Case law

Barbara Walton, Individually and as Next Friend of Courtney Walton and Kamara Walton v. City of Southfield, Keith Birberick, Robert Castleman

995 F.2d 1331 · Court of Appeals for the Sixth Circuit · Jun 10, 1993

However, if genuine issues of material fact exist as to whether the defendants actually did commit acts that would violate a clearly established right, then summary judgment on qualified immunity is improper. Poe v. … The court denied qualified immunity to both officers because of the department policy on searches. Officer Castleman clearly was entitled to qualified immunity.

Peggy Sigley v. City of Parma Heights

437 F.3d 527 · Court of Appeals for the Sixth Circuit · Feb 10, 2006

Qualified Immunity On appeal, Defendants argue, and the dissent asserts, that even if a constitutional violation occurred, Officer Mockler is entitled to qualified immunity. We disagree. … Qualified immunity protects government officials who perform discretionary functions from civil liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

David Greene and Starna Hill v. William B. Reeves, A/K/A Brad Reeves (95-5586) Robert G. Stephens (95-5644) Thomas J. Smith, III (95-5643)

80 F.3d 1101 · Court of Appeals for the Sixth Circuit · Apr 8, 1996

Under the doctrine of qualified immunity, government officials acting in their official capacities are protected from being sued in their individual capacities for damages if their actions did not “violate clearly established … When a defendant moves for summary judgment based on qualified immunity, as the officials in this case did, the plaintiff must therefore 1) identify a clearly established right alleged to have been violated; and 2) establish

Kyle Ciminillo v. Thomas Streicher Daniel Hills Richard Janke, Gerald Knight City of Cincinnati

434 F.3d 461 · Court of Appeals for the Sixth Circuit · Jan 17, 2006

Even though Ciminillo alleges facts that, if true, would constitute a violation of his Fourth Amendment rights, Knight may still be entitled to qualified immunity unless those rights were “clearly established” at the time … Given Yates, Adams, and Deorle, it was clearly established that shooting Ciminillo with a beanbag was objectively unreasonable. Thus, Knight is not entitled to qualified immunity. C.

Peter M. Garvie v. Charles O. Jackson and George W. Wheeler

845 F.2d 647 · Court of Appeals for the Sixth Circuit · Apr 27, 1988

“[Defendants] have qualified immunity unless plaintiffs’ ‘rights were so clearly established when the acts were committed that any officer in the defendant’s position, measured objectively, would have clearly un *650 derstood … The relevant inquiry for this court, in light of defendants’ claim of qualified immunity, is whether Garvie’s asserted property interest was clearly established.

Anthony W. Barton v. Mark Norrod and Randy Pack, Individually

106 F.3d 1289 · Court of Appeals for the Sixth Circuit · Mar 31, 1997

A determination of whether an official is entitled to qualified immunity focuses on the objective legal reasonableness of the official’s action in light of clearly established law. Ibid. … Thus, even were we to disagree with Stockwell’s holding, it entitles Norrod to qualified immunity because it establishes that failure to comply with extradition procedures is not a clearly established right in this circuit

David Hopper v. Phil Plummer

887 F.3d 744 · Court of Appeals for the Sixth Circuit · Apr 12, 2018

Qualified immunity shields public officials from civil liability under 42 U.S.C. § 1983 unless their actions violate clearly established rights “of which a reasonable person would have known.” Harlow v. … was clearly established at the time of the challenged conduct.”

Derrick Bunkley v. City of Detroit, Mich.

902 F.3d 552 · Court of Appeals for the Sixth Circuit · Aug 29, 2018

Qualified immunity shields government officials in the performance of discretionary functions from standing trial for civil liability unless their actions violate clearly established rights of which a reasonable person would … was clearly established.

Andre Johnson v. Jeremy Moseley

790 F.3d 649 · Court of Appeals for the Sixth Circuit · Jun 2, 2015

Page 2 of clearly established federal law. … “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.” Mitchell v.

