Case law

Sandroff v. United States

158 F.2d 623 · Court of Appeals for the Sixth Circuit · Dec 10, 1946

United States, 6 Cir., 2 F.2d 644, 647 , is directly in point, and clearly indicates that the judgment below must be reversed and tlie case remanded for retrial. … Concededly promises of immunity are admissible; they are, however, rarely made.

Turner v. Commissioner of Social SEC.

680 F.3d 721 · Court of Appeals for the Sixth Circuit · May 25, 2012

The court reasoned that, due to sovereign immunity considerations, it could award EAJA fees only under circumstances clearly and unambiguously expressed in the statutory text—that is, only where a plaintiff had clearly and … Case law from multiple circuits establishes that the plain meaning of “incurred” does not require the plaintiff to have paid counsel or to have a legal obligation to pay counsel.

Alexander v. Aero Lodge No. 735, International Ass'n of Machinists & Aerospace Workers

565 F.2d 1364 · Court of Appeals for the Sixth Circuit · Nov 1, 1977

This finding is not clearly erroneous and the award of benefits is affirmed. … Its burden is to establish a prima facie case that such a policy existed.

Julia Garcia v. Wyeth-Ayerst Laboratories

385 F.3d 961 · Court of Appeals for the Sixth Circuit · Oct 7, 2004

immunity in light of an explicit severability provision in MiCH. … Those] cases have clearly established that a person has no property, no vested interest, in any rule of the common law [,and that t]he “Constitution does not forbid the creation of new rights, or the abolition of old ones

Wayne Joiner v. Thomas Goodall Bill Zoto

52 F.3d 325 · Court of Appeals for the Sixth Circuit · Apr 12, 1995

This defendant clearly enjoys absolute immunity from suit for damages on the basis of the acts alleged. See Mireles v. Waco, 112 S.Ct. 286, 288 (1991); King v. … Love, 766 F.2d 962, 965-68 (6th Cir.), cert. denied, 474 U.S. 971 (1985). 4 The district court concluded that the city codes inspector enjoys absolute immunity from suit from damages under the doctrine of prosecutorial immunity

Copper S. S. Co. v. Michigan

194 F.2d 465 · Court of Appeals for the Sixth Circuit · Feb 18, 1952

The Act clearly waives the sovereign immunity of the State with respect to actions filed in the Michigan Court of Claims. … Waiver of immunity by implication is the exception to the general rule, and should be clearly established to be effective. Blackfeather v. United States, 190 U.S. 368, 376 , 23 S.Ct. 772 , 47 L.Ed. 1099 .

Jockquez Scott v. Kent County

679 F. App'x 435 · Court of Appeals for the Sixth Circuit · Feb 17, 2017

Qualified immunity generally protects government officials performing discretionary functions “from, liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional law … We may discuss the prongs in either order, and the officer is entitled to qualified immunity if the plaintiff cannot establish both prongs in our inquiry. Id.

Baker v. Kentucky State University

45 F. App'x 328 · Court of Appeals for the Sixth Circuit · Aug 2, 2002

The court also dismissed Baker’s state law claim as barred by state law immunity arising from Section 231 of the Kentucky Constitution. … On April 18, 2000, the individual defendants moved for summary judgment arguing that they were protected by qualified immunity because Baker had no protected property interest in his employment.

Dominique Ramsey v. David Rivard

Court of Appeals for the Sixth Circuit · Dec 4, 2025

right was clearly established at the time of the challenged conduct. … There, we held that a jury could find this very same show-up unduly suggestive and unnecessary, and “the resulting identification” unreliable under clearly established law. Ramsey I, 110 F.4th at 868–69.

