Case law

Wilson v. Morgan

54 F. App'x 195 · Court of Appeals for the Sixth Circuit · Dec 17, 2002

violation could be made out on a favorable view of the parties’ submissions, was the right clearly established? … Because the facts alleged show the officers’ conduct violated a clearly established constitutional right, the officers are not entitled to qualified immunity on the unlawful arrest claim.

Toms v. Taft

Court of Appeals for the Sixth Circuit · Jul 31, 2003

Qualified immunity A. … qualified immunity.

Eugene v. Karman

889 F.2d 701 · Court of Appeals for the Sixth Circuit · Jan 22, 1990

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.... … The Supreme Court could have defined "clearly established" in the immunity context as the majority in this case has defined it, to mean "so clearly declared in existing case law that no court, advocate or legal scholar could

J.H. v. Williamson Cty., Tenn.

951 F.3d 709 · Court of Appeals for the Sixth Circuit · Feb 27, 2020

“Determinations of qualified immunity require us to answer two questions: first, whether the officer violated a constitutional right; and second, whether that right was clearly established in light of the specific context … Because we can answer the qualified immunity questions in any order, see Pearson v.

Roberts v. Ward

468 F.3d 963 · Court of Appeals for the Sixth Circuit · Nov 27, 2006

Once a defendant raises the defense of qualified immunity, a plaintiff “must plead the violation of a clearly established constitutional right.” Jackson v. Schultz, 429 F.3d 586, 589 (6th Cir. 2005). … The plaintiffs identify several clearly established constitutional rights that they claim Ward violated, preventing him from being entitled to qualified immunity.

Mcpherson v. Kelsey

125 F.3d 989 · Court of Appeals for the Sixth Circuit · Oct 1, 1997

and qualified immunity. … B 26 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 established

James Maben v. Troy Thelen

887 F.3d 252 · Court of Appeals for the Sixth Circuit · Apr 3, 2018

Finally, Thelen argued that he was protected by qualified immunity because Maben had not demonstrated that Thelen violated clearly established statutory or constitutional rights. … 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 established statutory

Allen King v. Eric Taylor

694 F.3d 650 · Court of Appeals for the Sixth Circuit · Sep 12, 2012

Taylor seeks to avoid liability by invoking the affirmative defense of qualified immunity. … ’s clearly-established right to be free from deadly force.

James Grawey v. T. Drury

Court of Appeals for the Sixth Circuit · May 28, 2009

“was clearly established at the time of defendant’s alleged misconduct.” … Clearly Established Constitutional Right The next step of our qualified immunity analysis is whether the alleged violations involved a constitutional right that was clearly established at the time of the alleged misconduct

Phillip Cordell v. Glen McKinney

759 F.3d 573 · Court of Appeals for the Sixth Circuit · Jul 16, 2014

because those rights were not clearly established. … Therefore, Cordell’s rights were clearly established as of July 20, 2009, and granting qualified immunity at this time is inappropriate. IV.

Lucas Burgess v. Gene Fischer

735 F.3d 462 · Court of Appeals for the Sixth Circuit · Nov 1, 2013

The district court granted Defendants summary judgment on all claims on the basis of qualified immunity, state law immunity, or failure to set forth sufficient facts to establish a prima facie case. … Page 6 were dismissed as duplicative municipal liability claims, while the remaining claims were dismissed based on either qualified immunity, state law immunity, or failure to establish a prima facie case.

Deanna Puskas v. Delaware Cnty., Ohio

56 F.4th 1088 · Court of Appeals for the Sixth Circuit · Jan 5, 2023

The doctrine of qualified immunity shields “government officials performing discretionary functions” from liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which … violated a clearly established constitutional right.”

Dale Phillips, II v. Karen Blair

Court of Appeals for the Sixth Circuit · Sep 3, 2019

denied them qualified immunity on the unreasonable seizure claim. … Without controlling authority clearly establishing a First Amendment right to be free from a retaliatory arrest otherwise supported by probable cause, we also reverse the denial of qualified immunity on this claim.

David Lee Carter v. Michael Dutton

16 F.3d 1218 · Court of Appeals for the Sixth Circuit · Jan 21, 1994

However, the court determined that Warden Dutton was entitled to qualified immunity on the claim for monetary damages. … 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 was taken.

John English v. Dennis Dyke Terry Pitcher Pamela Withrow and Linda Flanagan

23 F.3d 1086 · Court of Appeals for the Sixth Circuit · May 13, 1994

The second motion, based on qualified immunity, asked the court to decide whether' defendants’ • alleged actions violated plaintiffs rights under clearly established law. … The basis of defendants’ qualified immunity defense was that plaintiff failed to state a claim.

Nader v. Blackwell

545 F.3d 459 · Court of Appeals for the Sixth Circuit · Oct 29, 2008

Qualified immunity shields an official from suit even when his action violates constitutional rights, unless “the right is so clearly established that a reasonable official would understand that what he was doing violates … was lawful, in light of clearly established law and the information he possessed.”

Miller v. Administrative Office of the Courts

448 F.3d 887 · Court of Appeals for the Sixth Circuit · May 23, 2006

Whether, considering the allegations in a light most favorable to Miller, her termination violated a “clearly established” constitutional right The second step of the qualified immunity analysis is … to determine whether the constitutional right that was violated was “clearly established.”

Peete v. Metropolitan Government of Nashville

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

Michael Kinlin v. Shawn Kline

749 F.3d 573 · Court of Appeals for the Sixth Circuit · May 21, 2014

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 … Absent some such authority, the clearly-established-law prong of qualified immunity also protects Trooper Kline from liability. No. 13-3874 Kinlin v.

Kathryn Pollard v. City of Columbus, Ohio

780 F.3d 395 · Court of Appeals for the Sixth Circuit · Mar 5, 2015

Because a municipality is not entitled to qualified immunity, Owen v. … Thus, there is a clear connection between the City’s appeal and the officers’ claims of qualified immunity.