Case law

E. Stephen Dean v. Thomas K. Byerley

354 F.3d 540 · Court of Appeals for the Sixth Circuit · Jan 8, 2004

Therefore, Dean has satisfied the second hurdle necessary to survive summary judgment based upon qualified immunity by showing that the constitutional right was clearly established. … qualified immunity. 14 *559 III.

Rita F. Marsh, Cross-Appellee v. Dorothy Arn, Delores Furrow, Cross-Appellant

937 F.2d 1056 · Court of Appeals for the Sixth Circuit · Sep 23, 1991

The scope of qualified immunity is well stated by the Supreme Court in Harlow v. … 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.’ ”); Ohio Civil Service Employees Ass’n v.

Israel E. Nelson v. Roger T. Overberg

999 F.2d 162 · Court of Appeals for the Sixth Circuit · Jul 20, 1993

[N]o qualified immunity is' available under that set of facts. Overberg filed this timely appeal. II. A denial of summary judgment on the basis of qualified immunity is appealable. Mitchell v. … Therefore, qualified immunity is not appropriate in this case.

Morabito ex rel. Estate of Morabito v. Holmes

628 F. App'x 353 · Court of Appeals for the Sixth Circuit · Oct 7, 2015

We have “jurisdiction over the legal question of qualified immunity, i.e., whether a given set of facts violates clearly established law.” Harris v. City of Circleville, 583 F.3d 356, 364 (6th Cir.2009) (citing Kirby v. … The qualified immunity inquiry for the denial of medical care similarly looks to see whether there was a violation of clearly established constitutional rights.

Lisa Price v. Montgomery County

72 F.4th 711 · Court of Appeals for the Sixth Circuit · Jul 5, 2023

To overcome a defendant’s qualified immunity defense, a plaintiff must plausibly allege that (1) the official violated a federal statutory or constitutional right, and (2) the right was “clearly established” at the time of … Miller has neither proven that violating a court order constitutes a constitutional violation, nor that such a violation is clearly established. As a result, Craycraft is entitled to qualified immunity.

Peete v. Metropolitan Government Of Nashville And Davidson County

486 F.3d 217 · Court of Appeals for the Sixth Circuit · May 22, 2007

clearly established." … The Court held that Champion's arrest and restraint by police constituted a clearly established unreasonable seizure under the Fourth Amendment and denied the police officers' argument that they were entitled to qualified

Fitzpatrick v. City of Dearborn Heights

105 F. App'x 733 · Court of Appeals for the Sixth Circuit · Jul 15, 2004

STANDARD OF REVIEW We review de novo a district court’s denial of qualified immunity. Dickerson v. McClellan, 101 F.3d 1151 , 1157 (6th Cir. 1996). DISCUSSION A qualified immunity analysis requires a two-step process. … Simakas are not entitled to qualified immunity.

Kevin Lamar Adams Bobbie Adams v. City of Auburn Hills, a Municipal Corporation, John Backstrom

336 F.3d 515 · Court of Appeals for the Sixth Circuit · Jul 21, 2003

Qualified Immunity As the Supreme Court explained in Harlow v. … Whether a defendant is entitled to qualified immunity depends on: “(1) whether the facts taken in the light most favorable to plaintiff could establish a constitutional violation; (2) whether the right was a ‘clearly established

Jacob v. Township of West Bloomfield

531 F.3d 385 · Court of Appeals for the Sixth Circuit · Jul 3, 2008

This second prong of the qualified immunity test clearly weighs in Plaintiffs favor. … claim of qualified immunity.

Jeffrey Moldowan v. Maureen Fournier

570 F.3d 698 · Court of Appeals for the Sixth Circuit · Jul 1, 2009

Defendants’ Qualified Immunity Claims Generally speaking, the rationale underlying the qualified immunity doctrine is that, “where an official’s duties legitimately require action in which clearly established rights are not … qualified immunity.

Richard Ortega v. United States Immigration & Customs Enforcement

737 F.3d 435 · Court of Appeals for the Sixth Circuit · Dec 10, 2013

In a qualified-immunity case, a court may reject the constitutional claim on either of two grounds — either because no such constitutional right existed or because the constitutional right was not clearly established at the … clearly established at the time.

Rita Johnson v. City of Saginaw

980 F.3d 497 · Court of Appeals for the Sixth Circuit · Nov 13, 2020

Analysis Cabello and Stemple appeal the denial of qualified immunity.3 “This court reviews a district court’s denial of summary judgment based on qualified-immunity grounds de novo.” Quigley, 707 F.3d at 679. … “An assertion of qualified immunity may be overcome if the defendants violated a clearly established constitutional right.” United Pet Supply, Inc. v. City of Chattanooga, 768 F.3d 464, 484-85 (6th Cir. 2014).

Hudson v. Hudson

475 F.3d 741 · Court of Appeals for the Sixth Circuit · Jan 26, 2007

does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." … IV 9 * Having determined that qualified immunity is available to these officers, we next consider whether they are entitled to it. We engage in the well-established two-step inquiry specified in Saucier v.

Latherian Harris v. City of Saginaw, Mich.

62 F.4th 1028 · Court of Appeals for the Sixth Circuit · Mar 20, 2023

We evaluate qualified immunity in two, non-sequential steps: whether “the facts alleged show the officer’s conduct violated a constitutional right” and whether that right was “clearly established.” Saucier v. … And because there is reason to believe that this arrest violated Harris’s clearly established constitutional right, none of the Officers are entitled to qualified immunity.

David Gavitt v. Bruce Born

835 F.3d 623 · Court of Appeals for the Sixth Circuit · Sep 1, 2016

“Unless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.” Mitchell v. … To the extent due process could be deemed to include such an obligation, it is not yet a matter of clearly established law and defendants are entitled to qualified immunity.

Heyne v. Metropolitan Nashville Public Schools

655 F.3d 556 · Court of Appeals for the Sixth Circuit · Aug 26, 2011

right was clearly established.” … When a defendant appeals the denial of a motion to dismiss based on qualified immunity, we review de novo whether the complaint alleges violation of a clearly established constitutional right. See Hardy v.

Risbridger v. Connelly

275 F.3d 565 · Court of Appeals for the Sixth Circuit · Jan 4, 2002

Three other circuits, on the other hand, have held that a right to refuse to identify oneself during a valid Terry stop was not clearly established for purposes of qualified immunity. See Oliver v. … Because the right must have been clearly established at the time the officer act *572 ed in order to defeat the claim to qualified immunity, we do not discuss the reasoning of these cases. .

Dayna Lee v. David Russ

33 F.4th 860 · Court of Appeals for the Sixth Circuit · May 6, 2022

The district court granted Russ qualified immunity. … Qualified immunity protects Russ unless (1) he violated Groom’s constitutional rights and (2) those rights were clearly established at the time. White v. Pauly, 137 S. Ct. 548, 551 (2017) (per curiam).

Hudson v. Hudson

475 F.3d 741 · Court of Appeals for the Sixth Circuit · Jan 26, 2007

Page 3 liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Katz, 533 U.S. 194, 200 (2001), to decide first whether the defendant’s conduct violated a federal right held by the plaintiff, id., and second whether that right was clearly established at the time of the violation.

Jack Frantz v. Village of Bradford, Shane Duffey

245 F.3d 869 · Court of Appeals for the Sixth Circuit · Apr 18, 2001

For the reasons set. forth below, we deny Duffey’s request for qualified immunity. … clearly established” and reasoned that “[t]he right must be asserted according to the Fourth Amendment because the Supreme Court, in Albright v.