Case law

Jacob v. West Bloomfield

Court of Appeals for the Sixth Circuit · Jul 3, 2008

Only after this first step has been resolved in favor of the plaintiff may a court consider the second step of the qualified immunity analysis: “whether the right was clearly established” at the time of the violation. … This second prong of the qualified immunity test clearly weighs in Plaintiff’s favor.

Andrew Neuens v. City of Columbus, Officer Isaac Bridges

303 F.3d 667 · Court of Appeals for the Sixth Circuit · Sep 12, 2002

ANALYSIS Bridges’ interlocutory appeal is properly before us because his claim for qualified immunity was denied by the district court. … respect to the issue of qualified immunity.

Marquetta Williams v. City of Canton, Ohio

Court of Appeals for the Sixth Circuit · Mar 6, 2026

Clearly Established Law Yet qualified immunity shields officers from damages liability for constitutional violations unless they act in a “plainly incompetent” manner or “knowingly violate the law.” … To overcome a qualified-immunity defense, a plaintiff must show that an officer’s use of force conflicted with “clearly established” law. Id. (citation omitted).

Cleveland Brown v. Michael J. Crowley

312 F.3d 782 · Court of Appeals for the Sixth Circuit · Jan 28, 2003

violation of clearly established law — has long since been lost. … "Both questions must be answered in the affirmative in order to defeat a government official's claim to qualified immunity," and "the burden is on the plaintiff to allege and prove that the defendant violated a clearly established

Carmita Lewis v. Charter Township of Flint

660 F. App'x 339 · Court of Appeals for the Sixth Circuit · Aug 22, 2016

clearly established at the time of the violation.” … qualified-immunity issue.

Slusher v. Carson

540 F.3d 449 · Court of Appeals for the Sixth Circuit · Sep 2, 2008

Qualified immunity is generally available for “government officials performing discretionary functions ... insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Because Defendants claim that they are entitled to qualified immunity, we first determine whether the deputies’ actions were unconstitutional and next determine whether any such violation was “clearly established in a ...

Deborah Harrison v. Tracey Kirk

Court of Appeals for the Sixth Circuit · Aug 28, 2008

2) whether that right was clearly established. … Thus, qualified immunity allows suits which allege the violation of a clearly established constitutional right to go forward while insulating officers against suits that are frivolous or where a reasonable officer attempting

Cathy Jarvis v. Billy Wellman John T. Wigginton Al C. Parke and Steve Smith

52 F.3d 125 · Court of Appeals for the Sixth Circuit · Apr 24, 1995

The contours of the defense of qualified immunity in § 1983 actions are fairly well defined. … Governmental officials who perform discretionary functions, such as the defendants in this case, generally are shielded from civil liability insofar as their conduct does not violate clearly established statutory or constitutional

Williams v. Mehra

135 F.3d 1105 · Court of Appeals for the Sixth Circuit · Feb 5, 1998

constitutional right was 'clearly established.' … Consequently, this Court does not evaluate Defendants' qualified immunity defense under the objective test of whether a reasonable official would have known that his acts or omissions violated a clearly established right.

Nunn v. Lynch

113 F. App'x 55 · Court of Appeals for the Sixth Circuit · Sep 8, 2004

The doctrine of qualified immunity shields government officials performing discretionary functions from liability for civil damages “insofar as their conduct does not violate clearly established statutory or constitutional … “The threshold inquiry a court must undertake in a qualified immunity analysis is whether plaintiffs allegations, if true, establish a constitutional violation.” Hope v.

White-Bey v. Griggs

43 F. App'x 792 · Court of Appeals for the Sixth Circuit · Aug 1, 2002

When reviewing a summary judgment on the basis of qualified immunity, the court first determines whether the complaint alleges a deprivation of a constitutional right, then determines whether that right was clearly established … In this case, the district court determined that defendant was entitled to qualified immunity because his alleged conduct was not objectively unreasonable in light of the clearly established law at the time, which required

Humphrey v. Mabry

Court of Appeals for the Sixth Circuit · Apr 2, 2007

Qualified Immunity The defense of qualified immunity shields government officials from “liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights … Accordingly, we move to the second prong of the qualified immunity analysis. 2. Were the rights “clearly established”?

Sallier v. Brooks

Court of Appeals for the Sixth Circuit · Sep 18, 2003

Qualified immunity involves a three-step inquiry. … from a court is legal mail, the holding in Meckley, even In 1993 in Lavado, when faced with a qualified immunity though the opinion was unpublished, was directly to the issue, we held that it was clearly established

Littlejohn v. Rose

768 F.2d 765 · Court of Appeals for the Sixth Circuit · Jul 16, 1985

by impermissible motivation or in disregard of plaintiff's clearly established rights." … Rose, individually, is entitled to the defense of qualified immunity.

Ruby v. Horner

39 F. App'x 284 · Court of Appeals for the Sixth Circuit · Jun 26, 2002

Even if a search warrant is defective, government officials are protected from liability for civil damages by qualified immunity as long as their “conduct does not violate clearly established statutory or constitutional rights … It is clearly established that people are protected by the Fourth Amendment and that a search warrant must be based on probable cause.

Joshawa Webb v. United States

789 F.3d 647 · Court of Appeals for the Sixth Circuit · Jun 17, 2015

After a defendant raises a qualified-immunity defense, the burden shifts to the plaintiff to demonstrate that the government official violated a right that was so clearly established “that every ‘reasonable official would … Therefore, Lucas is not entitled to qualified immunity.

Thacker v. City of Columbus

328 F.3d 244 · Court of Appeals for the Sixth Circuit · Apr 30, 2003

Qualified immunity shields government officials performing discretionary functions from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … This Court explained in Ewolski that: Qualified immunity involves a two-step inquiry.

Rebecca Jasinski v. Sheri Tyler

729 F.3d 531 · Court of Appeals for the Sixth Circuit · Sep 3, 2013

Dismissal based on qualified immunity is appropriate if the complaint fails to allege the violation of a constitutional right that is clearly established. Hardy v. Jefferson Comm. … based on clearly established law.

Phillips v. Roane Cnty TN

Court of Appeals for the Sixth Circuit · Jul 25, 2008

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 … Was the Law Clearly Established?

United States v. Florencia Y. Walker (92-3135) and Tanya M. Powell (92-3136)

1 F.3d 423 · Court of Appeals for the Sixth Circuit · Sep 23, 1993

Two trips to Japan were necessary to take the depositions because the witnesses refused to testify without grants of immunity. … The fact that she was less culpable than “organizers, leaders, managers or supervisors” does not establish that the defendant was a minor participant.