issue of qualified immunity (Michigan) · Go Syfert
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issue of qualified immunity in Michigan

7 Michigan opinions name it 2 courts 1976–2026 2 in the last five years

The cases below were cited by Michigan courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Maureen Mirabella v. Susan Villardgreen
ca3 · 2017 · cited in 1 Michigan opinions naming this issue, 2026–2026
1 sentence

2026See Morden, 275 Mich App at 342 , and Mirabella, 853 F3d at 652 .

11
Brosseau v. Haugengreen
scotus · 2004 · cited in 1 Michigan opinions naming this issue, 2007–2007
2 sentences

2007We believe that, however that question is decided, the Court of Appeals was wrong on the issue of qualified immunity.” Id. at 198 (emphasis added).

2007“Qualified immunity shields an officer from suit when she makes a decision that, even if constitutionally deficient, reasonably misapprehends the law governing the circumstances she confronted.” Id. (emphasis added).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
Peisner v. Detroit Free Press, Inc. green
michctapp · 1978
2 sentences

2025With regard to the issue of qualified privilege and actual malice, the law concerning defamation provides that “[w]here a qualified privilege exists, plaintiff, in order to recover, must affirmatively prove actual malice on the part of the defendant.” Peisner v Detroit Free Press, Inc, 82 Mich App 153, 163-164 ; 266 NW2d 693 (1978).

2025With regard to the issue of qualified privilege and actual malice, the law concerning defamation provides that “[w]here a qualified privilege exists, plaintiff, in order to recover, must affirmatively prove actual malice on the part of the defendant.” Peisner v Detroit Free Press, Inc, 82 Mich App 153, 163-164 ; 266 NW2d 693 (1978).

12025–2025
Morden v. Grand Traverse County green
michctapp · 2007
1 sentence

2015Morden, 275 Mich App at 341 .

12015–2015
Wilson v. Layne green
scotus · 1999
2 sentences

2007Wilson v Layne, 526 US. 603; 119 S Ct 1692 ; 143 L Ed 2d 818 (1999) (media “ride-along,” where the police brought the media into a home to observe the execution of an arrest warrant, violated Fourth Amendment rights of the homeowners, but this was not clearly established at the time, so qualified immunity applied to damages claim).

2007Wilson v Layne, 526 US. 603; 119 S Ct 1692 ; 143 L Ed 2d 818 (1999) (media “ride-along,” where the police brought the media into a home to observe the execution of an arrest warrant, violated Fourth Amendment rights of the homeowners, but this was not clearly established at the time, so qualified immunity applied to damages claim).

12007–2007
Spruytte v. Owens green
michctapp · 1991
2 sentences

2000The issue of qualified immunity is one of law, Spruytte v Owens, 190 Mich App 127, 132 ; 475 NW2d 382 (1991), and issues of law are reviewed de novo.

2000The issue of qualified immunity is one of law, Spruytte v Owens, 190 Mich App 127, 132 ; 475 NW2d 382 (1991), and issues of law are reviewed de novo.

12000–2000
Forge v. Smith green
mich · 1998
2 sentences

2000Forge v Smith, 458 Mich 198, 204 ; 580 NW2d 876 (1998).

2000Forge v Smith, 458 Mich 198, 204 ; 580 NW2d 876 (1998).

12000–2000
Mitchell v. Forsyth green
scotus · 1985
2 sentences

1988In concluding that the issue of qualified immunity is immediately appealable, the Court explained the dual nature of qualified immunity as not only "a mere defense to liability" but also "an immunity from suit." Id.

1988In concluding that the issue of qualified immunity is immediately appeal-able, the Court explained the dual nature of qualified immunity as not only "a mere defense to liability” but also "an immunity from suit.” Id.

11988–1988
Harlow v. Fitzgerald green
scotus · 1982
2 sentences

1988In appropriate circumstances, the same issue could be raised by a motion for judgment notwithstanding the verdict subsequent to a finding by the jury that, as in the present case, the police officer used excessive force. [16] Regardless of the stage at which the issue of qualified immunity is addressed, the defense will turn primarily on objective factors, Harlow, supra, pp 818-819 .

1988In appropriate circumstances, the same issue could be raised by a motion for judgment notwithstanding the verdict subsequent to a finding by the jury that, as in the present case, the police officer used excessive force. 16 Regardless of the stage at which the issue of qualified immunity is addressed, the defense will turn primarily on objective factors, Harlow, supra, pp 818-819 .

11988–1988
Bacon v. Michigan Central Railroad green
mich · 1887
2 sentences

1976Qualified privilege was defined by the Supreme Court in the case of Bacon v Michigan C R Co, 66 Mich 166, 170 ; 33 NW 181 (1887): "Qualified privilege * * * extends to all communications made bona ñde upon any subject-matter in which the party communicating has an interest, or in reference to which he has a duty, to a person having a corresponding interest or duty.

1976Qualified privilege was defined by the Supreme Court in the case of Bacon v Michigan C R Co, 66 Mich 166, 170 ; 33 NW 181 (1887): "Qualified privilege * * * extends to all communications made bona ñde upon any subject-matter in which the party communicating has an interest, or in reference to which he has a duty, to a person having a corresponding interest or duty.

11976–1976

Statutes the citing opinions construe

MI § Mich. Comp. Laws § 691.1407 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NJ 15 (1998–2024) WA 13 (1991–2021) NY 11 (1998–2025) FL 10 (1985–2018) WV 9 (2009–2023) TX 8 (1995–2015) MI 7 (1976–2026) CT 7 (1994–2015) MD 6 (1973–2024) WI 6 (1991–2026) MN 6 (1990–2006) NC 5 (1992–2019) MA 5 (1994–2009) NM 5 (1993–2020) CA 5 (1974–2016) IL 5 (1985–2011) AR 4 (1990–2016) AK 4 (1988–2011) IA 4 (1996–2020) DC 4 (1987–2007) IN 3 (1990–2006) OH 3 (1995–1998) CO 3 (1998–2012) KY 2 (2011–2021) KS 2 (2001–2002) AL 2 (2008–2008) VA 2 (2012–2025) MT 2 (1998–2002) GA 2 (2008–2016) TN 2 (1998–2009) LA 2 (1998–1999) VT 2 (1991–2016) SD 2 (2005–2021) ME 2 (1998–2014) UT 2 (1993–1997)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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