Case law

Wells v. Brown

891 F.2d 591 · Court of Appeals for the Sixth Circuit · Dec 12, 1989

immunity” from damages by violating “clearly established” rights protected by the Due Process Clause. … Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727, 2738 , 73 L.Ed.2d 396 (1982), the Supreme Court predicted that qualified immunity would “permit the resolution of many insubstantial claims on summary judgment.”

St. John v. Hickey

411 F.3d 762 · Court of Appeals for the Sixth Circuit · Jun 20, 2005

John suggest the violation of a clearly established right such that Defendants are not entitled to qualified immunity. Finally, we conclude that, as to his official capacity claim, St. … Consequently, the defendants are not entitled to qualified immunity on St.

Jennifer Garza v. Lansing Sch. District

972 F.3d 853 · Court of Appeals for the Sixth Circuit · Aug 28, 2020

Page 29 on grounds of qualified immunity. … “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 a reasonable person

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

James L. Pouillon v. City of Owosso Sergeant Sharon Little and Officer W. G. Blanchett

206 F.3d 711 · Court of Appeals for the Sixth Circuit · Mar 16, 2000

. § 1983 , for violating his clearly established constitutional rights to freedom of speech, religion, and assembly by arresting him for protesting abortion while standing with a sign in front of city hall. … In analyzing qualified immunity claims “[w]e conduct de novo review because the issue whether qualified immunity is applicable to an officer’s actions is a matter of law.” Dickerson v.

Doe v. Sullivan County

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.

Deana Jett v. Mark McCarter

57 F.3d 1069 · Court of Appeals for the Sixth Circuit · Jun 5, 1995

The court therefore denied McCarter's motion for summary judgment based on qualified immunity, finding that if the facts stated by Jett were proven to be true, McCarter would have violated Jett's clearly established constitutional … established statutory or constitutional rights of which a reasonable person would have known. 7 Most legal rights are "clearly established" at some level of generality, however, and immunity would be impossible to obtain

Virgil Vaduva v. City of Xenia

Court of Appeals for the Sixth Circuit · Aug 7, 2019

And second, “is the right clearly established?” Id. (quotation omitted). … Hickman County, 700 F.3d 845, 853 (6th Cir. 2013) (“The doctrine [of qualified immunity] focuses on ‘the objective reasonableness of an official’s conduct, as measured by reference to clearly established law’ . . . .”).

Terry Caskey v. Nathan Fenton

Court of Appeals for the Sixth Circuit · Nov 16, 2022

Under the doctrine of qualified immunity, government officials are shielded from civil liability unless their conduct violates clearly established constitutional rights. Harlow v. … subject to qualified immunity protections.

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.”

Hensley v. Wilson

850 F.2d 269 · Court of Appeals for the Sixth Circuit · Jun 20, 1988

Mitchell stated the rule that: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 … were not of "clearly established law."

Jerry Lorenzo Bass, A/K/A Afif Abdul R. Karriem v. Kevin Robinson James Lashbrook

167 F.3d 1041 · Court of Appeals for the Sixth Circuit · Feb 12, 1999

were clearly established at the time. … In Anderson,the Supreme Court defined the phrase “clearly established law” for purposes of a qualified immunity defense: The contours of the right must be sufficiently clear that a reasonable official would understand that

Luis Dominguez v. Corr Medical Servs

Court of Appeals for the Sixth Circuit · Feb 17, 2009

“Under the doctrine of qualified immunity, ‘government officials performing discretionary functions generally are shielded from liability from civil damages insofar as their conduct does not violate clearly established statutory … Clearly Established Right “For a right to be clearly established, ‘[t]he contours of the right must be sufficiently clear that a reasonable official would understand that what [she] is doing violates that right.’

Terry Greco v. Cnty. of Livingston

774 F.3d 1061 · Court of Appeals for the Sixth Circuit · Dec 19, 2014

Looking at the situation in the light most favorable to Greco, we affirm the district court’s denial of qualified immunity. … The qualified immunity defense protects officers like Clayton from both liability and trial so long as they do “not violate clearly established statutory or constitutional rights of which a reasonable person would have known

Buckner v. Kilgore, II

36 F.3d 536 · Court of Appeals for the Sixth Circuit · Nov 21, 1994

In analyzing a claim of qualified immunity, a court must determine whether the defendant's alleged conduct violated clearly established statutory or constitutional rights of which a reasonable person would have known. … judgment on qualified immunity grounds is improper); Poe v.

Eleanore Kue v. Samnuel North

Court of Appeals for the Sixth Circuit · Jul 25, 2024

So “if the complaint fails to allege facts plausibly showing the violation of a constitutional right (regardless of whether that right was clearly established), granting qualified immunity is appropriate on the pleadings … ,” and the “assertion of qualified immunity, by itself, does not change that.”

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.

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.

Myers v. Potter

422 F.3d 347 · Court of Appeals for the Sixth Circuit · Sep 7, 2005

for evaluating qualified immunity defenses. … Raymond's clearly established constitutional rights were being violated."

Taylor v. Franklin County

104 F. App'x 531 · Court of Appeals for the Sixth Circuit · Jul 14, 2004

Qualified Immunity 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 … Finally, since Plaintiffs right to be free from cruel and unusual punishment was clearly established such that a reasonable official would have understood his conduct violated that right, qualified immunity should be denied