Case law

Gambrel v. Kentucky Board Of Dentistry

689 F.2d 612 · Court of Appeals for the Sixth Circuit · Nov 16, 1982

at 943 , 51 the court runs these two requirements together and concludes that if the policy is clearly articulated in a statute that establishes standards of conduct, then it is also actively supervised. … As Parker established and the Court has repeated through the years, "a state does not give immunity to those who violate the Sherman Act by authorizing them to violate it, or by declaring that their action is lawful ...."

Cornell Thomas v. Rodney Haltom, Paul Diambra, and Clifford Friese

840 F.2d 18 · Court of Appeals for the Sixth Circuit · Feb 29, 1988

immunity. … that were 'clearly established' at the time it was taken."

Clayton Byrd v. Tenn. Wine & Spirits Retailers Ass'n

883 F.3d 608 · Court of Appeals for the Sixth Circuit · Feb 21, 2018

Clearly, the Supreme Court refused to overrule Bacchus or limit Bacchus to its facts. … Rhode Island , 517 U.S. 484 [ 116 S.Ct. 1495 , 134 L.Ed.2d 711 ] (1996) ; the Establishment Clause, Larkin v.

Bertha Steele v. City of Cleveland

375 F. App'x 536 · Court of Appeals for the Sixth Circuit · Apr 28, 2010

Defendants have invoked qualified immunity, which “shields government officials from liability for civil damages if their actions did not violate clearly established statutory or constitutional rights of which a reasonable … Thus, as the district court concluded, the defendant officers are entitled to qualified immunity.

In re Ohio Execution Protocol Litig.

937 F.3d 759 · Court of Appeals for the Sixth Circuit · Sep 11, 2019

“A plaintiff seeking a preliminary injunction must establish that he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the  No. 19-3064 … The district court therefore clearly erred in concluding to the contrary.

Carol L. Kirchner GAFFORD, Plaintiff-Appellant, v. GENERAL ELECTRIC COMPANY, Defendant-Appellee

997 F.2d 150 · Court of Appeals for the Sixth Circuit · Jun 18, 1993

Waiters' & Dairy Lunchmen's Union Local 30, 694 F.2d 531 , 543-44 (9th Cir.1982) ("Applying the clearly erroneous standard to the district court’s determination that an employment discrimination plaintiff failed to establish … Hughes Helicopters, Inc., 708 F.2d 475, 480 (9th Cir.1983) ("Our past cases are divided as to whether our review of a lower court's ultimate finding regarding establishment of a prima facie case is de novo or under a 'clearly

Mendy Barnett v. Dep't of Children's Services

Court of Appeals for the Sixth Circuit · Nov 12, 2020

Equally ill-advised is defining a clearly established law too rigidly. Qualified immunity, after all, must give government officers “breathing room to make reasonable but mistaken judgments,” Kent v. … clearly established law inquiry.

Cheryl Beans v. City of Massillon

706 F. App'x 295 · Court of Appeals for the Sixth Circuit · Aug 29, 2017

immunity. … Government officials are entitled to qualified immunity unless their conduct violates a statutory or constitutional right that has been clearly established such that “a reasonable official would understand that what he

United States v. Geisen

612 F.3d 471 · Court of Appeals for the Sixth Circuit · Jul 15, 2010

Consequently, “[t]o establish a violation of § 1001, the Government must prove beyond a reasonable doubt that the statement was made with knowledge of its falsity,” United States v. … The Biaggi court held that “the probative force of a rejected immunity offer is clearly strong enough to render it relevant” because an immunity offer would “preclude all exposure to a conviction and its consequences.” 909

Plinton v. County of Summit

Court of Appeals for the Sixth Circuit · Sep 2, 2008

Established in 1991, the SCDU was a multi-jurisdictional unit designed to combat drug trafficking in Summit County, Ohio, where the University is located. Lavery worked in the SCDU full time dealing with drug cases. … Id. at 5 (decision of immunity for Lavery). The liability phase of the trial for the remaining claims is currently scheduled for April 2009.

