Case law

Dwain Barton v. Officer Martin

949 F.3d 938 · Court of Appeals for the Sixth Circuit · Feb 7, 2020

These violations were of clearly established law. Vann, therefore, is not entitled to qualified immunity for all three federal claims. … 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

Robinson v. Bibb

840 F.2d 349 · Court of Appeals for the Sixth Circuit · May 3, 1988

. * WELLFORD, Circuit Judge. 1 The question in this case is when does a judicial decision operate to strip a public official of good faith immunity by becoming "clearly established" law. … II. 5 A police officer's immunity is qualified, not absolute.

Spurlock v. Satterfield

167 F.3d 995 · Court of Appeals for the Sixth Circuit · Feb 11, 1999

The district court, however, did review defendant Coarsey's qualified immunity argument, and concluded that solicitation of false testimony for use in prosecuting an individual violates clearly established constitutional … Thus, Satterfield is not entitled to qualified immunity for these alleged acts, because they violated the plaintiffs' clearly established constitutional rights. V.

Timothy Hall v. Blake Navarre

118 F.4th 749 · Court of Appeals for the Sixth Circuit · Oct 3, 2024

Again, our reasoning is limited to the clearly established component of the qualified immunity analysis. … And it is clearly established that Barr is not entitled to qualified immunity because he was “simply following orders.” See Bunkley v.

James Williams v. Brian Maurer

9 F.4th 416 · Court of Appeals for the Sixth Circuit · Aug 17, 2021

Clearly Established Right At the second prong of the qualified immunity analysis, Plaintiffs bear the burden of showing that Defendants’ unconstitutional conduct violated clearly established law. … clearly established.

Johnny Tlapanco v. Jonathan Elges

969 F.3d 638 · Court of Appeals for the Sixth Circuit · Aug 12, 2020

These violations were of clearly established law. Elges, therefore, is not entitled to qualified immunity on these federal claims. … Callahan, 555 U.S. 223, 236–37 (2009) (permitting federal courts to skip to the clearly established prong of the qualified immunity analysis).

Key v. Grayson

179 F.3d 996 · Court of Appeals for the Sixth Circuit · Jun 9, 1999

Overview The defense of qualified immunity grants government officials engaged in discretionary activities immunity from individual liability for civil damages unless their conduct violates “clearly established statutory … established prior to 1996 in order to preclude a finding of qualified immunity.

Catherine Gossman v. Dr. David T. Allen Chris Gorman Irv Maze Darryl Owens and Harvey Sloane, Louisville & Jefferson County Board of Health

950 F.2d 338 · Court of Appeals for the Sixth Circuit · Dec 12, 1991

A government official enjoys qualified immunity if his or her conduct does not violate clearly established federal “statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … The court’s only holding directly relating to the “clearly established” issue was that “[t]he legal rights of citizens under the first amendment to the United States Constitution were clearly established at the time plaintiff

Patricia Hagans v. Franklin Cnty Sheriff's Office

695 F.3d 505 · Court of Appeals for the Sixth Circuit · Aug 23, 2012

Because the officer did not violate clearly established law by using the taser in this setting, qualified immunity protects him from this lawsuit. … Page 5 does not carefully define the right, it risks collapsing the two qualified-immunity inquiries into one, permitting the constitutional-violation inquiry always to answer the clearly established inquiry.

Brent James Nash v. Austin Bryce

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

Clearly Established Right To overcome the defendants’ qualified immunity defense, Nash ordinarily would need to show that it was “clearly established” in April 2021 that the defendants’ use of force would violate … Op. 29–30 (holding that the officers “forfeited the clearly established prong of their qualified immunity defense by failing to meaningfully contest the issue”).

