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431 N.W.2d 810 Michigan Supreme Court 1988年10月24日 Nos. 80577, 80578, 80804, (Calendar No. 1)
If the undisputed facts show that the defendant's conduct violated no clearly established constitutional standards, qualified immunity applies as a matter of law.
A determination by the court that the alleged conduct of a police officer was a violation of a clearly established right would defeat a defendant's motion for summary disposition on qualified immunity grounds.
If the law at that time was not clearly established then an official is entitled to qualified immunity. If the law was clearly established, the immunity defense ordinarily should fail.
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738 N.W.2d 278 Michigan Court of Appeals 2007年8月29日 No. 272505
established at the time, so qualified immunity applied to damages claim).
Because there was no court precedent predating Conlon’s actions that clearly established that such actions by a psychiatrist constitute deliberate indifference, we find that Conlon was cloaked with qualified immunity for her treatment
Finally, even if a genuine issue of material fact existed regarding the constitutional claim, Conlon is entitled to qualified immunity, because she did not violate a clearly established constitutional right of which a reasonable governmental
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439 N.W.2d 319 Michigan Court of Appeals 1989年4月3日 Nos. 97210, 97211, 98905, 98906
Next, defendants Pogates and Cole argue that they were entitled to qualified immunity on the federal claims because their conduct did not violate clearly established constitutional rights.
In determining if there is qualified immunity, the court considers: 1) whether the alleged conduct establishes a constitutional violation, and 2) whether the constitutional standard was clearly established at the time in question
If the undisputed facts show that the defendant’s conduct violated no clearly established constitutional standards, qualified immunity applies as a matter of law.
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Michigan Court of Appeals 2026年2月11日 No. 369906尚無引用
Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right. [Pearson, 555 US at 232 (quotation marks and citations omitted).] 1.
Fleury was therefore entitled to qualified immunity from plaintiffs’ claim. “[F]or a right to be clearly established, existing precedent must have placed the statutory or constitutional question beyond debate.”
The clearly established prong of the qualified immunity inquiry sets a high standard, and the United States Supreme Court has “aggressively enforced qualified immunity.” Morden, 275 Mich App 340 -341.
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716 N.W.2d 291 Michigan Court of Appeals 2006年5月24日 No. 258933
The trial court further determined that because none of the alleged conduct by the individuals amounted to a violation of a clearly established constitutional right, defendants were entitled to qualified immunity.
would have known.’ ” 17 “Qualified immunity is ‘an entitlement not to stand trial or face the other burdens of litigation.’ ” 18 In analyzing whether a state actor enjoys qualified immunity from suit, a court must first determine
It does not appear that these defendants violated “ ‘clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” 50 A right is “clearly established,” if it is clear that a reasonable
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861 N.W.2d 635 Michigan Court of Appeals 2014年10月28日 No. 312530
“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 would
Thus, in the case of a police officer, qualified immunity will not apply if the officer transgresses a right that was “ ‘clearly established,’ ” meaning that “ ‘it would be clear to a reasonable officer that [her] conduct was unlawful
We find Forshee’s claim of qualified immunity wanting.
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434 N.W.2d 249 Michigan Court of Appeals 1988年12月20日 No. 102962
Even if the complained-of activity is interpreted as administrative, rather than quasi-judicial, it is still protected by qualified immunity.
Qualified immunity shields government officials performing discretionary functions from civil liability insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would
Given our resolution of this case, it is unnecessary to consider whether defendant would be entitled to summary disposition on the basis of qualified immunity. 3 Our conclusion is buttressed by MCL 37.2205a; MSA 3.548(205a), which
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687 N.W.2d 132 Michigan Court of Appeals 2004年9月1日 No. 248450
alleged and, if so, (2) whether the right was clearly established.”
Thus, the court reasoned, in the case at hand, VanVorous’s right would be clearly established only where the defendant officers did not reasonably perceive that VanVorous was a threat to them or others. Id. at *25.
The district court then concluded that because qualified immunity “allows room for an officer’s discretionary judgment,” plaintiff could not, as a matter of law, show that the officers’ conduct violated a clearly established right.
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826 N.W.2d 190 Michigan Court of Appeals 2012年8月21日 No. 304236
Therefore, the Court concluded that Brosseau was entitled to qualified immunity under 42 USC 1983 because it was not clearly established that her actions violated the Constitution. Brosseau, 543 US at 201 .
Of course, unlike Brosseau , the case at bar does not involve a claim under § 1983 or issues of qualified immunity. But Brosseau does provide guidance on two points.
