Case law

Manuel v. City of Columbus

86 F. App'x 852 · Court of Appeals for the Sixth Circuit · Jan 21, 2004

Qualified immunity shields government officials performing discretionary functions from civil damages as long as their “conduct does not violate clearly established statutory or constitutional rights of which a reasonable … If the officers’ conduct did not violate a statutory or constitutional right, the officers are immune from suit and there is no need to proceed to the second prong of inquiry-whether the right was clearly established at the

Michael Hester v. Chester Cnty., Tenn.

Court of Appeals for the Sixth Circuit · Dec 19, 2025

Qualified Immunity Weaver, Griffin, and Stout assert qualified immunity. … Qualified immunity protects “government officials performing discretionary functions . . . from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights

Daniel Newman v. Hamburg Township

773 F.3d 769 · Court of Appeals for the Sixth Circuit · Dec 12, 2014

Calhoun moved for summary judgment on qualified immunity grounds. … Sergeant Calhoun is entitled to qualified immunity if he did not violate Newman’s clearly established constitutional rights. Pearson v. Callahan, 555 U.S. 223, 231 (2009).

Levin v. Childers

101 F.3d 44 · Court of Appeals for the Sixth Circuit · Nov 20, 1996

Childers submitted that he was protected by qualified immunity. 4 Dr. … Levin was by no means "clearly established" at the time of the brief suspension of Levin's Medicaid payments.

International Union, United Automobile, Aerospace & Agricultural Implement Workers, Local 737 v. Auto Glass Employees Federal Credit Union

72 F.3d 1243 · Court of Appeals for the Sixth Circuit · Jan 9, 1996

Because in the plaintiffs’ view these rights were clearly established under the NLRA, Carver was not entitled to qualified immunity. B. The defendants respond that they acted within their clear authority under the Act. … Once a government official raises the defense of qualified immunity, the plaintiffs must plead and prove with some particularity the existence of a clearly established right that the official is alleged to have violated.

Niki Frenchko v. Paul Monroe

Court of Appeals for the Sixth Circuit · Nov 26, 2025

Qualified Immunity Qualified immunity protects government officials for actions taken within the scope of their authority which do not “violate clearly established statutory or constitutional rights of which a reasonable … And because Frenchko cannot succeed in demonstrating a violation of her Fourth Amendment rights to satisfy the first qualified-immunity prong, we need not reach the question of whether the right she claims was clearly established

George Marvaso v. Richard Sanchez

Court of Appeals for the Sixth Circuit · Aug 21, 2020

As Plaintiffs concede, they bear the burden of overcoming qualified immunity by showing that the alleged statutory or constitutional violation was clearly established at the time of the violation. (19-1882 Appellee’s Br. … But “whether a particular complaint sufficiently alleges a clearly established violation of law . . . is both ‘inextricably intertwined with, and ‘directly implicated by,’ the qualified-immunity defense,” so we have pendent

Derfiny v. Pontiac Osteopathic Hospital

106 F. App'x 929 · Court of Appeals for the Sixth Circuit · Jul 6, 2004

Qualified immunity shields from liability for civil damages those officials whose “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Second, this right must be so clearly established that a reasonable officer would understand that his or her actions would violate that right. Id.; see also Anderson v.

Bobby Watts, M.D. v. John H. Burkhart, M.D., Howard R. Foreman, M.D., Alvin J. Ingram, M.D., I. Lee Arnold, M.D., and Duane C. Budd, M.D.

978 F.2d 269 · Court of Appeals for the Sixth Circuit · Oct 28, 1992

Such a risk was more clearly evident in Simons v. … Defendants who are entitled to absolute immunity are often entitled to qualified immunity as well, but absolute immunity has the advantage, from the defendant’s standpoint, of better enabling the defendant to avoid the burdens

Adkins v. Board of Education

982 F.2d 952 · Court of Appeals for the Sixth Circuit · Jan 5, 1993

The order that followed granting the directed verdict found that Whitaker individually was entitled to dismissal on qualified immunity grounds because the plaintiff had failed to demonstrate the existence of a clearly established … Once the Supreme Court has proclaimed the existence of a constitutional right, that right is “clearly established” for purpose of deciding a claim of qualified immunity.

Floyd v. City of Detroit

Court of Appeals for the Sixth Circuit · Mar 6, 2008

“If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.” Saucier, 533 U.S. at 201. … of this case, Floyd’s constitutional right to be free from excessive force was clearly established.

Sollitto v. Mitchell

23 F. App'x 527 · Court of Appeals for the Sixth Circuit · Dec 14, 2001

Government officials performing discretionary functions are entitled to qualified immunity “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … the right to run for union office is not clearly established under the First Amendment.

Colvin v. Caruso

605 F.3d 282 · Court of Appeals for the Sixth Circuit · May 13, 2010

As a state employee, however, Riley is entitled to qualified immunity if his “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” See id. … that right was clearly established.”

Wright v. Jefferson County Police Dept.

14 F.3d 603 · Court of Appeals for the Sixth Circuit · Dec 8, 1993

However, when intent is an element of the substantive claim, the court must examine the officer's intent under a qualified immunity analysis to determine if he has violated "clearly established" law. See Poe v. … Thus, we affirm the District Court's order granting summary judgment for the officers on the basis of qualified immunity.

Harris v. Bornhorst

513 F.3d 503 · Court of Appeals for the Sixth Circuit · Jan 14, 2008

Qualified Immunity The doctrine of qualified immunity precludes actions for damages against government officials on the basis of discretionary actions that do not “violate clearly established statutory or constitutional rights … We analyze claims of qualified immunity using a three-part test, which requires us to determine (1) whether a constitutional right was violated; (2) whether that right was clearly established and one of which a reasonable

Baker v. Taylor

Court of Appeals for the Sixth Circuit · Dec 18, 2006

If the plaintiff establishes that a constitutional violation occurred, a court must next consider “whether the right was clearly established.” Id. … When a defendant raises a defense of qualified immunity, the plaintiff bears the burden of demonstrating that the defendant is not entitled to qualified immunity. Silberstein v.

Griffith Ex Rel. Estate of Partee 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. See 533 U.S. 194, 200 (2001). … 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.

Patti Cahoo v. SAS Institute, Inc.

Court of Appeals for the Sixth Circuit · Jun 15, 2023

In a qualified immunity case like this one, that means the plaintiffs bear the burden of identifying record evidence showing a violation of their clearly established rights. DiLuzio v. … Page 37 violated the plaintiffs’ clearly established rights to due process, and she was not entitled to qualified immunity.

John Doe v. Sullivan County, Tennessee

956 F.2d 545 · Court of Appeals for the Sixth Circuit · Feb 10, 1992

violated clearly established law. … , is not entitled to qualified immunity) may not be liable for that deprivation.

Cindy Shadrick v. Hopkins Cnty., Kentucky

805 F.3d 724 · Court of Appeals for the Sixth Circuit · Nov 6, 2015

The district court below erred by extending qualified official immunity to SHP. … The opinion then relies on Yanero , a case applying qualified official immunity to individual persons, to support a statement that SLF engaged in discretionary acts and was entitled to qualified official immunity in its individual