Beamon v. Brown

125 F.3d 965 · Court of Appeals for the Sixth Circuit · Sep 18, 1997

The APA Waiver of Sovereign Immunity 5 The doctrine of sovereign immunity removes subject matter jurisdiction in lawsuits against the United States unless the government has consented to suit. United Liberty Life Ins. … In this case, plaintiffs argue that the APA provides the necessary waiver of sovereign immunity. 6 Although the APA provides a broad waiver of sovereign immunity, codified at 5 U.S.C. § 702 , 1 the waiver is limited by two

Tennessee v. United States Department of Transportation

326 F.3d 729 · Court of Appeals for the Sixth Circuit · Apr 23, 2003

is clearly stated in the congressional act). … The central question in this case thus becomes whether the process of preemption determination established by Congress and carried out by the USDOT falls within the ambit of adjudicatory determinations barred by state sovereign

Ruby Velandra and Roy Velandra v. Regie Nationale Des Usines Renault and Renault, Inc.

336 F.2d 292 · Court of Appeals for the Sixth Circuit · Sep 10, 1964

It should be noted that the ruling of the Cannon case, if not qualified by the subsequent ruling in the International Shoe Company case, has been at least qualified in later cases holding foreign corporations amenable to … On the other hand, it clearly appears from affidavits filed below that nei-tlier defendant in fact has its principal place of business in Michigan.

Patricia Barachkov v. Linda Davis

580 F. App'x 288 · Court of Appeals for the Sixth Circuit · Aug 28, 2014

clearly established constitutional rights.” … Silberstein and in turn Pucci thus reflect well-established qualified-immunity law.

Stoudemire v. Michigan Department of Corrections

614 F. App'x 798 · Court of Appeals for the Sixth Circuit · May 22, 2015

The burden rests on the plaintiff to show that the defendant is not entitled to qualified immunity. Reilly v. Vadlamudi, 680 F.3d 617, 623 (6th Cir. 2012). … Thus a plaintiff must show that the defendant violated a constitutional right and that the right was clearly established. Pearson, 555 U.S. at 232.

Niswander v. Cincinnati Insurance

529 F.3d 714 · Court of Appeals for the Sixth Circuit · Jun 24, 2008

In order to establish a prima fa-cie case of retaliation under Title VII, an employee must establish that (1) he or she engaged in protected activity, (2) the employer knew of the exercise of the protected right, (3) an adverse … An employee’s dissemination of confidential documents in other situations, however, might qualify as participatory.

Jason Lynott v. Bill Story, Warden Federal Correctional Institution, Ashland, Kentucky

929 F.2d 228 · Court of Appeals for the Sixth Circuit · Mar 26, 1991

Furthermore, petitioner has failed to establish that any such evidence would have affected the Parole Commission’s decision to revoke his parole. … However, the Commission Guidelines clearly state that petitioner must affirmatively show “good cause” why such witnesses would not voluntarily appear, a requirement which petitioner never attempted to satisfy. 3 It is clear

Robert Todd v. Weltman, Weinberg & Reis Co., L.P.A., Mark N. Wiseman

434 F.3d 432 · Court of Appeals for the Sixth Circuit · Jan 13, 2006

In reaching its decision, the Court recited the history of the long-established rule that private witnesses were absolutely immune from damages liability for their testimony in judicial proceedings. … Congressional Intent Both Plaintiff and Defendant agree that Congress did not intend to abrogate the well-established absolute immunity of a witness when it enacted the FDCPA.

Bernard Howard v. Dale Collins

Court of Appeals for the Sixth Circuit · Feb 7, 2025

whether Howard’s rights were clearly established. … To the extent that they reference the clearly established prong of the qualified immunity inquiry in their brief, Defendants concede that “Howard’s right not to be subjected to a coerced confession” was clearly established

Beverly K. Barton v. Paul G. Summers, Harshell C. Downs, Jr. Kathleen D. Downs v. Commonwealth of Kentucky

293 F.3d 944 · Court of Appeals for the Sixth Circuit · Aug 9, 2002

If the settlement were already paid over as a lump sum, Plaintiffs would clearly have no case: the States’ established property interest would be unassailable. … In Coeur d’Alene, the plaintiffs sought a declaratory judgment establishing their rights to certain lands.

David Eggleston v. Jake Short

560 F. App'x 561 · Court of Appeals for the Sixth Circuit · Mar 28, 2014

If the constitutional right was not clearly established, the motion for qualified immunity should be granted. … If the court finds that the constitutional right was clearly established, it may proceed to rule on the question of qualified immunity on the basis of the record.