Case law

Pinney Dock And Transport Co. v. Penn Central Corp.

838 F.2d 1445 · Court of Appeals for the Sixth Circuit · Apr 13, 1988

Sec. 10706 (a)(2)(A). 8 In addition to the qualified immunity under the Reed-Bulwinkle Act, the Keogh doctrine 9 has long protected carriers from antitrust damages based on alleged discriminatory rates which have been approved … Thus, it appears that this factor favors the defendants. 99 On balance, the AGC factors clearly favor the defendants.

Patricia Levine v. Louis DeJoy

64 F.4th 789 · Court of Appeals for the Sixth Circuit · Apr 10, 2023

Under that framework, a plaintiff must first establish a prima facie case of disparate treatment. Burdine, 450 U.S. at 253. … See id. at 628 (“If two reasonable decisionmakers could consider the candidates’ qualification and arrive at opposite conclusions as to who is more qualified, then clearly one candidate’s qualifications are not significantly

Bituminous Casualty Corporation, and Cross-Appellant v. James T. Lynn, Secretary of Housing and Urban Development, and Cross-Appellee

503 F.2d 636 · Court of Appeals for the Sixth Circuit · Oct 2, 1974

The record established beyond doubt that an insurance crisis exists in southeast Kentucky. … This policy is in line with the current disfavor of the doctrine of governmental immunity from suit, as evidenced by the increasing tendency of Congress to waive the immunity where federal governmental corporations are concerned

Bailey v. Port Huron

Court of Appeals for the Sixth Circuit · Nov 1, 2007

To overcome a defendant’s claim to qualified immunity, a plaintiff must establish (1) that the defendant violated a “constitutional right” and (2) that the right “was clearly established.” Saucier v. … There, we declined to establish a privacy right in personal information collected during an internal investigation of corrections officers accused of sexually assaulting prisoners. Id. at 451, 456–57.

Milton Jaffe v. Cleveland Heights-University Heights City Board of Education, and Irving Moscowitz

983 F.2d 1066 · Court of Appeals for the Sixth Circuit · Jan 7, 1993

Id. at 530 . 9 "Government officials performing discretionary functions are afforded qualified immunity, shielding them from civil damages, as long as their conduct 'does not violate clearly established statutory or constitutional … , such that it cannot be determined before trial whether the defendant did acts that violate clearly established rights."

Logan Houle v. Marion Police Dep't

Court of Appeals for the Sixth Circuit · Mar 27, 2026

Houle challenges the district court’s determination that the officers were entitled to qualified immunity on the excessive-force claim. … To overcome qualified immunity, Houle must show that May’s actions violated a constitutional right, and that the right was “clearly established”—meaning that the caselaw would have made clear to May “that his conduct was

Mihalek Corp. v. Michigan

814 F.2d 290 · Court of Appeals for the Sixth Circuit · Mar 18, 1987

Notice of copyright was clearly placed on all of the works, even though not necessary for unpublished works, 17 U.S.C. § 401 (a). Infringement thereof is therefore with actual notice of claim to copyright. … Accordingly, we AFFIRM the judgment of the district court that there is no copyright infringement established because of a lack of substantial similarity between the products.

Glenn Tinney v. Richland County

678 F. App'x 362 · Court of Appeals for the Sixth Circuit · Feb 6, 2017

Defendants are entitled to qualified immunity on this claim because the right at issue was not clearly established in 1992. B. … rights appellants had to receive exculpatory evidence prior to entering their pleas was not clearly established.”

Jeffrey Wolgast v. John Richards

389 F. App'x 494 · Court of Appeals for the Sixth Circuit · Aug 9, 2010

When a defendant raises qualified immunity as a defense, the plaintiff has the burden to show that a constitutional right is clearly established; but, because qualified immunity is an affirmative defense, the defendant … But under § 1983, an officer is entitled to qualified immunity if “he or she could reasonably (even if erroneously) have believed that the arrest was lawful, in light of clearly established law and the information possessed

Sargent v. City of Toledo Police Department

150 F. App'x 470 · Court of Appeals for the Sixth Circuit · Oct 6, 2005

most favorable to the plaintiff, sufficiently establish a violation of a constitutional right; and (2) if the facts do suggest a violation, whether the right at issue was clearly established. … Accordingly, he is afforded qualified immunity and the decision of the district court is affirmed.2 B.

