Case law

Jane Doe v. City of Mansfield

Court of Appeals for the Sixth Circuit · Feb 8, 2023

At summary judgment, the district court denied Remy qualified immunity. Because the right in question was not clearly established, we reverse. No. 22-3052, Doe v. … “Qualified immunity is an affirmative defense that shields government officials performing discretionary functions from liability for civil damages insofar as their conduct does ‘not violate clearly established statutory

Wuichet v. United States

8 F.2d 561 · Court of Appeals for the Sixth Circuit · Nov 13, 1925

That this element of an offense may be implied from established faets is beyond dispute. McDonald v. United States (6 C. C. A.) 241 F. 793 , 154 C. C. A. 495 . … Under the law of Ohio women are qualified to serve on juries in the state court.

Sandra Farinacci v. City of Garfield Heights

461 F. App'x 447 · Court of Appeals for the Sixth Circuit · Feb 7, 2012

Qualified immunity The district court determined that the individual City employees were entitled to qualified immunity from the Farinaccis’ claims brought pursuant to 42 U.S.C. § 1983 . … right; and (2) the right was clearly established.’ ” Coble v.

United States v. Pruitt

545 F.3d 416 · Court of Appeals for the Sixth Circuit · Oct 21, 2008

that a conviction was for a qualifying offense.” … Finally, in those cases where the relevant records do not indicate the defendant’s prior record level, “it may well be that the Government will be precluded from establishing that a conviction was for a qualifying offense

Charles and Susan Glass v. Commissioner of Internal Revenue

471 F.3d 698 · Court of Appeals for the Sixth Circuit · Dec 21, 2006

regulations established by the Internal Revenue Service governing such transfers and the laws of the State of Michigan. … Finally, the right to maintain and establish foot paths enhance rather than diminish the ability of these plant and wildlife habitats to flourish.

Zamlen v. City of Cleveland

906 F.2d 209 · Court of Appeals for the Sixth Circuit · Jun 11, 1990

Plaintiffs may find fault with the way in which the district court came to certain conclusions but there is an insufficient basis for us to conclude that these conclusions are clearly erroneous. … In contrast, tests administered on a pass/fail basis allow employers to select candidates from a pool of qualified applicants.

Mihalek Corporation v. The State Of Michigan

814 F.2d 290 · Court of Appeals for the Sixth Circuit · Jun 8, 1987

Notice of copyright was clearly placed on all of the works, even though not necessary for unpublished works, 17 U.S.C. Sec. 401 (a). … We find it unnecessary, therefore, to address the Eleventh Amendment immunity issue.

PCC Airfoils, LLC v. Justin Daugherty

Court of Appeals for the Sixth Circuit · May 19, 2026

’s favor to qualify for injunctive relief. … The unpublished opinion says that a plaintiff must “establish its case by clear and convincing evidence” to qualify for a preliminary injunction. Id. at *3.

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.

Vernon Proctor v. Karen Krzanowski

Court of Appeals for the Sixth Circuit · Aug 13, 2020

Finally, Proctor argues that any consideration of qualified immunity is inappropriate. … Because Proctor can point to no clearly established liberty or property interest violated by Krzanowski and Mitchell, Krzanowski and Mitchell are entitled to qualified immunity.

Janan v. Trammell

785 F.2d 557 · Court of Appeals for the Sixth Circuit · Mar 11, 1986

Alternatively, the district court dismissed the parole board defendants by finding them absolutely immune. … Id. 12 Clearly, Scruggs was not a state officer and could not be said to be acting under color of state law. See Jones v. Phyfer, 761 F.2d 642, 644 (11th Cir.1985).

Uwe Romeike v. Eric Holder, Jr.

Court of Appeals for the Sixth Circuit · May 14, 2013

In either instance, if the applicant otherwise meets the requirements for establishing persecution, the fact that the government purported to enforce a generally applicable law would not immunize it from a charge of persecution … INS, 33 F.3d 615 (6th Cir. 1994), hold that a treaty violation on its own establishes persecution.

Wendy Cockrun v. Berrien Cnty., Mich.

Court of Appeals for the Sixth Circuit · Apr 26, 2024

We concluded that defendants failed to argue that the rights at issue were not clearly established and therefore forfeited the defense. Id. And in Watkins v. … of qualified immunity.”

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

Dolan v. United States

Court of Appeals for the Sixth Circuit · Jan 28, 2008

It was discovered that the evidence establishing the mailing and venue for the false statements could not be found by state officials. … , (7) qualified immunity, and (8) substitution of the United States for any common law claims.

Caver v. Straub

Court of Appeals for the Sixth Circuit · Nov 19, 2003

As the Supreme question that the rule set forth in Strickland qualifies as Court has recently observed, it is difficult to demonstrate that ‘clearly established Federal law’” for ineffective assistance of an appellate … Jones, 332 F.3d conduct required where o fficials seek qualified immunity from su it in 430, 438-39 (6th Cir. 2003). As the re-instruction in the instant matter cases under 42 U.S.C. § 1983).

United States v. Lawrence Johnson

933 F.3d 540 · Court of Appeals for the Sixth Circuit · Aug 5, 2019

Johnson offers two cases to try to establish that something less than violent force can produce a conviction under ORC § 2911.02(A)(2), but neither persuades. First, Johnson points to State v. … And striking someone with enough force to bruise is, clearly, force capable of causing physical pain or injury. Johnson next offers State v. Frunza, No. 82053, 2003 WL 22100144 (Ohio Ct. App.

Judge Patton v. National Mines Corporation

825 F.2d 1035 · Court of Appeals for the Sixth Circuit · Sep 16, 1987

(a) Establishing interim presumption. … Stapleton held that “the interim presumption under § (a)(4) is established by one qualifying physician’s opinion, i.e., one that meets the regulations’ requirements” of being documented and well-reasoned. Id. at 426.

Noy v. Travis

339 F. App'x 515 · Court of Appeals for the Sixth Circuit · Jul 13, 2009

Plaintiffs argue that the district court erred in ruling that defendants were entitled to qualified immunity. … When applying the qualified immunity test, plaintiffs have the burden of showing that a right is clearly established. Barrett v. Steubenville City Sch., 388 F.3d 967, 970 (6th Cir. 2004).

Incarcerated Man of Allen County Jail v. Edward Fair, Sheriff of Allen County

507 F.2d 281 · Court of Appeals for the Sixth Circuit · Nov 13, 1974

A third exception, which has recently become well established, is that one party may be ordered to pay the legal fees of another who has acted as a “private attorney general.” … We need not, therefore, consider the scope of Appellant Pair’s possible qualified immunity under Scheuer v.