Case law

Paul Wallace v. Robert Mamula and City of Steubenville

30 F.3d 135 · Court of Appeals for the Sixth Circuit · Jul 26, 1994

"Government officials performing discretionary functions are afforded qualified immunity, shielding them from civil damages, as long as their conduct 'does not violate clearly established statutory or constitutional rights … The court found that the defendants were entitled to qualified immunity because they did not violate a clearly established right since Johnson was arrested for his act of refusing to admit the officers, not for his speech

Communities for Equity v. Michigan High School Athletic Association

459 F.3d 676 · Court of Appeals for the Sixth Circuit · Aug 16, 2006

Such an intent, according to the Court, was found in the comprehensive procedures and guarantees established in the EHA. Id. … The district court therefore determined that MHSAA qualifies as providing a “public service” under Michigan law.

Robert Kalvitz v. City of Cleveland

Court of Appeals for the Sixth Circuit · Feb 21, 2019

Qualified immunity shields public officials from suit under § 1983 unless their conduct violated clearly established constitutional rights. See District of Columbia v. Wesby, 138 S. Ct. 577, 589 (2018). … And second, that the violation was “clearly established at the time.” Id. (internal quotation marks omitted).

Lee v. Hefner

136 F. App'x 807 · Court of Appeals for the Sixth Circuit · Jun 7, 2005

immunity. … Even if a constitutional violation had occurred, Hefner was entitled to qualified immunity. The qualified immunity analysis is well-established.

Thomas Calvey v. Village of Walton Hills, Ohio

Court of Appeals for the Sixth Circuit · Jan 19, 2021

The district court also found that qualified immunity applied to bar Plaintiff’s claims against Kwiatkowski and Cercek. … right, and (2) that the right was ‘clearly established’ at the time of the challenged conduct.”

National Broadcasting Company, Inc. v. Jackie Presser

828 F.2d 340 · Court of Appeals for the Sixth Circuit · Jul 31, 1987

. ----, 106 S.Ct. 2735 , 92 L.Ed.2d 1 , decided June 30, 1986, and concluded that NBC had not satisfied a "two-pronged test" set forth by the Court to establish a qualified right of access to the principal materials sought … Rather, from the premise that there is "clearly a tradition of accessibility to disqualification proceedings " (emphasis added), the court leaps to the conclusion that there is a first amendment qualified right of access

Campbell v. Stamper

244 F. App'x 629 · Court of Appeals for the Sixth Circuit · Jul 2, 2007

In a § 1983 action in which a defendant claims the protection of qualified immunity, such as the one here under review, the court must follow a two-step process in evaluating that defendant’s claim of immunity. … would be entitled to qualified immunity because any violation of Campbell’s rights did not implicate his clearly established constitutional rights.

Reynosa v. Schultz

282 F. App'x 386 · Court of Appeals for the Sixth Circuit · Jun 23, 2008

immunity.” … Katz, the Supreme Court wrote: “If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.” 533 U.S. 194, 201 (2001); see

Murphy v. Cockrell

Court of Appeals for the Sixth Circuit · Oct 4, 2007

Elrod-Branti Exception Cockrell argues that even if Murphy was discharged because of her political beliefs and expressions, she is entitled to qualified immunity under the Elrod-Branti exception. … Therefore, we find that Cockrell is not entitled to qualified immunity under the Elrod-Branti exception. 2.

Grubb v. W.A. Foote Memorial Hospital, Inc.

741 F.2d 1486 · Court of Appeals for the Sixth Circuit · Aug 20, 1984

Since Carl did not have a supervisor under him at Foote East, he presumably did some of those things himself, but his appointment as laundry director for the combined hospitals clearly established him in the administrative … Refer staff members as candidates for vacant positions within the department for which they are qualified. 5. Refer staff members as candidates for vacant positions throughout the Hospital for which they arc qualified.

City of Cleveland v. State of OH

Court of Appeals for the Sixth Circuit · Nov 21, 2007

Page 3 Program is delivered consistent with established requirements.” JA at 278. … The “crucial inquiry” in this analysis is “whether Congress spoke so clearly that [the court] can fairly say that the State could make an informed choice.” Id. at 25.

