Case law

Louis David Johnson, Jr. v. Unknown Dellatifa (03-1497/1880) Unknown Carline (03-1506/1865) S. Powers (03-1555/1833) Dave Stasewish (03-1559/1835)

357 F.3d 539 · Court of Appeals for the Sixth Circuit · Feb 3, 2004

Such a suit, we held, is barred by the Eleventh Amendment unless the state expressly consents to being sued and therefore waives its sovereign immunity. Id. … Dep’t of State Police, 491 U.S. 58 , 71 n. 10, 109 S.Ct. 2304 , 105 L.Ed.2d 45 (1989), or by suing the defendants in their individual, rather than official, capacities (subject, of course, to qualified immunity defenses),

Morris v. Boyd

39 F. App'x 281 · Court of Appeals for the Sixth Circuit · Jun 26, 2002

Moreover, he *284 has not established that he was injured by an unlawful act by either defendant. … Because we conclude that Morris has not alleged any facts supporting his various theories of recovery, we need not consider whether any of the remaining defendants are entitled to qualified or absolute immunity.

Bill Wayne Shepherd v. Billy Wellman

313 F.3d 963 · Court of Appeals for the Sixth Circuit · Dec 23, 2002

Under this test, we consider the nature of the plaintiffs claims, requests for compensatory or punitive damages, and the nature of any defenses raised in response to the complaint, particularly claims for qualified immunity … The complaint goes on to allege that the “mur *969 der” of Gary Shepherd “was clearly committed under color of state law.”

Triplett v. Connor

109 F. App'x 94 · Court of Appeals for the Sixth Circuit · Sep 3, 2004

Even though Judge Connor may have been better advised to enlist the aid of a deputy, it has been long-established that it is a judge’s “obligation ... to ‘protect the sanctity and dignity of ... courtroom proceedings .... … See Johnson, 125 F.3d at 34 (“A judge acts in the clear absence of all jurisdiction only when the matter upon which he acts is clearly outside the subject matter of the court over which he presides.”). .

Popovich v. Cuyahoga County Court Of Common Pleas

276 F.3d 808 · Court of Appeals for the Sixth Circuit · Jan 10, 2002

The case arises under Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132 , which provides that "no qualified individual with a disability shall, by reason of such disability, be excluded from participation … In the case before us, the essential constitutional right sounds most clearly not in equal protection but in due process.

Texaus Investment Corp., N.V. v. Haendiges

761 F.2d 252 · Court of Appeals for the Sixth Circuit · Apr 26, 1985

To determine whether, in a given situation, a municipality is entitled to sovereign immunity, the Ohio Supreme Court established the following guidelines: 1. … In the instant case, Judge Dowd was particularly well qualified to determine whether the Ohio courts would apply the public duty doctrine.

Zihra Saad v. City of Dearborn Heights

546 F. App'x 552 · Court of Appeals for the Sixth Circuit · Nov 25, 2013

The facts as alleged must show that the defendant violated a constitutional right and that the right was clearly established. Saucier v. Katz, 533 U.S. 194, 201(2001); Pearson v. … A right is clearly established when “it would be clear to a reasonable officer that his conduct was unlawful in the situation he confronted.” Saucier, 533 U.S. at 202.

In re Patrick

833 F.3d 584 · Court of Appeals for the Sixth Circuit · Aug 12, 2016

In 2010, Patrick filed a 28 U.S.C. § 2241 petition, arguing that his conviction for reckless aggravated assault no longer qualified as a crime of violence under Begay v. … Johnson establishes, in other words, that even the use of impeccable factfinding procedures could not legitimate a sentence based on that clause. Id.

Estate of John T. Higgins, Deceased Manufacturers National Bank of Detroit, Personal Representative v. Commissioner of Internal Revenue

897 F.2d 856 · Court of Appeals for the Sixth Circuit · Apr 18, 1990

The factual findings of the tax court shall not be overturned unless clearly erroneous. Id. Prior to 1982, estate tax law denied a marital deduction for “terminable interest” property. … question must be answered by checking the “YES” block and, if the total gross estate is greater than $500,000 (as is the gross estate of Higgins), the property for which this election is made must be included in Schedule M and clearly

United States v. James P. Fitch

964 F.2d 571 · Court of Appeals for the Sixth Circuit · May 20, 1992

We are unable to say that the district court’s determination was clearly erroneous. United States v. Barrett, 890 F.2d 855, 863 (6th Cir.1989). … If a breach of an immunity agreement is established, the available remedies are those specified in the agreement. Id.; United States v. Irvine, 756 F.2d 708, 710-12 (9th Cir.1985); United States v.

