Case law

David Fisher v. The City of Detroit Robert Butucal Richard Ivy Robert Gerds

4 F.3d 993 · Court of Appeals for the Sixth Circuit · Sep 9, 1993

Under these circumstances, the defense of qualified immunity would protect the officers from liability for damages in a Sec. 1983 suit. 8 21 A plaintiff may establish a successful Sec. 1983 claim by showing that, during the … The doctrine of qualified immunity provides that, "government officials performing discretionary functions, generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established

Jay L. Caplan and Eva M. Caplan v. United States

877 F.2d 1314 · Court of Appeals for the Sixth Circuit · Jun 30, 1989

We hold that the discretionary function exception to the Federal Tort Claims Act does not immunize the government from liability for Caplan’s injuries. II. … “[A] finding of negligence or the absence thereof will not be set aside unless the District Court’s determination is ‘clearly erroneous,’ under [Fed.R.Civ.P.] 52.”

In Re Storer

58 F.3d 1125 · Court of Appeals for the Sixth Circuit · Jul 13, 1995

Specifically, plaintiffs argue that Congress has clearly indicated a national policy of fresh start and that denying residents of Ohio the same fresh start as debtors of another state is not equal protection of the laws. … Likewise, it was rational for Congress to want "to create nationwide uniformity by establishing one list of exemptions contained in the federal Bankruptcy Code." Id. at 282-83.

Huron Valley Hospital, Inc. v. City Of Pontiac

887 F.2d 710 · Court of Appeals for the Sixth Circuit · Oct 13, 1989

The district court decided that defendants could claim neither qualified immunity nor a state action anti-trust exemption. 9 On appeal, another panel of this court affirmed that the defendants could not claim qualified immunity … Sec. 1983 . 15 Section 1983 authorizes the courts to redress violations of "rights, privileges, or immunities secured by the Constitution and [federal] laws" that occur under color of state law.

Vaughn McCline v. David Roose

351 F. App'x 997 · Court of Appeals for the Sixth Circuit · Nov 20, 2009

clearly established constitutional rights. … Thus, Roose’s case does not fall within the category of cases open to interlocutory appeal based on qualified immunity.

Ruth Booker, an Infant, by Dovie Booker, Her Mother and Next Friend v. State of Tennessee Board of Education

240 F.2d 689 · Court of Appeals for the Sixth Circuit · Jan 14, 1957

The Supreme Court there pointed out that a federal question may be unsubstantial “because it is ‘obviously without merit’ or because ‘its unsoundness so clearly results from the previous decisions of this court as to foreclose … The Board is authorized to establish a limit to the number of admissions, but the Board is not authorized to establish limitations based upon race or color. As stated by Chief Justice Hughes in Missouri ex rel.

United States v. Dennis Dempsey

733 F.2d 392 · Court of Appeals for the Sixth Circuit · Jun 12, 1984

Each indictment did charge at least one overt act, whether required to do so or not, and the court held that the proof must establish that at least one of the overt acts took place. … The credibility determination of the district judge is entitled to great deference and his finding of fact may not be set aside unless clearly erroneous.

Bailey White v. Hamilton County, Tenn.

Court of Appeals for the Sixth Circuit · Mar 25, 2024

Wilkey eventually moved for summary judgment on the grounds that, because he did not violate any of Riley’s clearly established constitutional rights, qualified immunity insulated him from § 1983 liability. … Wilkey now appeals the district court’s denial of qualified immunity from the unreasonable seizure and First Amendment claims.

McGraw v. Madison Township

231 F. App'x 419 · Court of Appeals for the Sixth Circuit · Apr 12, 2007

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 … Finally, the defendants do not dispute that illegal searches, seizures, and arrests constitute clearly established constitutional violations.

Jesse Adams v. Director, Owcp

886 F.2d 818 · Court of Appeals for the Sixth Circuit · Sep 29, 1989

Although the medical evidence presented to the AU was to a certain extent conflicting, Adams clearly established by x-ray that pneumoconiosis had invaded his lungs, see 20 C.F.R. § 718.202 (a)(1), and the Director has accordingly … This presumption went unrebutted. 3 In addition, the AU found that the qualifying results of a pulmonary function test established that Adams suffered from a totally disabling respiratory or pulmonary impairment.