Williams v. Mehra

186 F.3d 685 · Court of Appeals for the Sixth Circuit · Aug 4, 1999

“Mitchell clearly establishes that an order rejecting the defense of qualified immunity at either the dismissal stage or the summary-judgment stage is a ‘final’ judgment subject to immediate appeal.” Behrens v. … 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 or constitutional

Sample v. Bailey

Court of Appeals for the Sixth Circuit · May 9, 2005

Clearly Established Right Having established that there was a constitutional violation, we turn to the second step of the qualified immunity analysis — whether the constitutional right at issue was clearly established … qualified immunity.

Sherman L.G. Noble v. Janice Schmitt and Connie Stevens

87 F.3d 157 · Court of Appeals for the Sixth Circuit · Jun 14, 1996

Under the qualified immunity doctrine, “government officials performing discretionary functions generally are shielded from liability or civil damages insofar as their conduct does not violate clearly established statutory … Preferably, the claimant will make factual allegations in his complaint which are sufficient to establish a violation of clearly established law before the qualified immunity issue arises. Dominque, 831 F.2d at 676 .

High v. Fuchs

74 F. App'x 499 · Court of Appeals for the Sixth Circuit · Aug 25, 2003

prohibited and, and therefore, qualified immunity was improper. … 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.

Fabien Eldridge v. William E. Gibson, David Day, Robert Durham, Michael H. Knowlton, and Sam Lee

332 F.3d 1019 · Court of Appeals for the Sixth Circuit · Jun 19, 2003

Cameron Co., Tex., 274 F.3d 269, 276 (5th Cir.2001) (“It is a well established rule that where a judge’s absolute immunity would protect him from liability for the performance of particular acts, mere allegations that he … Eldridge’s argument that the Thirteenth Judicial District is a “person” subject to suit under § 1983 also fails because, as Judge Haynes discussed, the Thirteenth Judicial District is clearly a branch of the *1022 state and

McKenna v. Edgell

617 F.3d 432 · Court of Appeals for the Sixth Circuit · Aug 17, 2010

The court applied the doctrine of qualified immunity because “there is no ‘clearly established law 1 creating federal liability for a constitutional tort” that occurs when paramedics responding to an emergency restrain a … As described above, both actions violated clearly established constitutional rights, and the denial of qualified immunity was appropriate. C.

Smith v. Cupp

430 F.3d 766 · Court of Appeals for the Sixth Circuit · Dec 2, 2005

The district court denied Dunn qualified immunity. … The particular right at issue was clearly established. Thus, Dunn is not entitled to qualified immunity.

Barber v. Miller

809 F.3d 840 · Court of Appeals for the Sixth Circuit · Dec 2, 2015

We therefore confine our inquiry to the clearly established prong of the qualified-immunity analysis. … Because Barber fails to show that these rights were clearly established at the time of the interviews, Miller enjoys qualified immunity.

Shreve v. Jessamine County Fiscal Court

453 F.3d 681 · Court of Appeals for the Sixth Circuit · Jul 7, 2006

Shreve has provided sufficient evidence of a violation of her clearly established constitutional right against the use of excessive police force in the course of arrest, and qualified immunity is not warranted under Saucier … immunity is not available for lack of a "clearly established" right.

Jerry Lawler v. Hardeman Cnty., Tenn.

93 F.4th 919 · Court of Appeals for the Sixth Circuit · Feb 16, 2024

Qualified immunity shields public officials from the time and expense of a trial unless their actions infringed “clearly established” rules that a “reasonable person” would have understood. … The changes do not affect our resolution because Lawler’s father must overcome qualified immunity’s “clearly established” prong.

Christopher Sample v. Jason Bailey

409 F.3d 689 · Court of Appeals for the Sixth Circuit · May 9, 2005

Clearly Established Right Having established that there was a constitutional violation, we turn to the second step of the qualified immunity analysis-whether the constitutional right at issue was clearly established. … to qualified immunity.