United States v. Michael Thomas and Joseph Yoppolo

488 F.2d 334 · Court of Appeals for the Sixth Circuit · Dec 6, 1973

Texas, 388 U.S. 14 , 87 S.Ct. 1920 , 18 L.Ed.2d 1019 (1967), which clearly established that a party’s right to present his own witnesses in establishing a defense is a fundamental element of due process of law and is protected … Nothing short of complete immunity, if even that, could have relieved Asaro’s apprehension, and restored his free and voluntary choice, eliminating the prejudice.

Abel v. Harp

278 F. App'x 642 · Court of Appeals for the Sixth Circuit · May 23, 2008

Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … Was the Right Clearly Established?

Jones v. Duncan

840 F.2d 359 · Court of Appeals for the Sixth Circuit · Mar 7, 1988

The state court ruled that the Commission members who were acting as "relators" in the ouster proceedings had failed to establish a prima facie case. … Our reversal of the dismissal will also require the district court to now consider any other defenses, such as qualified immunity, which may have been advanced but not resolved, as well as other theories of liability advanced

Daniels v. Woodside

396 F.3d 730 · Court of Appeals for the Sixth Circuit · Jan 24, 2005

Woodside argued that he is entitled to qualified immunity for his actions. The district court granted Anchor Bay’s motion, but denied Woodside’s. … Woodside brings an interlocutory appeal of the district court’s denial of his motion for summary judgment on qualified immunity grounds and the denial of his motion to amend the judgment.

United States v. King

840 F.2d 1276 · Court of Appeals for the Sixth Circuit · Mar 4, 1988

The activities of the defendant members of the cult group clearly fall within both the (a) and (b)(1) parts of the Kozminski standard. … The framers clearly did intend that parents were entitled to enter into master/apprentice agreements, and agreements analogous to them.

Miller v. Stovall

608 F.3d 913 · Court of Appeals for the Sixth Circuit · Jun 22, 2010

Under 28 U.S.C. § 2254 (d)(1), state-court judgments are immune from attack on habeas unless they are “contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme … with a sufficient level of specificity to qualify as “clearly established” under AEDPA.

Expert Masonry v. Boone Cnty

Court of Appeals for the Sixth Circuit · Mar 8, 2006

As we have elaborated, to establish a claim under section 1, the plaintiff must establish that the defendants contracted, combined or conspired among each other, that the combination or conspiracy produced … damages enjoyed by local governments, 15 U.S.C. § 35(a), and state action immunity.

Veronica McQueen v. Beecher Community Schools

433 F.3d 460 · Court of Appeals for the Sixth Circuit · Jan 5, 2006

The district court held that Hughes is protected by qualified immunity- Respondeat superior is not a proper basis for liability under § 1983. Leary v. Daeschner, 349 F.3d 888, 903 (6th Cir.2003); Bellamy v. … Because Hughes did not violate Doe’s constitutional rights, "there is no necessity for further inquiries concerning qualified immunity.” Saucier v. Katz, 533 U.S. 194 , 201, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001). 10 .

United States v. Paul Lochmondy (88-2049) Charles Ludlow (88-2134)

890 F.2d 817 · Court of Appeals for the Sixth Circuit · Nov 28, 1989

Plantefaber’s immunity agreement did not expressly give him immunity for federal tax violations, but arguably implied that he had immunity for criminal tax violations in that it expressly stated he did not have immunity for … The defendants argued that since Plantefaber’s immunity agreement included immunity from criminal tax violations, they should be allowed to view his income tax returns in order to see what he had been given immunity from.

Mary Jane Sims v. Max Cleland, Administrator of Veterans Affairs

813 F.2d 790 · Court of Appeals for the Sixth Circuit · Mar 13, 1987

In general, both men stated that all five applicants were qualified for the position, but recommended that Arthur Kraut was most qualified and should receive the promotion. … The district court clearly found in its opinion that the VA had advanced two alternative, nondiscriminatory reasons for its promotion decision: (1) that Sims was not qualified due to her deficiency in the medical malpractice