Kerry Miller v. Gina Gettel

Court of Appeals for the Sixth Circuit · Apr 14, 2023

Because under Robertson a right to pre-plea disclosure of exculpatory evidence was not clearly established when Miller pleaded guilty, the district court erred in denying qualified immunity to Gettel and Fondren as to … When considering the “clearly established” prong of a qualified immunity claim, it is the particular circumstances that do all the work. See Rivas-Villegas v. Cortesluna, 142 S. Ct. 4, 8 (2021); see also Mullenix v.

Jennifer Hall v. Terry Carl

Court of Appeals for the Sixth Circuit · Mar 17, 2023

immunity,’” and “the issue appealed concerned . . . whether or not certain given facts showed a violation of ‘clearly established’ law.” … Schaffield also raises concerns unrelated to qualified immunity.

Robert Bean v. Steve Teague

Court of Appeals for the Sixth Circuit · Feb 26, 2014

was clearly established.” … The record does not clearly establish that the Nonapplicants knew they had to reapply for jobs they already had, or that they had the opportunity to do so.

United States v. Alexander Ovalle (94-1566) John Ovalle, Jr. (94-2044) Benito S. Canales (94-2100) Nicholas A. Garcia (94-2263)

136 F.3d 1092 · Court of Appeals for the Sixth Circuit · Apr 22, 1998

To understand fully the impact of the administrative order, it is necessary to review the procedures for establishing the qualified jury wheel in the Eastern District of Michigan. … First, although one purpose of the plan is to ensure that all citizens have an opportunity to be considered for service on grand ánd petit juries, clearly the one-in-five white or other jurors eliminated from this qualified

Penny Moore v. The Board of Education of the Johnson City Schools Dr. R. Mike Simmons, Superintendent of the Johnson City Schools

134 F.3d 781 · Court of Appeals for the Sixth Circuit · Apr 23, 1998

This case clearly falls in the first category. 2 We further explained our position in Mer-tik: Cases in which a due process challenge is made to deprivations resulting from the enforcement of an established state procedure … Clearly, if this period counts toward tenure, then Moore has indeed completed the required probationary period.

United States v. Sathon Evans

699 F.3d 858 · Court of Appeals for the Sixth Circuit · Nov 15, 2012

It found that his criminal conduct demonstrated “a life of disrespect for the law” and that Evans was “clearly a risk to reoffend.” … Robinson, 503 F.3d 522, 528 (6th Cir. 2007) (finding that it is incumbent upon the defendant to establish that his within-Guidelines sentence was unreasonable); United States v.

Cabinet for Human Resources, Commonwealth of Kentucky v. Northern Kentucky Welfare Rights Association

954 F.2d 1179 · Court of Appeals for the Sixth Circuit · Mar 30, 1992

The Act establishes an eligibility scheme in terms of household income levels. … Violations of rights, privileges, or immunities secured by federal statutory law as well as constitutional law are actionable under 42 U.S.C. § 1983 .

David Eddleman v. Ken McKee Warden

471 F.3d 576 · Court of Appeals for the Sixth Circuit · Dec 14, 2006

When a state court addresses a harmless-error claim on direct review, the clearly established federal law that it must apply is the Chapman standard. … Fulminante represents the best available explication of the “clearly established Federal law, as *586 determined by the Supreme Court of the United States,” relevant to Eddleman’s claim.

Gregory v. Hunt

24 F.3d 781 · Court of Appeals for the Sixth Circuit · May 18, 1994

The court then turned its attention to Tennessee law, and specifically examined the history of Tennessee’s sovereign immunity doctrine. … In the instant *788 case, plaintiffs claim of entitlement is clearly insufficient when examined in light of Tennessee law.

Cary Williams v. Kenton Cnty., Ky.

Court of Appeals for the Sixth Circuit · Dec 18, 2023

An officer is entitled to qualified immunity unless he or she violated a clearly established statutory or constitutional right. Pearson v. Callahan, 555 U.S. 223, 231–32 (2009). … And, because there is a clearly established right to be free from force when neither posing a threat nor actively resisting, a reasonable jury could find that Schoultheis violated Williams’s clearly established rights.