Case law

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.

Brannum v. Overton Cnty Sch Bd

Court of Appeals for the Sixth Circuit · Feb 20, 2008

Under the qualified immunity doctrine, public officials cannot be held liable for violating a person’s constitutional rights unless the right was clearly established at the time of the alleged improper conduct. … Creighton, 483 U.S. 635 (1987), the Supreme Court articulated the meaning of “clearly established” in the context of the defense of qualified immunity: The contours of the right must be sufficiently clear that a reasonable

Carver v. City of Cincinnati

Court of Appeals for the Sixth Circuit · Jan 18, 2007

repeatedly without ever becoming clearly established. … established right in order to overcome the officers’ motion to dismiss on the basis of qualified immunity.

Scicluna v. Wells

Court of Appeals for the Sixth Circuit · Oct 2, 2003

Doctrine of qualified immunity suffice. See Fed. R. Civ. … Scicluna testified in his deposition that he told Carrizales of the conflict situation with O’Sullivan and of the relevant “If the law was clearly established, the immunity defense MDOC regulations.

Griffith v. Coburn

473 F.3d 650 · Court of Appeals for the Sixth Circuit · Jan 10, 2007

Katz, the Supreme Court established a two-pronged inquiry to determine an official's entitlement to qualified immunity in the context of an excessive force claim. … The court held that the district court's grant of summary judgment on the basis of qualified immunity was not proper because the officers had violated Drummond's clearly established rights. Id. at 1062.

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.

Clemente v. VASLO

679 F.3d 482 · Court of Appeals for the Sixth Circuit · May 15, 2012

Page 8 “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 of which … Short of threatening termination, what public employers could do to obtain an employee’s consent to conduct an inspection was not clearly established. Duchane and Bartok are thus entitled to qualified immunity.

Timothy Finley v. Erica Huss

102 F.4th 789 · Court of Appeals for the Sixth Circuit · May 22, 2024

Clearly Established Law Proving an Eighth Amendment violation isn’t enough to defeat qualified immunity. … It also denied her qualified immunity because the inmate’s “right to have a serious psychological illness treated seriously” was “clearly established.” Id. at 270.

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.

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.

"Tony" L. ex rel. Simpson v. Childers

71 F.3d 1182 · Court of Appeals for the Sixth Circuit · Dec 20, 1995

Similarly, the court held that no legal authority clearly established that CAPTA creates enforceable rights. Id. at 227. Plaintiffs appeal the district court’s grant of qualified immunity on both claims. … Thus, we need not reach the question of whether such rights were clearly established for purposes of qualified immunity. We AFFIRM. .

Elizabeth A. Brandon and James D. Muse, Cross-Appellants v. Robert J. Allen, Defendant-Cross-Appellee, E. Winslow Chapman, Cross-Appellee

719 F.2d 151 · Court of Appeals for the Sixth Circuit · Oct 11, 1983

We need not reach this question because Director Chapman is protected by the qualified immunity. … , coupled with good-faith belief, that affords a basis for qualified immunity of executive officers for acts performed in the course of official conduct.

Curtis W. Morrison v. Judge Willie Lipscomb and Judge Harold Ryan, Judge Adam Shakoor and Does I Thru V

877 F.2d 463 · Court of Appeals for the Sixth Circuit · Jun 8, 1989

A government official performing a discretionary function is entitled to qualified immunity from a suit for damages if the official has not violated “clearly established constitutional rights of which a reasonable official … We AFFIRM, on the basis of qualified immunity, the dismissal of defendant Shakoor. . Mich. Comp.

Anas Elhady v. Unidentified CBP Agents

18 F.4th 880 · Court of Appeals for the Sixth Circuit · Nov 19, 2021

And because the court also found that this right was clearly established, it held that qualified immunity did not protect Bradley. Bradley appeals the denial of qualified immunity. … There, the Fifth Circuit resolved the case based on qualified immunity’s clearly established prong. See Hernandez v. United States, 785 F.3d 117, 120–21 (5th Cir. 2015) (en banc).

Deborah Coker, as Next Friend on Behalf of Craig Coker v. James Henry, Cindy Doyle and Rick Zimmerman

25 F.3d 1047 · Court of Appeals for the Sixth Circuit · May 25, 1994

The district court agreed and dismissed the complaint in its entirety, finding that defendants were entitled to qualified immunity because foster children's rights to be free from unnecessary harm were not clearly established … To defeat qualified immunity, a plaintiff must first demonstrate that the defendant has violated a clearly established right. Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982).

Lyons v. Xenia

Court of Appeals for the Sixth Circuit · Aug 4, 2005

The constitutional and non-constitutional questions in a qualified immunity case overlap, and it often may be difficult to decide whether a right is clearly established without deciding precisely what the existing constitutional … Was the Right Clearly Established?

Luke Waid v. Darnell Earley

960 F.3d 820 · Court of Appeals for the Sixth Circuit · Jun 2, 2020

The district court recognized that Mitchell “established that qualified immunity grants ‘immunity from suit rather than a mere defense to liability.’” Id. at 6 (Page ID #23412) (quoting Mitchell, 472 U.S. at 526). … address qualified immunity promptly.”

Moldowan v. City of Warren

573 F.3d 309 · Court of Appeals for the Sixth Circuit · Jul 23, 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.

Buck Ryan v. David Blackwell

979 F.3d 519 · Court of Appeals for the Sixth Circuit · Nov 3, 2020

Furthermore, because Ryan failed to allege a violation of a clearly established constitutional right, he is not able to overcome qualified immunity. II. … The qualified immunity doctrine prevents government actors from being held liable for “conduct [that] does not violate clearly established statutory or 1 An adverse action may occur when there is a significant