Case law

United States v. Martavious Kincaide

119 F.4th 1074 · Court of Appeals for the Sixth Circuit · Oct 28, 2024

This circuit’s cases applying the experience prong have also demanded a long-established and widespread tradition of public access, though not necessarily one dating to the Founding era. … Informal immunity agreements typically unfold without judicial involvement and, thus, would not become public knowledge absent disclosure by the parties or a request for judicial intervention to remedy a breach.

Akrawi v. Booker

572 F.3d 252 · Court of Appeals for the Sixth Circuit · Jul 10, 2009

This scope of Brady’s requirements was clearly established when the Michigan Court of Appeals ruled in December 2003. … Inasmuch as Harris stands for the proposition that Brady's application to tacit agreements was clearly established in 2001, it must be deemed clearly established in 2003 as well. See Smith v.

National Labor Relations Board v. United Ass'n of Journeymen & Apprentices

424 F.2d 390 · Court of Appeals for the Sixth Circuit · Apr 8, 1970

, maintained, or assisted by any action defined in subsection (a) of this section as an unfair labor practice) because (1) the majority status of such labor organization has not been established under the provisions of section … In consideration of the foregoing Agreement by the Employer, the Unions agree to furnish competent and qualified applicants for reference when requested, as provided in the above paragraph, upon a nondis-eriminatory basis

Tilford Youngblood v. John W. Dalzell v. Cincinnati Firefighters Union, Intervenor-Appellant

804 F.2d 360 · Court of Appeals for the Sixth Circuit · Nov 7, 1986

The appellees, pointing out that paragraph 27 requires the city to use a system for promoting qualified minority firefighters, state that the decree clearly authorizes affirmative remedies. … Instead, it established a goal of having a workforce in the Division of Fire that would be 18% black by 1980.

Brooks Lee Anderson v. Wilburn C. Johnson, Warden, Tennessee State Penitentiary

371 F.2d 84 · Court of Appeals for the Sixth Circuit · Dec 22, 1966

Negroes from the grand and petit juries in Maury County, Tennessee, in 1949, including the following: “Petitioner has failed to establish a prima facie case of purposeful discrimination or exclusion of qualified negroes … negro population would qualify for jury duty.

John Maniaci v. Michael D. Schwartz Connie K. Duboise Edna Miller

25 F.3d 1049 · Court of Appeals for the Sixth Circuit · May 11, 1994

25 F.3d 1049 NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished … While Maniaci did concede that while Judge Schwartz "is clearly immune from damages," the latter was alleged to be continuing to act in violation of his "constitutional rights."

Antoinette Russo (No. 90-3240), Mildred Maloney (No. 90-3241) v. Carl Massullo

927 F.2d 605 · Court of Appeals for the Sixth Circuit · Mar 5, 1991

When the dispositive issue is qualified immunity, the court should deny summary judgment if there is a genuine issue of fact on which the question of immunity turns. Id. … By stepping outside these bounds, a defendant sheds the cloak of qualified immunity. 20 With regard to qualified immunity, the dispositive question becomes whether a reasonable official in the defendants' position could have

Brandenburg v. Aetna Life Insurance

28 F. App'x 416 · Court of Appeals for the Sixth Circuit · Jan 22, 2002

The record establishes that Taulbee did not provide written notice of permanent and total disability to Aetna within twelve months following the date that he ceased active work for Arch. … The Taulbees have therefore failed to establish that Taulbee qualified for the premium waiver benefit, regardless of when Aetna was given notice that the claim for the benefit was being made.

Island Creek Kentucky Mining v. Roy Ramage, Sr.

737 F.3d 1050 · Court of Appeals for the Sixth Circuit · Dec 17, 2013

Repsher reviewed were qualifying under federal standards. Id. … In the case of a living miner, a wife’s affidavit may not be used by itself to establish the presumption.

James Mitchell v. Hamilton County, Tenn.

Court of Appeals for the Sixth Circuit · Mar 21, 2024

To overcome qualified immunity, Mitchell also must show that his asserted right was clearly established at the time. … Wilkey and Brewer are entitled to qualified immunity unless Mitchell shows both (1) that the deputies violated a constitutional right and (2) that the right was clearly established at the time of the violation.