Carl Sanderson, D/B/A Cue Room Family Billiards v. Village of Greenhills

726 F.2d 284 · Court of Appeals for the Sixth Circuit · Feb 1, 1984

After three weeks of remodeling, during which time a sign clearly visible from the street announced the nature of the new business, Sanderson opened his establishment at 4:00 p.m. on August 24, 1982. … In order to maintain an action under 42 U.S.C. § 1983 , a person must show that he has been deprived of a “right[ ], privilege[ ], or immunity] secured by the Constitution” by another person acting “under color of any statute

John Heykoop v. Mich. State Police

Court of Appeals for the Sixth Circuit · Dec 16, 2020

State Police The defendants also moved for summary judgment, based in part on qualified immunity, arguing that a towing company’s remaining on a police call list is not a clearly established property interest. … Qualified immunity shields government officials in the performance of discretionary functions from standing trial for civil liability unless their actions violate clearly established rights of which a reasonable person

National Labor Relations Board v. United Association Of Journeymen And Apprentices Of The Plumbing And Pipefitting Industry Of The United States And Canada

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

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 nondiscriminatory basis. … men involved.' 17 There clearly was substantial evidence on this whole record to support this conclusion.

Mitchell v. Boelcke

440 F.3d 300 · Court of Appeals for the Sixth Circuit · Mar 1, 2006

Mitchell and Culpepper also maintain that the evidence adduced at trial in this matter clearly established selective enforcement of the laws by the police against African-American suspects. … They have not attempted to justify the verdict on the alternative ground that they were entitled to qualified immunity.

Connie Reguli v. Sharon Guffee

371 F. App'x 590 · Court of Appeals for the Sixth Circuit · Mar 31, 2010

These actions, however, are protected by qualified immunity. Plaintiffs cannot “simply identify a clearly established right in the abstract and allege that the defendant has violated it. … Instead, the plaintiff must show a substantial correspondence between the conduct in question and prior law allegedly establishing the defendant’s actions were clearly prohibited.” Hughes v.

44 Fair empl.prac.cas. 857, 44 Empl. Prac. Dec. P 37,369 Kent County Sheriff's Association, and Patricia A. Musgrave, Cross-Appellants v. County of Kent, Philip J. Heffron, Individually and as Sheriff of Kent County, Cross-Appellee

826 F.2d 1485 · Court of Appeals for the Sixth Circuit · Aug 13, 1987

there was no opening in the road patrol to which she was qualified to transfer. … Although the meaning of the phrase "clearly erroneous" is not immediately apparent, ...

Tussey v. Island Creek Coal Co.

982 F.2d 1036 · Court of Appeals for the Sixth Circuit · Jan 13, 1993

Only one of several arterial blood gas tests produced a reading that established total disability, but the AU accepted two consulting physicians’ opinions that this test, though apparently “qualifying,” was unreliable for … It is clearly established that opinions of treating physicians are entitled to greater weight than those of non-treating physicians. See, e.g. Sexton v. Director, OWCP, 752 F.2d 213, 215-16 (6th Cir.1985); Collins v.

United States v. Carpenter, Sheila

360 F.3d 591 · Court of Appeals for the Sixth Circuit · Mar 9, 2004

Hove, 848 F.2d 137, 140 (9th Cir.1988) (“The Leon test for good faith reliance is clearly an objective one and it is based solely on facts presented to the magistrate. … immunity protected an officer conducting a warrantless search that was undertaken because of exigent circumstances.

Westmoreland v. Sutherland

662 F.3d 714 · Court of Appeals for the Sixth Circuit · Dec 6, 2011

With respect to his individual capacity claim, the district court found that the Mayor was entitled to qualified immunity because it was at least reasonable to believe that the statements were intentionally or recklessly … Contrary to plaintiff’s assertion on appeal, See cannot be disregarded or distinguished merely as a qualified immunity case.

United States v. Highsmith

60 F. App'x 517 · Court of Appeals for the Sixth Circuit · Jan 16, 2003

Once the government has established that the defendant “possessed” the gun during the commission of the offense, a presumption arises that the weapon was connected to the offense, and the defendant may overcome this only … by showing that it was clearly improbable that the weapon was connected with the offense.