009

To overcome a qualified-immunity defense, a claimant must show (1) that the defendant violated a “constitutional right” and (2) that the right “was clearly established” at the time. Pearson v. … R.25 at 9–10; see also R.10 at 3, 6 (treating § 38-8-106-based dismissal and qualified immunity as distinct grounds for Rule 12(b)(6) dismissal).

Wright-Bernet v. Commissioner of Internal Revenue

172 F.2d 343 · Court of Appeals for the Sixth Circuit · Feb 4, 1949

The -salaries for which the deducti.on was claimed were established by resolution of the board of directors -in 1942, and are still in effect. … . * * * “The effect of Rule 52(a) was to establish a uniform standard for testing the validity of findings of fact in any case tried without a jury.

United States v. Edward Luce, Robert Kolofer, and James Luigs

713 F.2d 1236 · Court of Appeals for the Sixth Circuit · Aug 9, 1983

The Court’s opinion noted five factors which supported its result: (1) defendant’s counsel had not clearly argued the proper basis for concluding that the evidence was inadmissible; (2) counsel did not renew his objection … — the prosecutor were allowed to use immunized testimony for impeachment.

Julie Tamm v. Milan Nerad

Court of Appeals for the Sixth Circuit · Sep 18, 2025

To be sure, qualified immunity protects government officials for actions taken within the scope of their authority which do not “violate clearly established statutory or constitutional rights … to [the] two-pronged test for qualified immunity.”

Willena Ross v. John W. Gardner, Secretary of Health, Education and Welfare

365 F.2d 554 · Court of Appeals for the Sixth Circuit · Jul 29, 1966

medical expert, has reached conclusions both with regard to the medical significance of a normal electroencephalographic report and the plaintiff’s alleged symptoms, which no one but a qualified medical expert would be qualified … In addition, the Hearing Examiner committed error when, in his decision, he held: “The Social Security Act, as amended, clearly requires that the physical or mental impairment which results in claimant’s alleged inability

North American Natural Resources, Inc. v. Strand

252 F.3d 808 · Court of Appeals for the Sixth Circuit · Jun 5, 2001

In seeking to establish the existence of a case or controversy, the QFs rely heavily on the Third Circuit’s opinion in Freehold Cogeneration Assoc., L.P. v. … In the instant case, the *815 MPSC has disavowed any intent to interfere in the contractual relationships established under PURPA.

United States v. Harold Samour

199 F.3d 821 · Court of Appeals for the Sixth Circuit · Dec 17, 1999

Blatter, 175 F.3d 378 , 403 n. 18 (6th Cir.1999) ("We do not address defendants' belated argument that they are entitled to qualified immunity. … The phrase, "at least 3 years,” establishes a minimum, not a maximum, term of supervised release. See United States v.

Rick R. Ellison v. Cocke County, Tennessee and David Kickliter, M.D.

63 F.3d 467 · Court of Appeals for the Sixth Circuit · Aug 24, 1995

The Board of Directors of the Cocke County Ambulance Service then met to establish conditions for his return to work. … On the contrary, that language establishes that Congress intended the statute to be enforced through the imposition of criminal penalties.

Timothy Castorina, by and Through His Parent and Guardian, Patsy Rewt, Tiffany Dargavell, by and Through Her Parents and Guardians, Greg and Sandra Dargavell v. Madison County School Board Shannon Johnson William Fultz Shannon Johnson, as Superintendent of the Madison County School District William Fultz, as Principal of Madison Central High School

246 F.3d 536 · Court of Appeals for the Sixth Circuit · Mar 8, 2001

Third, Castorina and Dargavell were clearly making a personal statement in deciding to wear the Hank Williams, Jr. … After acknowledging that the question of school uniforms did not fit exactly within the three categories established by Tinker v.

Maria Kulpa v. John Cantea

708 F. App'x 846 · Court of Appeals for the Sixth Circuit · Sep 6, 2017

Plaintiff argues that the district court erred in granting the officers qualified immunity. … Because the officers seek qualified immunity, plaintiff bears the burden of showing that their acts violated a constitutional right that was clearly established at the time of the defendants’ alleged misconduct.

Cuco v. Federal Medical Center

257 F. App'x 897 · Court of Appeals for the Sixth Circuit · Dec 13, 2007

The government filed a motion to dismiss, or, in the alternative, a motion for summary judgment, on the grounds of sovereign and qualified immunity and the statute of limitations. … immunity.

Nicolette Cremeans v. Samantha Taczak

Court of Appeals for the Sixth Circuit · Aug 14, 2023

We review plaintiffs’ constitutional claim through the lens of qualified immunity, which shields public officials from personal liability unless they “violate clearly established statutory or constitutional rights of which … The right at issue here was clearly established by the Ohio Supreme Court in 1990. In State v.

Jarriett v. Wilson

Court of Appeals for the Sixth Circuit · Jul 7, 2005

Qualified immunity protects government officials from civil liability for actions taken within their official discretion insofar as these actions do not violate clearly established statutory or constitutional rights of … allegedly did was objectively unreasonable in light of the clearly established constitutional rights.”