Case law

Global Technology, Inc. v. Yubei (Xinxiang) Power Steering System Co.

807 F.3d 806 · Court of Appeals for the Sixth Circuit · Dec 7, 2015

For Rule 12(b)(1) factual attacks, we accept the district court’s findings of fact unless the findings are clearly erroneous. See Russell, 784 F.3d at 1045. … The district court has not yet established the jurisdictional facts of this case. On this much, however, the parties clearly agree: The People’s Republic of China (“PRC”) owns AVIC.

Wilson v. Morgan

477 F.3d 326 · Court of Appeals for the Sixth Circuit · Feb 1, 2007

court affirmed the denial of qualified immunity except as to Officer Walker. … There, we held that an officer who is merely present at a scene but is not directly responsible for the complained of action is entitled to qualified immunity from suit under § 1983.

Federal Deposit Insurance Corporation v. Marian G. Leach

772 F.2d 1262 · Court of Appeals for the Sixth Circuit · Sep 11, 1985

Assertion of a valid state law defense does not establish a claim against the bank, but relieves the maker of his liability on the note. 42 With regard to the second policy justifying the result in Wood, it is crucial to … The Wood rule is clearly not justified by the policy underlying this statute, and its only certain effect is to redistribute the cost of bank failure from taxpayers, each of whom bears only a small fraction of the total cost

Charles Hocker v. Pikeville City Police Dep't

738 F.3d 150 · Court of Appeals for the Sixth Circuit · Dec 17, 2013

Pikeville City Police Dep’t Page 5 Circuit case law clearly established those constitutional rights at the time of the incident, the court must grant immunity to the officers. … These descriptions do not suffice to establish a cognizable claim of excessive force, much less a clearly established one.

John B. Johnson v. University of Cincinnati, Joseph A. Steger, and Donald C. Harrison

215 F.3d 561 · Court of Appeals for the Sixth Circuit · Jun 1, 2000

ELEVENTH AMENDMENT IMMUNITY DEFENSE & BARRED CLAIMS We first address Defendants’ Eleventh Amendment immunity defense because this defense raises a question of federal jurisdiction. See Wilson-Jones v. … To establish a prima facie case of discrimination, a plaintiff must show that 1) he is a member of a protected class; 2) he was qualified for his job and performed it satisfactorily; 3) despite his qualifications and performance

Carla Warfield v. Lebanon Correctional Institution Jacqueline Marshall

181 F.3d 723 · Court of Appeals for the Sixth Circuit · Jul 1, 1999

Prima facie case Warfield clearly meets criteria (1) and (2) for establishing a prima facie case of employment discrimination: she is female and was fired. … First, this evidence is irrelevant to the disposition of this case, for, as will be explained infra in section II.A, pages 10-12, Warfield has not come close to establishing that she was “qualified” for the position of corrections

Mary Touvell v. Ohio Department of Mental Retardation and Developmental Disabilities

422 F.3d 392 · Court of Appeals for the Sixth Circuit · Sep 9, 2005

was accordingly immune from suit. … As noted in Laro , “[t]his concern clearly goes to Congress’s power under the Commerce Clause and not Section 5.” 259 F.3d at 12 .

Geneva France v. Lee Lucas

836 F.3d 612 · Court of Appeals for the Sixth Circuit · Sep 7, 2016

Once defendants raise the defense of qualified immunity, “the burden is on the plaintiff to demonstrate that the officials are not entitled to qualified immunity.” … violated some clearly-established constitutional or federal statutory right.”

Geier v. Richardson

871 F.2d 1310 · Court of Appeals for the Sixth Circuit · Apr 12, 1989

Alexander, 801 F.2d 799 (6th Cir.1988), the United States challenged only a specific part of the consent decree which established a pre-professional program under which seventy-five qualified *1312 black sophomores were to … Congress clearly did not intend such a situation to result from the language of § 1988.

Martin v. Weaver

666 F.2d 1013 · Court of Appeals for the Sixth Circuit · Dec 3, 1981

Clearly, Agnew reaffirmed the general rule that municipal corporations, and the police officers in their employ, will not be financially responsible for personal injury and property damage caused by the officers’ negligent … Agnew also established that the Lingo decision was an exception to that general rule.

