Case law

Zulock v. Shures

441 F. App'x 294 · Court of Appeals for the Sixth Circuit · Dec 22, 2010

Qualified immunity recognizes that the public interest is best served when officials can act “with independence and without fear of consequences” so long as their actions do not violate clearly established rights. … The second prong of the Saucier qualified immunity analysis asks whether *303 the constitutional violation in question “involved a clearly established constitutional right of which a reasonable person would have known.”

Thomas Leonard v. Stephen Robinson, in His Individual Capacity

477 F.3d 347 · Court of Appeals for the Sixth Circuit · Feb 2, 2007

Robinson has asserted the defense of qualified immunity. … “Qualified immunity is an affirmative defense that shields government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a

Humes v. Gilless

108 F. App'x 266 · Court of Appeals for the Sixth Circuit · Aug 10, 2004

Thus, we may review “the legal question of qualified immunity, i.e., whether a given set of facts violates clearly established law.” Mattox v. City of Forest Park, 183 F.3d 515, 519 (6th Cir.1999). … Qualified Immunity “[Gjovernment officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional

Knisley v. Pike County Joint Vocational School District

604 F.3d 977 · Court of Appeals for the Sixth Circuit · May 14, 2010

The defendants may still be entitled to qualified immunity if their actions did *982 not “violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Our Circuit’s clearly established ease law on this issue put the school and its employees on notice that this search was unconstitutional, so defendants are not entitled to qualified immunity protection.

Hickman v. Laskodi

45 F. App'x 451 · Court of Appeals for the Sixth Circuit · Aug 30, 2002

Laskodi contends that the doctrine of qualified immunity shields him from liability on Hickman’s claim. We review the district court’s denial of qualified immunity de novo. Blake v. … Under the doctrine of qualified immunity, government officials performing discretionary functions will not incur liability for civil damages “insofar as their conduct does not violate clearly established statutory or constitutional

Kenneth E. Hardy v. Jefferson Community College and Kentucky Community and Technical College System, Mary Pamela Besser and Richard Green

260 F.3d 671 · Court of Appeals for the Sixth Circuit · Aug 15, 2001

Green and Besser then filed a motion to alter or amend the district court’s ruling that they were not entitled to qualified immunity, asserting that “the right to free speech in the classroom setting is not clearly established … Standard of review The doctrine of qualified immunity shields government officials from liability, as well as from suit, so long as their official conduct “does not violate clearly established statutory or constitutional

Lauren Kesterson v. Kent State Univ.

967 F.3d 519 · Court of Appeals for the Sixth Circuit · Jul 23, 2020

whether the right was clearly established or not. … On the second prong of qualified immunity, I agree with the majority that to determine whether a law is clearly established, we need not find a case “directly on point.” (Maj.

Myers v. Potter

422 F.3d 347 · Court of Appeals for the Sixth Circuit · Sep 7, 2005

violated, and (2) whether that right was clearly established.” … by Officer Hutchins was clearly established at the time Myers was taken into police custody.

Jones v. City of Cincinnati

521 F.3d 555 · Court of Appeals for the Sixth Circuit · Apr 4, 2008

Police enjoy qualified immunity unless (1) the facts alleged show that the police violated a constitutional right; and (2) the right was clearly established. Saucier v. … We have already rejected defendants’ contention that the officers should receive qualified immunity.

Sabo v. City of Mentor

657 F.3d 332 · Court of Appeals for the Sixth Circuit · Sep 12, 2011

Tkach appeals the district court’s denial of qualified immunity. … ) the issue appealed concerned whether a given set of facts showed a violation of clearly established law.

Willis v. Neal

247 F. App'x 738 · Court of Appeals for the Sixth Circuit · Sep 7, 2007

Willis also bears the burden of establishing that the defendants are not entitled to qualified immunity. Smoak v. Hall, 460 F.3d 768, 778 (6th Cir.2006). … This court has previously held, as did the district court, that Tennessee law provides qualified or good faith immunity of government employees for state law torts. Rogers v.

Joseph v. Patterson

795 F.2d 549 · Court of Appeals for the Sixth Circuit · Jul 2, 1986

If the law which the defendant’s conduct is alleged to have violated is clearly established, then the qualified immunity defense must fail and discovery proceed. … If the law is not clearly established, the defendant is immune and summary judgment is proper. Windsor, 719 F.2d at 165 .

May v. Franklin County Board of Commissioners

59 F. App'x 786 · Court of Appeals for the Sixth Circuit · Mar 12, 2003

that he had qualified immunity. … Pelletier, 516 U.S. 299, 307 , 116 S.Ct. 834 , 133 L.Ed.2d 773 (1996) (“Mitchell clearly establishes that an order rejecting the defense of qualified immunity at either the dismissal stage or the summary-judgment stage is

William Cass v. City of Dayton

770 F.3d 368 · Court of Appeals for the Sixth Circuit · Oct 16, 2014

In the alternative, the district court held that House was entitled to qualified immunity because Jordan’s constitutional rights were not clearly established. … There are two general steps to the qualified immunity analysis.

Brindley v. Best

192 F.3d 525 · Court of Appeals for the Sixth Circuit · Sep 22, 1999

Qualified Immunity Government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate “clearly established statutory or constitutional … clearly established rights.

William Donta, Jr. v. Thomas Hooper Charles F. Hunter Larry Brooks Floyd Rose Jeff Altherr Jack Morgan James Mannering Anthony Robinson, State of Ohio

774 F.2d 716 · Court of Appeals for the Sixth Circuit · Oct 11, 1985

If the law which the defendant is alleged to have violated is clearly established, then the qualified immunity defense should fail and discovery should proceed. … We also, however, find no reason to disturb the verdict that the officers were entitled to qualified immunity because they did not violate a clearly established federal rule by arresting Donta on the basis of the teletype

Young v. Martin

51 F. App'x 509 · Court of Appeals for the Sixth Circuit · Oct 21, 2002

a violation of clearly established law.” … Qualified Immunity Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly

Crosby v. University of Kentucky

863 F.3d 545 · Court of Appeals for the Sixth Circuit · Jul 17, 2017

The doctrine of qualified immunity protects “government officials performing discretionary functions ,.. from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … The closest precedent in this circuit, in fact, noted that this area of law was not so clearly established as to overcome the defense of qualified immunity. See Garvie v.

Murray-Ruhl v. Shiawassee

246 F. App'x 338 · Court of Appeals for the Sixth Circuit · Aug 29, 2007

Katz’s two-pronged qualified immunity analysis asks whether the constitutional right at issue was clearly established. … Garner provides a “clearly established” right that fulfills the second prong of the qualified immunity analysis. Did Jenkins’s Conduct Violate a Constitutional Right?

Parks v. Warren Correctional Institution

51 F. App'x 137 · Court of Appeals for the Sixth Circuit · Nov 13, 2002

allegedly infringed was “clearly established[.]” … cannot review the issue of qualified immunity.