Case law

Larry U. Josey Harry H. Lloyd Robert Gibson v. William Salisbury, Leonard Riccinto the City of Detroit

14 F.3d 601 · Court of Appeals for the Sixth Circuit · Nov 18, 1993

He discovered evidence of crack cocaine and money that clearly supported Riccinto's report to him. 3 20 We find no basis for denying Salisbury's claim of qualified immunity under these circumstances. … CITY OF DETROIT 21 The City of Detroit is not before us on any claim of good faith or qualified immunity as are the individual defendants in this appeal.

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.

Silberstein v. City of Dayton

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

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.

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.

David Ermold v. Kim Davis

130 F.4th 553 · Court of Appeals for the Sixth Circuit · Mar 6, 2025

Qualified Immunity Davis argues that she is entitled to qualified immunity because she did not violate any right that Obergefell “clearly established.” Appellant’s Brief at 42–50. … Qualified immunity protects government officials from personal liability so long as they do not violate a plaintiff’s “clearly established” constitutional rights. Pearson v.

Revis v. Meldrum

489 F.3d 273 · Court of Appeals for the Sixth Circuit · Apr 19, 2007

The analysis of qualified immunity generally proceeds through a two-step inquiry. … Eaton is entitled to qualified immunity for the violation Having determined that Deputy Eaton did in fact violate one of Revis’s constitutional rights, we next evaluate “whether the right is so ‘clearly established

Allan Josephson v. Toni Ganzel

115 F.4th 771 · Court of Appeals for the Sixth Circuit · Sep 10, 2024

“Qualified immunity shields government officials in the performance of discretionary functions from standing trial for civil liability unless their actions violate clearly established rights.” McDonald v. … We therefore proceed to the next step in our qualified-immunity analysis. See McDonald, 814 F.3d at 812. B. Were Josephson’s Rights Clearly Established?

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.

Bakos v. City of Olmsted Falls

73 F. App'x 152 · Court of Appeals for the Sixth Circuit · Aug 19, 2003

“Qualified immunity grants government officials engaged in discretionary activities immunity from individual liability for civil damages unless their conduct violates ‘clearly established statutory or constitutional rights … Therefore, Defendants are entitled to qualified immunity on this claim. 2.

Evans-Marshall v. Board Of Education

428 F.3d 223 · Court of Appeals for the Sixth Circuit · Nov 1, 2005

Because I find that the alleged Constitutional violation was not "clearly established," I would grant qualified immunity to the individual defendants. … interest may make it more difficult to find the law `clearly established' when assessing claims of qualified immunity."); Borucki v.

Barron v. Livingston

42 F. App'x 793 · Court of Appeals for the Sixth Circuit · Aug 13, 2002

Qualified immunity protects government officials performing discretionary functions from liability for civil damages as long as “ ‘their conduct does not violate clearly established statutory or constitutional rights of which … In order to survive a defendant’s assertion of qualified immunity, the plaintiff must allege sufficient facts to show that the defendant’s conduct violated a clearly established constitutional right. Saucier v.

Center for Bio-Ethical Reform, Inc. v. City of Springboro

477 F.3d 807 · Court of Appeals for the Sixth Circuit · Feb 20, 2007

Plaintiffs’ Rights Were Clearly Established Qualified immunity does not protect those who knowingly violate the law. Malley v. … To decide whether qualified immunity is proper, we again consider whether Defendants violated a “clearly established” constitutional right. Saucier, 533 U.S. at 207.

Wolfel v. Morris

972 F.2d 712 · Court of Appeals for the Sixth Circuit · Sep 23, 1992

The defendants reassert their defense of qualified immunity. 35 Government officials who perform discretionary functions and whose conduct does not violate clearly established statutory or constitutional rights of which a … reasonable person would have known are entitled to qualified immunity.

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.

Dunn v. Matatall

549 F.3d 348 · Court of Appeals for the Sixth Circuit · Dec 1, 2008

Second, we consider *353 whether the violation involved a clearly-established constitutional right of which a reasonable person would have known. … Third, we determine whether the plaintiff has offered sufficient evidence to indicate that what the official allegedly did was objectively unreasonable in light of the clearly established constitutional rights.

James Rogers v. Sheriff Nelson O'Donnell

737 F.3d 1026 · Court of Appeals for the Sixth Circuit · Dec 16, 2013

The court held Jennifer Smith was protected by qualified immunity, however, because plaintiffs had not alleged facts making out a violation of any clearly established constitutional right. … Sanders, 668 F.3d 344, 355 (6th Cir. 2012) (“Similar to federal law, Kentucky offers both absolute immunity and qualified immunity to prosecutors.

Christophel v. Kukulinsky

61 F.3d 479 · Court of Appeals for the Sixth Circuit · Aug 3, 1995

immunity because they had not violated a clearly established constitutional right to procedural due process. … a plaintiff is "clearly established" at the time the defendant acted is the determination of whether the plaintiff has asserted a violation of a constitutional right at all.

Bouggess v. Mattingly

Court of Appeals for the Sixth Circuit · Apr 16, 2007

The Supreme Court has held that defendants in such suits are entitled to qualified immunity from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights … In other words, an officer will be denied qualified immunity if he violates a statutory or constitutional right that was “so clearly established when the acts were committed that any officer in the defendant’s position, measured

Toms v. Taft

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

Qualified immunity A. … qualified immunity.