Lenora Daugherty v. Donal Campbell, Alton R. Hesson, Robert W. Starbuck, Funderburk, Rita A. Starbuck, Kevin W. Daniels, Bobby L. Chessor

935 F.2d 780 · Court of Appeals for the Sixth Circuit · Aug 27, 1991

Whether an official may prevail in his qualified immunity defense depends upon the “objective reasonableness of [his] conduct as measured by reference to clearly established law.” … Before the commencement of discovery, a defendant pleading qualified immunity is entitled to dismissal if the plaintiff fails to state a claim of violation of clearly established law.

Vakilian v. Shaw

335 F.3d 509 · Court of Appeals for the Sixth Circuit · Aug 26, 2003

Qualified immunity shields government officials acting within the scope of their official duties from civil liability insofar as their conduct does not violate clearly established rights of which a reasonable person would … Therefore, we must assume, for qualified immunity purposes only, that Vakilian has established a constitutional violation

Lindsay v. Bogle

92 F. App'x 165 · Court of Appeals for the Sixth Circuit · Feb 3, 2004

Wellman, 313 F.3d 963, 969 (6th Cir.2002), the assertion of a qualified-immunity defense (even a contingent qualified-immunity defense) indicates that the defendants were aware they could be held personally hable. … Banks, 344 F.3d 587, 594 (6th Cir.2003) (noting that defendant had not moved for summary judgment on the issue of qualified immunity).

Back v. Hall

537 F.3d 552 · Court of Appeals for the Sixth Circuit · Aug 11, 2008

But the court denied the defendants’ request for qualified immunity on Back’s political-affiliation claims, holding that Back had adequately alleged a clearly established constitutional violation. … only whether the complaint “adequately alleges the commission of acts that violated clearly established law,” Mitchell v.

Waeschle v. Dragovic

576 F.3d 539 · Court of Appeals for the Sixth Circuit · Aug 14, 2009

Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right. Id. (citation omitted). … She also contends that the cornea cases serve to satisfy the second prong of Saucier' s qualified-immunity analysis because they allegedly demonstrate that the right to her mother’s brain was clearly established.

Nicholas Coffey v. Adam Carroll

933 F.3d 577 · Court of Appeals for the Sixth Circuit · Aug 5, 2019

Standard Of Review The qualified immunity doctrine protects public officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … Alternatively, for purposes of qualified immunity, the officers say it is not clearly established that entry into a misdemeanor-suspect’s home when officers are in hot pursuit constitutes an unreasonable search.

Megenity v. Stenger

27 F.3d 1120 · Court of Appeals for the Sixth Circuit · Jun 23, 1994

When an official is cloaked with absolute immunity, it is not necessary to determine whether the plaintiff has a clearly established legal right because, even if he does, no relief is forthcoming. *1124 In the qualified immunity … analysis, however, we first look to see if the plaintiff has a clearly established statutory or constitutional right.

Susan Fisler Silberstein v. City of Dayton

440 F.3d 306 · Court of Appeals for the Sixth Circuit · Mar 3, 2006

Qualified immunity protects government officials performing discretionary functions unless their conduct violates a clearly established statutory or constitutional right of which a reasonable person in the official’s position … Whether Silberstein’s First Amendment rights were clearly established Having found that no First Amendment violation occurred, we need not address the “clearly established” prong of the qualified immunity analysis.

Heflin v. Stewart County

958 F.2d 709 · Court of Appeals for the Sixth Circuit · Mar 9, 1992

The defendants now argue that the court should have submitted their qualified immunity defense to the jury. That is clearly not the law. We stated in Poe v. … Haydon, 853 F.2d 418, 424 (6th Cir.1988), that “[resolution of qualified immunity is purely a question of law.”

Anthony Novak v. City of Parma, Ohio

33 F.4th 296 · Court of Appeals for the Sixth Circuit · Apr 29, 2022

Qualified immunity protects state officers against section 1983 claims unless (1) “they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was clearly established at the time” … So to prevail on his claim, Novak must show it was clearly established that the officers lacked probable cause to arrest him. Because he hasn’t done so, the officers are entitled to qualified immunity.