Case law

Chavez v. Carranza

559 F.3d 486 · Court of Appeals for the Sixth Circuit · Mar 17, 2009

Excluded also from calculation of the statute of limitations would be the period when a defendant has immunity from suit. … Likewise, if Carranza were living in El Salvador, he would likely be immune from suit.

Estate of Billy Collins, Jr. v. Stephen Wilburn

Court of Appeals for the Sixth Circuit · Nov 15, 2018

After a defense of qualified immunity is raised, the burden shifts to the plaintiff to demonstrate that the defendants violated a right that was so clearly established “that every ‘reasonable official would have understood … issue “clearly established” at the time of defendant’s alleged misconduct.

Victor Taylor v. Scott Jordan

10 F.4th 625 · Court of Appeals for the Sixth Circuit · Aug 23, 2021

Ct. at 1747 (parties agreed Foster established a prima facie case where prosecutor struck all four African American jurors who qualified to serve); Miller-El v. … 6“A legal principle is ‘clearly established’ within the meaning of this provision only when it is embodied in a holding.”

Walsh v. United Parcel Serv

Court of Appeals for the Sixth Circuit · Jan 6, 2000

of establishing that he or she is “otherwise qualified” for 10 Walsh v. United Parcel Service No. 98-6466 No. 98-6466 Walsh v. … The burden of establishing that the proposed for treatment of her Psoriasis.

Edward R. Butler v. Richard P. Seiter

927 F.2d 603 · Court of Appeals for the Sixth Circuit · Mar 7, 1991

We find no merit to either contention. 5 Qualified immunity shields government officials performing discretionary functions from civil damages, as long as their conduct "does not violate clearly established statutory or constitutional … Adoption of such a strict standard would tend to convert qualified immunity into absolute immunity.

United States v. William Sanders

470 F.3d 616 · Court of Appeals for the Sixth Circuit · Dec 15, 2006

Sanders argues that the facially inconsistent documents cannot establish that he was convicted of either robbery or burglary, and the district court should not have counted this conviction as a predicate violent felony. * … Nonetheless, to the extent he has not waived the issue, we affirm the district court's conclusion that it does qualify as a violent felony. 7 .

Philip Berryman v. Dean Regiler, C. Kukla, and Diane Holzhuer

47 F.3d 1167 · Court of Appeals for the Sixth Circuit · Jan 26, 1995

immunity. … The defendants did not raise their qualified immunity defense in their motion below.

Millard Griffith, John Baker and Bernice Mays v. Bell-Whitley Community Action Agency

614 F.2d 1102 · Court of Appeals for the Sixth Circuit · Jan 31, 1980

They argue that the Tort Claims Act is a limited waiver of sovereign immunity applicable only where the government supervises the tortfeasor’s daily operations. … The previously carved out exceptions are that a suit may sometimes be dismissed for want of jurisdiction where the alleged claim under the Constitution or federal statutes clearly appears to be immaterial and made solely

Ledford v. United States

155 F.2d 574 · Court of Appeals for the Sixth Circuit · May 31, 1946

The argument of the attorney for appellants that there was insufficient proof to establish the guilt of the defendants is without reasonable foundation. … A criminal conspiracy may be established by circumstantial evidence.

In Re: Bernard L. Zaptocky and Gloria J. Zaptocky, Debtors. David O. Simon, Chapter 7 Trustee v. Chase Manhattan Bank

250 F.3d 1020 · Court of Appeals for the Sixth Circuit · May 22, 2001

However, Ohio courts have not explicitly established a per se rule that precludes a parly from relying solely on the mortgagor’s testimony to establish that a mortgage has been improperly executed. In Paramount v. … Second, although this court has held that the Bankruptcy Code’s strong arm clause does not immunize a trustee who has constructive knowledge of a prior mortgage, it is quite clear that Simon did not have constructive knowledge

Brubaker v. United States

183 F.2d 894 · Court of Appeals for the Sixth Circuit · Aug 10, 1950

The present circumstances are clearly distinguished from those in United States v. Di Re, supra. Here, Brubaker was not merely a passenger in the car of a law violator. … Constitutional immunity from unreasonable search and seizure is personal and may not be availed of by one who denies ownership or possession. Ingram v. United States, 9 Cir., 113 F.2d 966 ; Remus v.

Gary Eggleton v. John Gluch, James Graham and Bryan Bledsoe

916 F.2d 712 · Court of Appeals for the Sixth Circuit · Oct 15, 1990

"[B]are allegations of malice are insufficient to defeat a claim of qualified immunity if a government official's conduct does not violate 'clearly established statutory or constitutional rights of which a reasonable person … Defendants are therefore protected from liability by the qualified immunity doctrine.

Bromley v. Parisian, Inc.

55 F. App'x 232 · Court of Appeals for the Sixth Circuit · Dec 20, 2002

In order to qualify as opposition activity, the actions of the plaintiff need not formally invoke the protection of ELCRA. See McLemore v. … Rather, it clearly asserted that Bromley herself believed that the conduct of the company was illegal.

John Cook v. David Boss

Court of Appeals for the Sixth Circuit · Jan 27, 2025

Qualified immunity protects police officers from suits for damages when their acts did not violate clearly established constitutional rights. Crawford v. Tilley, 15 F.4th 752, 760 (6th Cir. 2021). … He has not carried his burden to overcome qualified immunity. First, he has established no rights violation.

Safeco Insurance Co. of America v. City of White House

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.

Green Party of Tennessee v. Tre Hargett

791 F.3d 684 · Court of Appeals for the Sixth Circuit · Jul 2, 2015

In contrast, Tennessee’s ballot-retention statute clearly imposes a heavier burden on minor parties than major parties by giving minor parties less time to obtain the same level of electoral success as established parties … Plaintiffs have sufficiently established that they suffered an injury due to the Tennessee statute.

Estate of Nicholas E. McMain v. City of Hartford, Ky.

Court of Appeals for the Sixth Circuit · Jul 21, 2023

Qualified-Immunity Standard All individual defendants assert that they are entitled to qualified immunity. … Because that right was clearly established at the time of McMain’s death, we next consider whether the defendants’ conduct violated McMain’s Eighth Amendment rights. C.

United States of America, Ex Rel. Maxine Jones v. Horizon Healthcare Corporation

160 F.3d 326 · Court of Appeals for the Sixth Circuit · Jan 11, 1999

However, because federal courts are courts of limited jurisdiction, the plaintiff bears the burden of establishing jurisdiction. Id. III. … Clearly, the complaint claims that the false forms were deliberately prepared or allowed to remain in a false version, presumably to be submitted to the government.

Madyum v. Campbell

914 F.2d 257 · Court of Appeals for the Sixth Circuit · Sep 13, 1990

The doctrine of qualified immunity protects government officials from liability unless the conduct complained of violates clearly established statutory or constitutional rights. Harlow v. … Government officials engaged in the performance of discretionary functions are accorded qualified immunity from suit for money damages so long as their conduct "does not violate clearly established statutory or constitutional

Kaelin v. Grubbs

682 F.2d 595 · Court of Appeals for the Sixth Circuit · Jul 9, 1982

Nappi, however, did not hold that handicapped children were immune from school discipline. … (c) Any change in placement shall be subject to established admissions and release committee procedures and consideration of the least restrictive environment concept.