Safeco Insurance Company of America and Eatherly Construction Company, Plaintiffs-Appellants/cross-Appellees v. City of White House, Tennessee, Defendant-Appellee/cross-Appellant, United States Environmental Protection Agency, Intervenor-Appellee

191 F.3d 675 · Court of Appeals for the Sixth Circuit · Sep 20, 1999

[O]n the issue of breach, there is clearly a genuine issue of material fact concerning Eatherly's good faith." Ibid. … In the somewhat-related field of qualified immunity, even in circuits where judges rule on the reasonableness of state actors, juries still decide issues of material fact. See, e.g., Sharrar v.

United States v. Baker

501 F.3d 627 · Court of Appeals for the Sixth Circuit · Aug 29, 2007

The district court found that Baker had not established that the shotgun was held for collection. The district court thus overruled Baker’s objection and sentenced him to ten months. … individual Guidelines determinations, we accept the district court’s factual findings unless clearly erroneous, United States v.

The Detroit Edison Company v. East China Township School District No. 3

378 F.2d 225 · Court of Appeals for the Sixth Circuit · Jun 2, 1967

Sims, 377 U.S. 533, 554 , 84 S.Ct. 1362, 1378 , 12 L.Ed. 2d 506 (1954), for example, recognized that "all qualified voters have a constitutionally protected right to vote" (referring of course to the right to vote for a " … Clearly, many of the sections included in the reference to §§ 1971-1995 inclusive of 42 U.S. C.A. are inapplicable in this case.

Cheryl Sinclair v. Lauderdale County, Tenn.

652 F. App'x 429 · Court of Appeals for the Sixth Circuit · Aug 24, 2016

However, qualified immunity “gives ample room for mistaken judgments by protecting all but the plainly incompetent or those who knowingly violate the law,” Hunter v. … Bornhorst, 513 F.3d 503, 511 (6th Cir. 2008) (“[A]n arresting agent 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

United States v. Gembala

27 F. App'x 475 · Court of Appeals for the Sixth Circuit · Nov 6, 2001

However, a review of the record in the instant case establishes that the district court did not err when it concluded that Gembala had intended to burn down the bar. … Because the evidence clearly reflects that Gembala attempted to burn down a building which contained a dwelling, he qualified for an enhancement under USSG § 2K1.4(a)(l)(B).

Hussain Alfatlawy v. City of Detroit, Mich.

Court of Appeals for the Sixth Circuit · Oct 31, 2024

The sole issue on appeal is the district court’s denial of qualified immunity as to Alfatlawy’s § 1983 unlawful arrest claim against Charles and Smith. … Charles and Smith bring an interlocutory appeal from the denial of summary judgment, challenging the district court’s denial of qualified immunity.

United States v. Duane Berry

911 F.3d 354 · Court of Appeals for the Sixth Circuit · Dec 19, 2018

For his part, Berry is convinced that, in addition to his status as a trustee of Bank of America’s assets, he is a government agent and thus is immune from federal prosecution for any acts the government claims he has committed … In these circumstances, we are hesitant to establish a per se rule either that five years is enough, or not enough.

Jaimes v. Lucas Metropolitan Housing Authority

833 F.2d 1203 · Court of Appeals for the Sixth Circuit · Feb 3, 1988

Sec. 1404a waives the sovereign immunity of the United States Department of Housing and Urban Development. … I believe that this court should clearly specify what provisions of the order of the district court are "void," and/or which provisions set out unlawful or improper racial preferences in tenant assignments.

Matovski v. Gonzales

492 F.3d 722 · Court of Appeals for the Sixth Circuit · Jun 15, 2007

After the Department of Labor earlier found there were insufficient qualified United States workers to perform the Nikolic work and the INS found Matovski was qualified for the position, the INS denied the petitioners’ Application … However, during the second stage of a removal proceeding, an alien who is an applicant for admission maintains the burden of establishing that he or she is “clearly and beyond doubt entitled to be admitted and is not inadmissible