Case law

McCarthy v. Middle Tennessee Electric Membership Corp.

466 F.3d 399 · Court of Appeals for the Sixth Circuit · Oct 17, 2006

Thus, the TVA is entitled to antitrust immunity on the basis of at 472. … Tennessee clearly authorizes the Cooperatives to enter into contracts with the TVA. TENN. CODE ANN. § 65-25-205.

Ben Fry v. Ron Robinson

678 F. App'x 313 · Court of Appeals for the Sixth Circuit · Jan 31, 2017

Qualified Immunity For a plaintiff to meet its burden to show that a government official is not entitled to qualified immunity, the plaintiff must show that (1) the facts, when taken in the light most favorable … Fry therefore failed to establish that qualified immunity does not apply to the malicious prosecution - 13 - Case No. 16-3498, Fry v. Robinson claim.

Brian Williams v. United States

875 F.3d 803 · Court of Appeals for the Sixth Circuit · Nov 15, 2017

Because binding circuit precedent establishes that Williams necessarily qualified for the enhancement under the ACCA elements clause, he is not entitled to relief. … But when binding precedent clearly establishes that a violent felony used to enhance the movant’s sentence under the ACCA qualifies as a predicate offense under a separate provision of the ACCA, like the elements clause,

James Thompson v. Anthony J. Celebrezze, Secretary of Health, Education and Welfare

334 F.2d 412 · Court of Appeals for the Sixth Circuit · Jul 22, 1964

It seems, therefore, that the Examiner has accepted the reports and opinions of the examining physicians, as he stated that “the evidence clearly demonstrates that claimant is qualified by training and work experience for … The Hearing Examiner further said that the evidence clearly demonstrated that claimant was qualified by training and work experience for work of a sedentary type, involving the maintenance of records of numerous types and

Melvin Kindle v. City of Jeffersontown, Kentucky

374 F. App'x 562 · Court of Appeals for the Sixth Circuit · Mar 15, 2010

Qualified Immunity We review a district court’s grant of summary judgment on qualified immunity de novo. Center for Bio-Ethical Reform, Inc. v. City of Springboro, 477 F.3d 807, 825 (6th Cir.2007). … In the instant case, the inquiry into whether Mayor Foreman should receive qualified immunity asks whether Foreman violated Plaintiffs’ First Amendment rights and whether these rights were clearly established in light of

McKenzie v. City of Detroit

74 F. App'x 553 · Court of Appeals for the Sixth Circuit · Aug 27, 2003

immunity. … For these reasons, the district court granted Officer Truel qualified immunity for shooting McKenzie.

James Jackson v. Jim Wilkins

517 F. App'x 311 · Court of Appeals for the Sixth Circuit · Mar 6, 2013

In sum, Jackson’s Estate cannot prove to a jury that Blaskie and Wilkins used excessive force during the arrest, or that they violated clearly established law. They are therefore entitled to qualified immunity. B. … The Estate can also show that Jackson’s right to adequate medical care was clearly established at the time of the injury. See Estate of Carter, 408 F.3d at 313 . Wilkins is not entitled to qualified immunity. 2.

Desmond Ricks v. David Pauch

Court of Appeals for the Sixth Circuit · Oct 13, 2021

To overcome a qualified immunity defense, a plaintiff must show that the official violated a constitutional right that was “clearly established at the time” of the official’s conduct. District of Columbia v. … Satterfield, 167 F.3d 995, 1005–07 (6th Cir. 1999) (recognizing that this right was clearly established as early as 1990).

Srisavath v. City of Brentwood

115 F. App'x 820 · Court of Appeals for the Sixth Circuit · Nov 12, 2004

Second, we consider whether the violation involved a clearly established constitutional right of which a reasonable person would have known. … Regarding the second prong, the constitutional right at issue here is clearly established.

