Case law

Kurt Hammond v. Oakland Cty., Mich.

Court of Appeals for the Sixth Circuit · Sep 4, 2020

The district court held that the deputies’ actions violated Hammond’s clearly established constitutional rights, thereby precluding qualified immunity. We affirm in part and reverse in part. … Determinations of qualified immunity require us to answer two questions: first, whether the officers violated a constitutional right; and second, whether that right was clearly established in light of the specific context

Bob Post v. City of Munroe Falls, Ohio

Court of Appeals for the Sixth Circuit · Jul 1, 2021

Analysis Appellants raise claims of both qualified immunity and state-law statutory immunity. … Because Post undisputedly alleges a clearly established First Amendment violation, and the district court found genuine issues of material fact regarding Appellants’s counterarguments, we AFFIRM the denial of qualified

Brian Williams v. United States

927 F.3d 427 · Court of Appeals for the Sixth Circuit · Jun 11, 2019

In other words, Calloway had argued that his crime did not qualify under the elements clause, and we rejected his argument because his crime did qualify under the residual clause. See id. … Code § 2903.11 qualified as an ACCA predicate. 3.

Canton Police Benevolent Association of Canton, Ohio v. United States

844 F.2d 1231 · Court of Appeals for the Sixth Circuit · Jun 7, 1988

Treasury Regulation 1.501(c)(9)-2(a)(2)(ii)(A) clearly indicates that employer-funded organizations can also qualify for tax-exempt status under Section 501(c)(9). … If employer-funded organizations can qualify for tax-exempt status, the mere fact that an organization is not employer-funded does not, ipso facto, establish under the regulations that the organization is entitled to tax

Salvatore Marchese v. William Lucas, Individually and as Sheriff of Wayne County, Michigan, and the County of Wayne, Jointly and Severally

758 F.2d 181 · Court of Appeals for the Sixth Circuit · Jul 3, 1985

The cases in the United States Supreme Court which appear to establish decisional principles on the issues of this case are Monell v. … A Very clearly, yes.

Marktray Spearman v. United States

186 F.3d 743 · Court of Appeals for the Sixth Circuit · Aug 2, 1999

As a result of this procedure, the 1992 qualified Bay City wheel shall be composed of 166 Black qualified jurors and 3,786 White and Other qualified jurors. … The fact that Ovalle is the law of this circuit does not mean that it was correctly decided; it certainly does not mean that it is immune to criticism.

Albert William Hale v. C. Murray Henderson, Warden, Tennessee State Penitentiary

400 F.2d 655 · Court of Appeals for the Sixth Circuit · Sep 17, 1968

Independent testimony established that he was introduced to the murder victim by the proprietor of an establishment in which she was working as a waitress sometime around midnight on a Friday night; that the two of them, … wanted a ride home left that establishment, with the deceased driving petitioner’s ear.

United States v. Jonathan L. Berry

90 F.3d 148 · Court of Appeals for the Sixth Circuit · Jul 19, 1996

Accordingly, the District Court’s calculation of a base offense level of 30 was not clearly erroneous. C. … Further, the affidavit stated that the dog was trained and qualified to conduct narcotics investigations.

Jerry D. Cox v. Michael Ray Sapp

908 F.2d 972 · Court of Appeals for the Sixth Circuit · Jul 27, 1990

The district court granted Sapp's motion for summary judgment, based on Sapp's claim of qualified immunity, finding "clearly undisputed facts revealing that Officer Sapp acted as any reasonably competent officer would act … Carroll County, Ky., 876 F.2d 1238, 1242 (6th Cir.1989). 14 Qualified immunity shields government officials from civil liability "insofar as their conduct does not violate clearly established ... rights of which a reasonable

United States v. Thomas A. Demonte

25 F.3d 343 · Court of Appeals for the Sixth Circuit · Aug 25, 1994

Upon acceptance by the district court, the plea agreement became a “type of contract,” a type immune to sua sponte modification or selective enforcement by the court. United States v. … In any event, DeMonte’s acceptance of the plea agreement decisively established his *353 previous scheme as “related” to the discovered offense for the purpose of § 5K2.16.

