Case law

John Meyers v. City of Cincinnati, Scott Johnson, Individually and as City Manager David E. Rager, Individually and as Director of Safety

979 F.2d 1154 · Court of Appeals for the Sixth Circuit · Nov 12, 1992

This immunity is premised upon sound policy grounds: where governmental officials have duties that “legitimately require action in which clearly established rights are not implicated, the public interest may be better served … Our reasoning in that opinion establishes that the contours of public employee speech were by no means “clearly established” in early 1988. Rather, we referred to the “current somewhat imprecise standard.”

Geraldine Livermore, Personal Representative for the Estate of Roland E. Rohm, Deceased v. Daniel Lubelan and Jerry Ellsworth

476 F.3d 397 · Court of Appeals for the Sixth Circuit · Feb 7, 2007

by the plaintiff constitute a violation of clearly established law.”). … To defeat qualified immunity, the plaintiff *404 must show that the defendant had notice that the manner in which the force was used had been previously proscribed: [T]here is no doubt that [precedent] clearly establishes

Skatemore, Inc. v. Gretchen Whitmer

40 F.4th 727 · Court of Appeals for the Sixth Circuit · Jul 19, 2022

The doctrine of qualified immunity provides that “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … Assuming Plaintiffs alleged an unconstitutional taking, they have failed to show that the alleged constitutional violation was clearly established.5 The Supreme Court has cautioned courts “not to define clearly established

Patrick Stockdale v. Kim Helper

979 F.3d 498 · Court of Appeals for the Sixth Circuit · Oct 30, 2020

But because her conduct did not violate any clearly established law, qualified immunity protects her. We affirm in part and reverse in part. I. … Qualified Immunity. That leaves Helper’s qualified immunity defense against Stockdale and Dunning’s § 1983 claim.

Samuel Campbell v. City of Springboro, Ohio

700 F.3d 779 · Court of Appeals for the Sixth Circuit · Nov 29, 2012

Qualified immunity “shields government officials performing discretionary functions from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … Clearly Established Right For a right to be “clearly established,” “[t]he contours of that right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.”

Susan King v. Todd Harwood

852 F.3d 568 · Court of Appeals for the Sixth Circuit · Mar 27, 2017

to qualified immunity. . . . … , because Defendants would lose qualified immunity only if they “recklessly or knowingly” violated King’s clearly established right to be free from malicious prosecution.

Flatford v. City of Monroe

17 F.3d 162 · Court of Appeals for the Sixth Circuit · Feb 22, 1994

To withstand a motion for summary judgment on the ground of qualified immunity, the plaintiff must establish: (1) an alleged violation which implicates clearly established law, and (2) facts sufficient to create a genuine … require action in situations not implicating clearly established rights.

Pleasant View Baptist Church v. Andy Beshear

78 F.4th 286 · Court of Appeals for the Sixth Circuit · Aug 14, 2023

clearly established in the future. … To defeat the Governor’s qualified-immunity defense, they must prove that Tandon’s legal framework was “clearly established at the time” that the Governor acted. Wesby, 138 S.

Sean Hart v. City of Grand Rapids, Mich.

138 F.4th 409 · Court of Appeals for the Sixth Circuit · May 15, 2025

Because Hart has failed to meet his burden of establishing that Officer Reinink violated his clearly established rights, I would affirm the district court’s grant of qualified immunity to Officer Reinink. … Two long-established qualified immunity principles compel this result. To overcome an officer’s qualified immunity defense, “[t]he plaintiff bears the burden of showing that the right was clearly established.” Bell v.

Bomar v. City of Pontiac

643 F.3d 458 · Court of Appeals for the Sixth Circuit · Jul 1, 2011

The Supreme Court has distinguished between denials of qualified immunity at the summary judgment stage that are based on the district court’s “determination about pre-existing clearly established law” and, on the other hand … But qualified immunity is Main’s defense on the merits.

Ali v. Reno

237 F.3d 591 · Court of Appeals for the Sixth Circuit · Jan 10, 2001

Clearly, her journey back to Syria and then to the United States did not constitute flight from persecution. … Furthermore, she clearly established significant ties in Denmark, even though she did not reside in that country for an extended length of time. 1 *596 In addition, the Danish authorities’ declaration that they are no longer

Kareem Abdul Jihaad A/K/A Mitchell X. Robinson, Jr., Cross v. Joseph O'brien, Cross-Appellee

645 F.2d 556 · Court of Appeals for the Sixth Circuit · Apr 9, 1981

We reverse the judgment of the district court, however, upon our determination that the defendant established his right to qualified good faith immunity. B. … O’Brien enforced a regulation which was valid on its face and offended no “clearly established” constitutional right.

Edward Wilhelm v. John A. Boggs, Deputy, and Joseph Tanner, Deputy

290 F.3d 822 · Court of Appeals for the Sixth Circuit · May 22, 2002

issue whether the federal right allegedly infringed was clearly established.” … established law?

Ralph and Sharon Hughes v. City of North Olmsted

93 F.3d 238 · Court of Appeals for the Sixth Circuit · Aug 20, 1996

The individual defendants respond that they are all entitled to summary judgment based on qualified immunity because they did not violate a clearly established constitutional right. … In the present case, the defendants should have been granted qualified immunity because there is no evidence that the investigation violated a clearly established constitutional right.

Hoard v. Sizemore

198 F.3d 205 · Court of Appeals for the Sixth Circuit · Nov 17, 1999

immunity, i.e., whether a given set of facts violates clearly established law.” … violated clearly established law.

Salem v. Michigan Department of Corrections

643 F. App'x 526 · Court of Appeals for the Sixth Circuit · Mar 9, 2016

As for the individual-capacity claims, Defendants invoked qualified immunity, arguing that the strip searches violated no clearly established constitutional rights. … To defeat a claim of qualified immunity, a plaintiff must show: (1) that the defendant violated a constitutional right, and (2) that right was clearly established at the time of the defendant’s actions. Pearson v.

Larry Richardson v. Nathan Falk

Court of Appeals for the Sixth Circuit · Aug 6, 2026

clearly established. … Because Falk did not violate a clearly established constitutional right, he is entitled to qualified immunity. III.

Lyons v. City of Xenia

90 F. App'x 835 · Court of Appeals for the Sixth Circuit · Jan 27, 2004

Because we conclude as a matter of law that Officer Keith did not violate any clearly-established constitutional rights, we reverse the district court’s judgment denying her qualified immunity. … defendant did acts that violated clearly established rights.”

Dominguez v. Correctional Medical Services

555 F.3d 543 · Court of Appeals for the Sixth Circuit · Feb 17, 2009

“Under the doctrine of qualified immunity, ‘government officials performing discretionary functions generally are shielded from liability from civil damages insofar as their conduct does not violate clearly' established statutory … Clearly Established Right “For a right to be clearly established, ‘[t]he contours of the right must be sufficiently clear that a reasonable official would understand that what [she] is doing violates that right.’ ” Feathers

Wilbur Barnes v. Tony Wright

449 F.3d 709 · Court of Appeals for the Sixth Circuit · Jun 2, 2006

Qualified Immunity “[T]he Supreme Court [has] held that ‘government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … Second, we consider whether the violation involved a clearly established constitutional right of which a reasonable person would have known.