Case law

Travis Rippy, by Next Friend, Aaron and Janet Rippy Aaron Rippy and Janet Rippy v. George Hattaway, Individually and in His Official Capacity as Commissioner, Tennessee Department of Children's Services Anne Marie Bryant, Individually and in Her Official Capacity as Social Counsellor of the Tennessee Department of Children's Services and Shirley Bartlett, Individually and in His Official Capacity as Field Supervisor of the Tennessee Department of Children's Services

270 F.3d 416 · Court of Appeals for the Sixth Circuit · Nov 2, 2001

While the promulgation and enforcement of procedures is a conceivable basis for a claim under §1983, a plaintiff overcomes a qualified immunity defense only by identifying a particularized, clearly established right that … qualified immunity.

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.’

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

Shane Anders v. Tony Cuevas

Court of Appeals for the Sixth Circuit · Jan 8, 2021

To defeat a claim of qualified immunity, the plaintiff must show that the official’s conduct (1) violated a constitutional right that (2) was clearly established. See Cahoo v. … Qualified Immunity During the time period described in the Amended Complaint, it was clearly established, broadly speaking, that retaliation for protected speech violates the Constitution.

Leonard v. Robinson

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

Robinson has asserted the defense of qualified immunity. … “Qualified immunity is an affirmative defense that shields government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a

Keith B. Baranski v. Fifteen Unknown Agents Of The Bureau Of Alcohol, Tobacco And Firearms

401 F.3d 419 · Court of Appeals for the Sixth Circuit · Mar 14, 2005

"In determining whether an official is entitled to qualified immunity, this court asks whether the law was clearly established at the time of the alleged action." Id. (citing Barton, 106 F.3d at 1293 ). … The court explained: 77 Thus, while it was "clearly established" that warrants must be particular, the narrower and more appropriate question, i.e. whether it was clearly established that one has a constitutional right to

Nicole Howell v. Rob Sanders

Court of Appeals for the Sixth Circuit · Feb 2, 2012

at issue [] ‘clearly established’ at the time of [the] defendant’s alleged misconduct.” … The only remaining inquiry to establish qualified immunity under Kentucky law is whether the facts suggest that Sanders acted in bad faith. See Rowan Cnty., 201 S.W.3d at 475.

Williams v. Bass

63 F.3d 483 · Court of Appeals for the Sixth Circuit · Aug 29, 1995

Defendants are entitled to qualified immunity unless the plaintiff's rights were so clearly established at the time the acts were committed that officials in the defendants' position, measured objectively, would have clearly … The district court properly applied this standard in deciding the defendants are entitled to qualified immunity.

Dean v. Byerley

Court of Appeals for the Sixth Circuit · Jan 8, 2004

Additionally, we upon qualified immunity by showing that the constitutional conclude that Byerley is not entitled to summary judgment right was clearly established. … the qualified immunity analysis—the clearly to engage in the challenged conduct.

William Singfield v. Akron Metropolitan Housing Authority

389 F.3d 555 · Court of Appeals for the Sixth Circuit · Nov 10, 2004

In response, O’Leary claims qualified immunity, which affords government officials an immunity from suit “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Thus, we must resolve two issues: 1) whether Sing-field suffered a deprivation of his clearly established constitutional rights; and 2) whether O’Leary acted in an objectively unreasonable manner in light of the clearly established

Turner v. Scott

119 F.3d 425 · Court of Appeals for the Sixth Circuit · Jul 16, 1997

These other motions did not raise the defense of qualified immunity. 1 Scott's motion stated in part: 41 The Defendant's motion is based on the facts and clearly established law that show that the Defendant: 42 l. … The issue on a claim of qualified immunity is not solely whether the right alleged to be violated was clearly established.

Hutsell v. Sayre

5 F.3d 996 · Court of Appeals for the Sixth Circuit · Sep 29, 1993

Hafer, --- U.S. at ---- - ----, 112 S.Ct. at 362-63 . 28 Defendants may, however, assert the defense of qualified immunity to the extent that their conduct "does not violate clearly established statutory or constitutional … clearly established at the time in question that a reasonable official in the defendant's position would have known that he was violating the plaintiff's constitutional rights.

Amy D. Adams v. Richard Yontz

73 F.3d 361 · Court of Appeals for the Sixth Circuit · Jan 5, 1996

Fitzgerald, 457 U.S. 800, 818 (1981). 9 Once a Sec. 1983 defendant has claimed qualified immunity, the plaintiff carries the ultimate burden of proving that the claimed right is clearly established so as to defeat the defendant's … qualified immunity claim.

Burchett v. Kiefer

310 F.3d 937 · Court of Appeals for the Sixth Circuit · Nov 19, 2002

The right to be free from "excessively forceful handcuffing" is a clearly established right for qualified immunity purposes, Kostrzewa v. … Pelzer, this right was clearly established for qualified immunity purposes.

Wendy Cockrun v. Berrien Cnty., Mich.

Court of Appeals for the Sixth Circuit · May 15, 2024

We concluded that defendants failed to argue that the rights at issue were not clearly established and therefore forfeited the defense. Id. And in Watkins v. … of qualified immunity.”

Weaver v. Shadoan

340 F.3d 398 · Court of Appeals for the Sixth Circuit · Nov 25, 2003

If a violation could be established, the second prong requires an examination of whether "the right was clearly established" at the time of the events at issue. Id. … Because Plaintiff did not satisfy the first prong of the qualified immunity analysis, we need not address whether the right was clearly established.

Andre Watkins v. City of Southfield, Mark Wood, L. Porter, and Jane Doe

221 F.3d 883 · Court of Appeals for the Sixth Circuit · Jul 21, 2000

Qualified Immunity Analysis Government officials performing discretionary functions are entitled to qualified immunity from civil suits for damages arising out of the performance of their official duties “as long as their … “The key inquiry in analyzing a claim of qualified immunity is whether the defendant’s alleged conduct violated clearly established statutory or constitutional rights of which a reasonable person would have known.”

Albert Jones v. Dan Bottom

85 F.4th 805 · Court of Appeals for the Sixth Circuit · Oct 30, 2023

Qualified immunity shields officials from trial “unless their actions violate clearly established rights.” DiLuzio, 796 F.3d at 608. … A government official is entitled to qualified immunity unless the evidence would permit a reasonable juror to find that “(1) the defendant violated a constitutional right; and (2) the right was clearly established.”

W. Thomas Jackson, M.D. v. Richard Leighton

168 F.3d 903 · Court of Appeals for the Sixth Circuit · Feb 22, 1999

Under the doctrine of qualified immunity, government officials engaged in discretionary functions are generally “shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … A defendant is not entitled to qualified immunity if the plaintiff asserts a violation of a known civil constitutional right, and “the constitutional right was so clearly established at the time in question that a reasonable

Top Flight Entertainment, Ltd. v. Schuette

729 F.3d 623 · Court of Appeals for the Sixth Circuit · Sep 6, 2013

However, “[a defendant] cannot claim any personal immunities, such as quasi-judicial or qualified immunity” for the purposes of the suit against him in his official capacity—the only immunity he may assert for the purposes … Further, because we conclude that Schuette is not a proper party to this action, and that Bowen is entitled to quasi-judicial immunity on the basis of Plaintiffs’ waiver of the issue, and because qualified immunity is not