Graham v. Mukasey

519 F.3d 546 · Court of Appeals for the Sixth Circuit · Feb 20, 2008

to defend against removal on the ground that Graham’s convictions did not qualify as aggravated felonies. … the victim” of over $10,000 and, therefore, that his convictions do not qualify as aggravated felonies.

Lee E. WANGER, Plaintiff-Appellant, v. G.A. GRAY COMPANY, Defendant-Appellee

872 F.2d 142 · Court of Appeals for the Sixth Circuit · Apr 6, 1989

There is a clearly enunciated rule in this circuit that age discrimination cases are to be decided on a “case by case basis.” … He must establish: (1) that he is a member of the protected age group; (2) that he is qualified for the rehire or recall position; (3) that he applied for the available position or can establish that the employer was otherwise

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. BALL CORPORATION, Et Al., Defendants-Appellees

661 F.2d 531 · Court of Appeals for the Sixth Circuit · Nov 10, 1981

carry its burden of establishing a prima facie case. … How did you show him that you qualified for the job? A.

Gary Young v. Patricia Vega

Court of Appeals for the Sixth Circuit · Jul 30, 2014

Qualified Immunity Qualified immunity protects government officials from liability under § 1983 “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Vega would permit a reasonable juror to conclude (1) that the conduct violated a statutory or constitutional right and (2) that the right was clearly established. See Pearson v. Callahan, 555 U.S. 223, 232 (2009).

Flaskamp v. Dearborn Public Schools

385 F.3d 935 · Court of Appeals for the Sixth Circuit · Oct 5, 2004

While government officials may be subject to § 1983 actions for violating an individual's constitutional right, a plaintiff must overcome the officials' qualified immunity in bringing such an action. … Such questioning, we held, did not violate a clearly established constitutional right because it was related to an assessment of job performance. Id. at 242 . 44 Relying on these cases in general and on Bloch v.

United States v. City of Warren

138 F.3d 1083 · Court of Appeals for the Sixth Circuit · Mar 16, 1998

In the present case, we believe that the district court clearly erred in finding that the United States failed to establish racial discrimination based on disparate impact in violation of Title VII for municipal positions … clearly erroneous.

Lynn Green v. Thomas D. Hocking

9 F.3d 18 · Court of Appeals for the Sixth Circuit · Oct 29, 1993

The court ruled that Hocking, by confining his activities to those of a legal nature, is immune from liability under the FDCPA. Green then brought this timely appeal. … II The question presented is whether Hocking, by filing a complaint, qualifies as a debt collector within the meaning of the FDCPA. 2 The FDCPA imposes civil liability only on “debt collectors.” 15 U.S.C. § 1692 .

Majid Alzid v. Gizelle Porter

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

Defendants claimed they were entitled to qualified immunity for the § 1983 claims and state governmental employee immunity for the gross negligence claims. … Government officials are protected by qualified immunity for actions taken within the scope of their authority which do not “violate clearly established statutory or constitutional rights of which a reasonable person would

Freddie McCoy v. State of Michigan

369 F. App'x 646 · Court of Appeals for the Sixth Circuit · Mar 12, 2010

The Defendants argued before the district court, as they do now on appeal, that McCoy’s claims are barred by res judicata, qualified immunity, and sovereign immunity. … Qualified-Immunity Defense The Defendants assert as an alternative ground for relief that they are entitled to qualified immunity on McCoy’s 42 U.S.C. § 1983 claim, yet they provide this court with no substantive

United States v. Mabry

518 F.3d 442 · Court of Appeals for the Sixth Circuit · Mar 3, 2008

Accordingly, the informal resolution of the Nelson Mill payment dispute cannot qualify as a “settlement” under § 186(c)(2). III. … His expert had solicited bids from a variety of contractors to establish this range.