32 Fair empl.prac.cas. (Bna) 829, 32 Empl. Prac. Dec. P 33,763 Curtis Foulks, Jr., Cross-Appellant v. Ohio Department of Rehabilitation and Correction, Adult Parole Authority, and Morris Deforge, and John R. Himmelright, Cross-Appellees

713 F.2d 1229 · Court of Appeals for the Sixth Circuit · Aug 4, 1983

Whereas Congress amended Title VII in 1972 specifically to establish state liability for violations of the Civil Rights Act of 1964, see 42 U.S.C. § 2000e(a), (f); Fitzpatrick v. … Amendment immunity.

John W. Vicory v. Robert R. Walton, Sheriff of Butler County and John F. Holcomb, Butler County Prosecutor

721 F.2d 1062 · Court of Appeals for the Sixth Circuit · Mar 28, 1984

The defendant prosecutor was clearly absolutely immune under the doctrine of Im-bler v. … Secondly, the Supreme Court of the United States has expressly limited the scope of Parratt to cases involving a property loss resulting from a “ ‘random and unauthorized act by a state employee ... not a result of some established

Tyrone K. Harris v. United States

204 F.3d 681 · Court of Appeals for the Sixth Circuit · Feb 25, 2000

A sentence of one or more years “PNC” thus qualifies under § 4Al.l(c) as a term of probation of at least one year. See Gay, 1999 WL 1111517 , at *7. Because an objection to inclusion of Mr. … Harris also argues that his attorney should have objected to the drug quantities used in establishing his base offense level under the guidelines.

Shack v. Southworth

521 F.2d 51 · Court of Appeals for the Sixth Circuit · Jul 28, 1975

The findings of fact are supported by substantial evidence and are not clearly erroneous. Rule 52(a), Fed.R. Civ.P. … Further, the appellant could identify no qualified black applicants who had been denied employment as a deputy sheriff.

Todd v. Weltman, Weinberg

Court of Appeals for the Sixth Circuit · Jan 13, 2006

The district court found that the statute was unconstitutional because it violated the constitutional protection of due process; however, it found that the plaintiff and his attorney had qualified immunity “for conduct arising … 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.

City of Cleveland v. Ohio

508 F.3d 827 · Court of Appeals for the Sixth Circuit · Nov 21, 2007

Nonetheless, an agency’s interpretations of its own rules are entitled to deference “as long as they are reasonable, are clear, and are clearly applicable in this case.” Littriello v. … In the latter case, the Court observed that the in-state residents “have no claim under the Privileges and Immunities Clause.”

Gregory Sistrunk v. City of Hillview, Ky.

Court of Appeals for the Sixth Circuit · Apr 19, 2024

On appeal, Sistrunk argues principally that Boone is not entitled to qualified immunity because the warrant clearly failed to establish probable cause to believe that Alexander lived at the residence. … In sum, Sistrunk has not established that Boone violated clearly established law by relying on the warrant in this case. Boone is thus entitled to qualified immunity. E.

M.J. v. Akron City Sch. Dist Bd. of Educ.

1 F.4th 436 · Court of Appeals for the Sixth Circuit · Jun 15, 2021

It did, however, grant her summary judgment in the end because it found she was entitled to qualified immunity. … And to establish the causation that both Acts require, “the plaintiff must establish a but-for relationship between the protested act and the individual’s disability.” Id.

Christina Smith v. Erie County Sheriff's Dep't

603 F. App'x 414 · Court of Appeals for the Sixth Circuit · Feb 26, 2015

Qualified immunity is a shield to § 1983 liability and; when raised, the burden to show that a defendant is not entitled to qualified immunity shifts to a plaintiff. Chappell v. … To show that qualified immunity is not warranted, a plaintiff must show that: (1) undisputed evidence gives rise to a constitutional violation; and (2) the right was clearly established at the time of the incident.

Tony Harrison v. Gary Humphreys

38 F.3d 1216 · Court of Appeals for the Sixth Circuit · Oct 24, 1994

The motion for summary judgment of defendant Police Chief Gary Humphreys asserted, among other things, the defense of qualified immunity. … There is not a single case which establishes such a right, and if this court were to find one, there would be no end to the ramifications of such a holding. 6 Because there is no clearly established right that Humphreys should