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6 Michigan opinions name it 1 courts 2004–2020 0 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.
| Case | Followed | Cited |
|---|---|---|
Pearson v. Callahangreen2 sentences2020“The protection of qualified immunity applies regardless of whether the government official’s error is a mistake of law, a mistake of fact, or a mistake based on mixed questions of law and fact.” Pearson, 555 US at 231 (citation and quotation marks omitted). 2019“The protection of qualified immunity applies regardless of whether the government official’s error is a mistake of law, mistake of fact, or a mistake based on mixed questions of law and fact.” Pearson, 555 US at 231 (quotation marks and citation omitted). | 3 | 3 |
Elder v. Hollowaygreen2 sentences2017See Elder v Holloway, 510 US 510, 516 ; 114 S Ct 1019, 1023 ; 127 L Ed 2d 344 (1994); Morden v Grand Traverse Co, 275 Mich App 325, 340 ; 738 NW2d 278 (2007). 2017See Elder v Holloway, 510 US 510, 516 ; 114 S Ct 1019, 1023 ; 127 L Ed 2d 344 (1994); Morden v Grand Traverse Co, 275 Mich App 325, 340 ; 738 NW2d 278 (2007). | 2 | 2 |
Donald Saucier v. Elliot M. Katz and in Defense of Animalsred1 sentence2004In Saucier, supra at 201-202, the United States Supreme Court described the following standards for applying the protection of qualified immunity: A court required to rule upon the qualified immunity-issue must consider ... this threshold question: Taken in the light most favorable to the party asserting the injury, do the facts alleged show the officer’s conduct violated a constitutional right? .. . [I]f a violation could he made out on a favorable view of the parties’ submissions, the next, sequential step is to ask whether the right was clearly established. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Morden v. Grand Traverse County
green
2 sentences2020The doctrine of qualified immunity “applies an objective standard to the conduct of defendants, not to their state of mind.” Morden, 275 Mich App at 340 . 2019The doctrine of qualified immunity “applies an objective standard to the conduct of defendants, not to their state of mind.” Morden, 275 Mich App at 340 . | 4 | 2017–2020 |
Aft Michigan v. State of Michigan
green
2 sentences2017FIFTH AMENDMENT RIGHTS In relevant part, the Fifth Amendment of the United States Constitution provides as follows: No person shall . . . be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. [US Const, Am V.] The Fifth Amendment is applicable “to the states through the Fourteenth Amendment, US Const, Am XIV.” AFT Mich v Michigan, 497 Mich 197, 217 ; 866 NW2d 782 (2015). 2017FIFTH AMENDMENT RIGHTS In relevant part, the Fifth Amendment of the United States Constitution provides as follows: No person shall . . . be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. [US Const, Am V.] The Fifth Amendment is applicable “to the states through the Fourteenth Amendment, US Const, Am XIV.” AFT Mich v Michigan, 497 Mich 197, 217 ; 866 NW2d 782 (2015). | 2 | 2017–2017 |
Malley v. Briggs
green
2 sentences2019Qualified immunity is meant to provide “protection to all but the plainly incompetent or those who knowingly violate the law.” Malley v Briggs, 475 US 335, 341 ; 106 S Ct 1092 ; 89 L Ed 2d 271 (1986). 2019Qualified immunity is meant to provide “protection to all but the plainly incompetent or those who knowingly violate the law.” Malley v Briggs, 475 US 335, 341 ; 106 S Ct 1092 ; 89 L Ed 2d 271 (1986). | 1 | 2019–2019 |
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.
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.