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475 N.W.2d 382 Michigan Court of Appeals 1991年6月20日 No. 124171
immunity under 42 USC 1983 actions.
Under this test, a government official performing discretionary functions is entitled to immunity from damages "insofar as [his] conduct does not violate clearly established statutory or constitutional rights of which a reasonable
Regarding the immunity question, it is clear that Rule 791.6637(4) was a clearly established state regulation, violation of which is sufficient to cause officials to forfeit their qualified immunity.
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Michigan Court of Appeals 2017年5月23日 No. 330536尚無引用
Further, we review de novo the question of whether a federal constitutional right was clearly established at the time of the alleged violation so as to preclude the protection 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 would
Thus, qualified immunity does not apply if a right was “clearly established” at the time of the violation, such that it “would be clear to a reasonable officer” that his or her conduct was unlawful. Id. (citations omitted).
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Michigan Court of Appeals 2017年5月23日 No. 330536尚無引用
Further, we review de novo the question of whether a federal constitutional right was clearly established at the time of the alleged violation so as to preclude the protection 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 would
Thus, qualified immunity does not apply if a right was “clearly established” at the time of the violation, such that it “would be clear to a reasonable officer” that his or her conduct was unlawful. Id. (citations omitted).
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Michigan Court of Appeals 2019年5月7日 No. 341847尚無引用
She -3- also identified grounds for concluding that she had qualified immunity and that the Holetons could not establish grounds for avoiding her qualified immunity.
An official has qualified immunity from suits under 42 USC 1983 when the official’s conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”
“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 would
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Michigan Court of Appeals 2024年10月16日 No. 366376尚無引用 未刊載(先例效力有限)
immunity under federal law which has a different legal framework than qualified immunity under our state law.
Under federal law, qualified immunity is not available if a clearly established constitutional right is violated. Id. at 422.
In Akima, the appellate court held that a jury could conclude the defendant police officer effected a warrantless arrest without probable cause, and thus, was not entitled to qualified immunity. Id. at 422-423, 428.
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Michigan Court of Appeals 2020年9月10日 No. 348289尚無引用 未刊載(先例效力有限)
“Qualified immunity is a question of law for the court.” Id.
“An official has qualified immunity from suits under 42 USC 1983 when the official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”
was clearly established, to analyze first).
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Michigan Court of Appeals 2016年9月15日 No. 327312尚無引用 未刊載(先例效力有限)
Defendant had moved for summary judgment raising the defense of qualified immunity, which is available to a government official unless, in the course of performing a discretionary function, a plaintiff’s clearly established constitutional
The federal courts held that defendant was entitled to qualified immunity.
“Under the doctrine of qualified immunity, governmental officials, including police officers, are immune from civil liability unless, in the course of performing their discretionary functions, they violate the plaintiff’s clearly established
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Michigan Court of Appeals 2019年11月7日 No. 344227尚無引用 未刊載(先例效力有限)
“An official has qualified immunity from suits under 42 USC 1983 when the official’s conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” Holeton v City
“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 would
-3- To defeat qualified immunity, the court must find that the plaintiff can establish two elements.
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Michigan Court of Appeals 2019年12月12日 No. 345790尚無引用 未刊載(先例效力有限)
An officer, however, may invoke the defense of qualified immunity to avoid standing trial on such a claim. Id.
Thus, to defeat a claim of qualified immunity, the plaintiff must be able to establish two elements; first, that the facts as alleged make out a violation of a constitutional right and, second, that such constitutional right was clearly
Again, to defeat a claim of qualified immunity, a plaintiff must be able to establish two elements; first, that the facts as alleged make out a violation of a constitutional right and, second, that such constitutional right was clearly
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703 N.W.2d 822 Michigan Court of Appeals 2005年9月2日 Nos. 251200, 251201
“If the undisputed facts show that the defendant’s conduct violated no clearly established constitutional standards, qualified immunity applies as a matter of law.” Id.
Here, even were we to accept plaintiffs complaint as true, at best it alleges violations of state law that do not constitute violations of clearly established federal due process rights. B.
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689 N.W.2d 506 Michigan Court of Appeals 2004年11月10日 No. 246059
[I]f a violation could be made out on a favorable view of the parties’ submissions, the next, sequential step is to ask whether the right was clearly established.
immunity is applicable.
The relevant, dispositive inquiry in determining whether a right is clearly established is whether it would be clear to a reasonable officer that his conduct was unlawful in the situation he confronted.