Karen Kovacs v. Stanley Chesley

406 F.3d 393 · Court of Appeals for the Sixth Circuit · May 2, 2005

Whereas a court considering a summary judgment motion could examine defenses, such as qualified immunity, res judicata, or the application of a statute of limitations, a court considering a dismissal for failure to meet the … In his opinion, Kovacs would have been entitled to benefits for both a qualifying current disease and a qualifying breast implant rupture, for a total of $100,000.

McDonald v. Lawhorn

98 F. App'x 358 · Court of Appeals for the Sixth Circuit · Jan 29, 2004

This claim was not clearly raised in his complaint, and we will not consider it for the first time on appeal. See Barker v. Shalala, 40 F.3d 789, 793-94 (6th Cir.1994). … It also acted within its discretion by refusing to add Fulton as a defendant, because qualified immunity protected him from McDonald’s claim. See Newell, 981 F.2d at 887 .

Greg Adkisson v. Jacobs Eng'g Group, Inc

35 F.4th 421 · Court of Appeals for the Sixth Circuit · May 18, 2022

within the scope of their contracts, unless a Plaintiff establishes that the contractor failed to comply with explicit or clearly established government directions or requirements.” … Any immunity protecting the TVA when it is acting in a noncommercial, governmental activity would apply only “if one of the following circumstances is ‘clearly shown’: either the ‘type[] of suit [at issue is] not consistent

Dixon v. Campbell

58 F. App'x 180 · Court of Appeals for the Sixth Circuit · Mar 5, 2003

The district court then denied the defen *183 dants’ motion for summary judgment based upon qualified immunity, stating: But isn’t this just a question of who to believe? … If the officers are telling the truth, they don’t have to worry about qualified immunity, because they haven’t done anything wrong, and they would have no liability on that basis.

Kizer v. SHELBY COUNTY GOVERNMENT

649 F.3d 462 · Court of Appeals for the Sixth Circuit · Aug 17, 2011

The defendants moved for summary judgment, claiming that they were entitled to qualified immunity because they had not violated a clearly established constitutional right to due process. Id. at 484. … immunity.

Feliciano v. City of Cleveland

988 F.2d 649 · Court of Appeals for the Sixth Circuit · Mar 16, 1993

immunity. … immunity.

DRFP L.L.C. v. Republica Bolivariana De Venezuela

622 F.3d 513 · Court of Appeals for the Sixth Circuit · Sep 23, 2010

The party asserting immunity bears the ultimate burden of persuasion. Id. … Another witness, Gary Post, accepted by the district court as qualified to give an opinion as to “the ICC’s regulations in its Rules on Collection,” stated in an affidavit that in his opinion, the ICC regulations permit Skye

Debra Rucinski v. County of Oakland

655 F. App'x 338 · Court of Appeals for the Sixth Circuit · Jul 6, 2016

Qualified immunity shields government officials from liability for civil damages insofar as their actions do not violate clearly established statutory or constitutional rights of which a reasonable person would have known … The plaintiff must demonstrate that the defendants are not entitled to qualified immunity. Chappell, 585 F.3d at 907.

Zamaria Metcalf v. State of Michigan

Court of Appeals for the Sixth Circuit · Aug 24, 2026

Sovereign Immunity Before turning to each of Metcalf’s claims, we first address the State Defendants’ threshold defense: sovereign immunity. … Indeed, at oral argument, the government conceded that a quadriplegic could plausibly qualify as a solo foster parent.

AL-GHORBANI v. Holder

594 F.3d 546 · Court of Appeals for the Sixth Circuit · Jan 26, 2010

Regarding the first issue, our long-established rule is that this court will not consider arguments raised for the first time in a petition for rehearing. E.g., Costo v. … Blatter, 175 F.3d 378 , 403 n. 18 (6th Cir.1999) (“We do not address defendants’ belated argument that they are entitled to qualified immunity.