Eddie Pillow v. City of Lawrenceburg, Tennesse

319 F. App'x 347 · Court of Appeals for the Sixth Circuit · Nov 3, 2008

The district court granted summary judgment to the City, but it denied qualified immunity to Russ on each of the federal claims. … To overcome an officer’s claim of qualified immunity, a plaintiff must demonstrate (1) that the officer violated a “constitutional right” and (2) that the right was “clearly established” at the time of the officer’s actions

Dana Simmons v. Andrew Beshear

Court of Appeals for the Sixth Circuit · Dec 9, 2022

And it is not clearly established that the enforcement of an at-work COVID mask policy shocks the conscience. Thus, Defendants are entitled to qualified immunity. No. 22-5404, Simmons v. … “[O]fficers are entitled to qualified immunity under § 1983 unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was ‘clearly established at the time.’”

Daretha Braziel v. Gretchen Whitmer

Court of Appeals for the Sixth Circuit · Aug 28, 2024

The district court granted qualified immunity to a number of individuals but denied Muhammad’s and O’Malley’s claims of qualified immunity. … , and (2) that the right was clearly established at the time of the challenged conduct.”

Gary Arnett v. Gary T. Myers, Executive Director of the Tennessee Wildlife Resources Agency

281 F.3d 552 · Court of Appeals for the Sixth Circuit · Apr 10, 2002

Sovereign Immunity. … Eleventh Amendment sovereign immunity does not bar the Arnetts’ claims in this case.

Karen F. Peltier v. United States

388 F.3d 984 · Court of Appeals for the Sixth Circuit · Oct 28, 2004

For example, Peltier's unique access to the sensitive information that the agency suspected was leaked— particularly the information concerning the Ramada Inn, which was noted on the napkin in the suspect's residence — clearly … In order to establish a prima facie case of disability discrimination under the Rehabilitation Act, Peltier must show that: (1) she is a disabled person under the Act; (2) she is otherwise qualified; and (3) she was denied

Edgar L. BURNETT, Plaintiff-Appellant, v. CHICKASAW AREA DEVELOPMENT COMMISSION, Defendant-Appellee

662 F.2d 1210 · Court of Appeals for the Sixth Circuit · Nov 24, 1981

O’Neal Deming, who was the most qualified man to do the job that was needed to be done. … In our opinion, the court’s findings of fact are supported by substantial evidence and they are not clearly erroneous. Rule 52 Fed.R.Civ.P.

Sallee R. Bruhwiler v. University of Tennessee and Dr. D.T. Stafford

859 F.2d 419 · Court of Appeals for the Sixth Circuit · Dec 1, 1988

The district court also found in favor of Bruhwiler on the constructive discharge claim because Bruhwiler established that a reasonable person in her shoes would have felt compelled to resign. … The district court plausibly found that Bruhwiler was fully qualified and that the defendant’s proffered reason for non-promotion was pretext for discriminatory action.

John Hamilton and Jo-Bet, Inc., a Michigan Corporation D/B/A Henry the Viii South v. Lawrence Lokuta, Individually

9 F.3d 1548 · Court of Appeals for the Sixth Circuit · Nov 9, 1993

Cross-motions for summary judgment were filed, defendant Lokuta asserting a defense of qualified immunity, among other things. … their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known."

Randy Haight v. LaDonna Thompson

763 F.3d 554 · Court of Appeals for the Sixth Circuit · Aug 15, 2014

Sossa-mon does not establish that RLUIPA’s provision for “appropriate relief’ categorically excludes monetary damages. … It establishes only that the term “does not so clearly and unambiguously waive sovereign immunity to private suits for damages that we can be certain that the State in fact consents to such a suit.”

Simon v. Cook

261 F. App'x 873 · Court of Appeals for the Sixth Circuit · Jan 30, 2008

II We “review[] de novo a district court’s grant of summary judgment on qualified immunity grounds, ‘because the determination of whether qualified immunity is applicable to an official’s actions is a question of … The existence of qualified immunity is a legal question for the court unless there is a genuine issue of material fact regarding whether the defendant actually committed acts that would violate a clearly established right