Case law

Goodrich v. Everett

193 F. App'x 551 · Court of Appeals for the Sixth Circuit · Aug 24, 2006

The defendants moved for summary judgment on the ground that they were protected by qualified immunity. The district court applied the two-prong test for qualified immunity set forth in Saucier v. … “When the defense of qualified immunity is raised, it is the plaintiffs burden to prove that the state officials are not entitled to qualified immunity.” Ciminillo v. Streicher, 434 F.3d 461, 466 (6th Cir.2005).

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

Peter Wenk v. Edward O'Reilly

783 F.3d 585 · Court of Appeals for the Sixth Circuit · Apr 15, 2015

of qualified immunity, and (2) the issue appealed concerns not which facts the parties might be able to prove, but whether certain alleged facts reflect a violation of clearly established law.” … Qualified Immunity “The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights

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.

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.

Cruise-Gulyas v. Minard

918 F.3d 494 · Court of Appeals for the Sixth Circuit · Mar 13, 2019

Minard filed an interlocutory appeal, arguing that he is entitled to qualified immunity because, even assuming he violated Cruise-Gulyas's constitutional rights, those rights were not clearly established. … Qualified immunity protects police from personal liability unless they violate a person's clearly established constitutional or statutory rights. Kisela v.

Leticia Rudolph v. Daniel Babinec

939 F.3d 742 · Court of Appeals for the Sixth Circuit · Sep 20, 2019

Qualified immunity shields government officials from individual liability if they did not violate a clearly established right “of which a reasonable person” in the same situation would have known. Harlow v. … is clearly established” (emphasis added)).

Estate of Young v. Martin

70 F. App'x 256 · Court of Appeals for the Sixth Circuit · Jun 26, 2003

of clearly established law.” … Thus, it is taught that the “threshold inquiry a court must undertake in a qualified immunity analysis is whether [the] plaintiffs allegations, if true, establish a constitutional violation.” 1 Hope v.

Jamie Hamilton v. Gary T. Myers, Executive Director of the Tennessee Wildlife Resources Agency

281 F.3d 520 · Court of Appeals for the Sixth Circuit · Apr 10, 2002

Accordingly, any “objectively reasonable” action by a state officer, as assessed in the light of clearly established law at the time of the conduct at issue, will be insulated by qualified immunity. … Thus, even if a public officer has deprived the plaintiff of a federal right, qualified immunity will apply if an objectively reasonable official would not have understood, by referencing clearly established law, that his

John Allen Caldwell v. Woodford County Chief Jailer, James Moore, Harry Stephen Tracy Rick Adkins Daniel E. Clark W. Keith Broughton

968 F.2d 595 · Court of Appeals for the Sixth Circuit · Jul 1, 1992

The question whether an official is protected by qualified immunity turns on “the objective legal reasonableness” of the action, assessed in light of the legal rules that were “clearly established” at the time the action … In Russo , we granted qualified immunity to the officers and noted that the use of a taser in order to avoid a dangerous situation or the resort to even greater force did not violate clearly established law.

Abilio Hernandez v. Jason Boles

949 F.3d 251 · Court of Appeals for the Sixth Circuit · Jan 30, 2020

We therefore turn to whether the law was clearly established. 2. Clearly Established Right This brings us to the clearly-established prong of the qualified immunity inquiry. … But, to overcome qualified immunity, the clearly established law must be specific enough “to put a reasonable officer on notice that the conduct at issue was unconstitutional.” Lewis, 779 F.3d at 417.

D'Agastino v. City of Warren

75 F. App'x 990 · Court of Appeals for the Sixth Circuit · Sep 24, 2003

clearly established at the time of the alleged violation. … We have established that there are two ways in which a plaintiff seeking to overcome the bar of qualified immunity can show that a right was clearly established in the law at the time the alleged violation occurred.

Beard v. Whitmore Lake School District

402 F.3d 598 · Court of Appeals for the Sixth Circuit · Apr 4, 2005

denied the teachers’ request for qualified immunity. … Conclusion Because the searches in this case did not violate clearly established law, the defendants are entitled to qualified immunity. The denial of summary judgment is accordingly REVERSED.

Pittman v. Cuyahoga County Department of Children & Family Services

640 F.3d 716 · Court of Appeals for the Sixth Circuit · May 20, 2011

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 … She therefore is entitled to qualified immunity. A.

Cullinan v. Abramson

128 F.3d 301 · Court of Appeals for the Sixth Circuit · Dec 18, 1997

The grounds on which the defendants relied included both absolute immunity and qualified immunity. … Plaintiffs would be able to convert the rule of qualified immunity that our cases plainly establish into a rule of virtually unqualified liability simply by alleging violation of extremely abstract rights."

Sova v. City of Mt. Pleasant

142 F.3d 898 · Court of Appeals for the Sixth Circuit · Apr 24, 1998

LaLone and Officer Shell are entitled to qualified immunity. Police officers are afforded qualified immunity for their discretionary functions, Pierson v. … "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."

Owensby v. City of Cincinnati

414 F.3d 596 · Court of Appeals for the Sixth Circuit · Jul 7, 2005

Qualified Immunity 11 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 … Was Owensby's Fourteenth Amendment Right to Adequate Medical Care Clearly Established?

Nicole Howell v. Rob Sanders

668 F.3d 344 · Court of Appeals for the Sixth Circuit · Feb 2, 2012

issue [] ‘clearly established’ at the time of [the] defendant’s alleged misconduct.” … The only remaining inquiry to establish qualified immunity under Kentucky law is whether the facts suggest that Sanders acted in bad faith. See Rowan Cnty., 201 S.W.3d at 475.

Darrell Siggers-El v. David Barlow

412 F.3d 693 · Court of Appeals for the Sixth Circuit · Jun 24, 2005

The Defendant moved for summary judgment on the basis of qualified immunity, arguing that it was not clearly established that 1) a prisoner engages in protected conduct when he complains about a prison officer’s failure to … The only issue presented in this appeal is whether the district court erred in denying Defendant Barlow qualified immunity.

Derrick Maye v. Paul Klee

915 F.3d 1076 · Court of Appeals for the Sixth Circuit · Feb 14, 2019

We review orders denying qualified immunity de novo, Stoudemire v. … The second step of the qualified immunity analysis requires us to look to whether the officials’ acts violated “clearly established statutory or constitutional rights of which a reasonable person would have known.”