Satkowiak v. Bay County Sheriff's Department

47 F. App'x 376 · Court of Appeals for the Sixth Circuit · Sep 26, 2002

Miller likewise moved for dismissal of the complaint under Federal Rule of Civil Procedure 12(b)(6), arguing that Satkowiak was not deprived of any due process rights and that Miller was entitled to qualified immunity for … Miller responds to Satkowiak’s appeal by arguing that Satkowiak fails to state a liberty or a property interest, and that qualified immunity shields Miller from suit. We now address those issues. II.

Stew Farm, Ltd. v. Natural Resources Conservation Service

767 F.3d 554 · Court of Appeals for the Sixth Circuit · Aug 25, 2014

As to the declaratory relief against the NRCS, the district court concluded that STEW Farm “failed to meet its burden of establishing a waiver of sovereign immunity under which its claims against [NRCS] can be brought” because … Page 7 the regulations meet the goals stated in (A), (B), & (C) because the “to the maximum extent practicable” language clearly vests discretion with the Secretary.

United States v. McMurray

653 F.3d 367 · Court of Appeals for the Sixth Circuit · Aug 4, 2011

We must consider only the facts necessarily admitted by the defendant in pleading guilty even if we are forced “to feign agnosticism about clearly knowable facts.” … Because the documents do not establish that McMurray necessarily pleaded guilty to a section of the Tennessee aggravated-assault statute qualifying as a “violent felony,” McMurray’s conviction does not qualify as a predicate

April Heard v. Monique Thomas

Court of Appeals for the Sixth Circuit · Jun 26, 2023

We affirm the denial of qualified immunity on the student’s Fourth Case No. 22-5699, Heard v. … Nor more availing is Thomas’s assertion that her actions were not clearly established as improper.

Keeton v. Metropolitan Government

228 F. App'x 522 · Court of Appeals for the Sixth Circuit · Mar 29, 2007

The patrol officers argue that they are entitled to qualified immunity because the law regarding the “exigent circumstances” exception to the Fourth Amendment warrant requirement did not clearly establish that their entry … “Qualified immunity is an affirmative defense that shields government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which

United States v. Herman Ueber

303 F.2d 462 · Court of Appeals for the Sixth Circuit · Jun 4, 1962

We now consider whether such findings of fact are clearly erroneous (Rule 52(a) F.R.Civ.P., 28 U.S.C.A.) when tested by the government’s burden of establishing such facts by clear, unequivocal and convincing evidence. … The factual inferences drawn by the District Judge are likewise immune from being set aside *464 unless clearly erroneous, Commissioner v. Duberstein, 363 U.S. 278 , 80 S.Ct. 1190 , 4 L.Ed.2d 1218 .

Jimmy Leftwich v. Mark Driscoll

Court of Appeals for the Sixth Circuit · May 19, 2023

A denial of summary judgment on qualified immunity grounds is reviewed de novo, Nelson v. … A government official is entitled to qualified immunity unless the plaintiff can establish that “(1) the facts show a violation of a constitutional right, and (2) the right at issue was clearly established when the event

Farras v. United States

2 F.2d 644 · Court of Appeals for the Sixth Circuit · Dec 13, 1924

Clearly the purport of it is that the jury disagreed as to tho guilt of the defendant on these counts. 2. … Concededly promises of immunity are admissible; they are, however, rarely made.

James England v. City of Columbus, Ohio

Court of Appeals for the Sixth Circuit · Jun 1, 2023

a constitutional right and (2) that right was clearly established. … Clearly Established Law Defendants also argue that the district court erred in holding that England’s right to be free from excessive force was clearly established.

Cameron v. Children's Hospital Medical Center

131 F.3d 1167 · Court of Appeals for the Sixth Circuit · Dec 2, 1997

omitted), as required for immunity to attach. … While he is acting as a security guard, he is clearly not a state employee.

Westside Mothers v. Olszewski

454 F.3d 532 · Court of Appeals for the Sixth Circuit · Jul 17, 2006

Finally, Congress did not explicitly foreclose recourse to § 1983 in this instance, nor has it established any remedial scheme sufficiently comprehensive to supplant § 1983. … We held that the district court erred in failing to consider this issue within the framework established by the Supreme Court in Blessing. Id. at 863.