Case law

Jones v. Reynolds

438 F.3d 685 · Court of Appeals for the Sixth Circuit · Feb 27, 2006

To overcome the officers' qualified immunity from this individual-liability action, Jones must make two showings: that the officers violated the decedent's constitutional rights and that those rights were "clearly established … The Court has told lower courts that they "must" address the "initial inquiry" before reaching the "clearly established" question. Id.

Jenkins v. Nashville Public Radio

106 F. App'x 991 · Court of Appeals for the Sixth Circuit · Sep 2, 2004

Surface was better qualified for the position. Quoting the Fifth Circuit’s opinion in Price v. … Jenkins’s qualifications must “leap from the record and cry out to all who would listen that [s]he was vastly — or even clearly — more qualified for the subject job.” Ms.

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.

Aston v. Tapco International Corp.

631 F. App'x 292 · Court of Appeals for the Sixth Circuit · Nov 23, 2015

Although Aston was not necessarily required to propose a reasonable accommodation under his disability discrimination claim, he was still required to establish that he was otherwise qualified under the ADA, with or without … Aston failed to establish a prima facie case for his claims, but even so, we do not find the case to have been frivolous from the outset. See Gibson v.

United States v. Esteppe

Court of Appeals for the Sixth Circuit · Apr 23, 2007

Under § 4B1.2(a)(2), Esteppe’s convictions for second-degree burglary of a dwelling expressly qualify as “crimes of violence.” … The burden, however, rests on the defendant to establish the relatedness of his prior convictions once the government demonstrates that they otherwise qualify as predicate offenses warranting application of the career-offender

United States v. Anthony McCloud

935 F.3d 527 · Court of Appeals for the Sixth Circuit · Aug 20, 2019

McCloud Page 5 not be disturbed unless clearly erroneous.” United States v. Simmerman, 850 F.3d 829, 832 (6th Cir. 2017). … The Guidelines further note that [o]ffenses that do not qualify as part of a common scheme or plan may nonetheless qualify as part of the same course of conduct if they are sufficiently connected

Association of American Physicians & Surgeons, Inc. v. Bowen

909 F.2d 161 · Court of Appeals for the Sixth Circuit · Jul 23, 1990

II Subsection (C) clearly establishes a restriction on the method by which health providers may bill for clinical diagnostic testing. … Were the statute to exclude the qualifying phrase and state simply that “payment for a clinical diagnostic laboratory test (not performed by a rural health clinic) must be made on an assignment-related basis,” it would clearly

Dixie Fuel Co. v. Director, Office of Workers' Compensation Programs

820 F.3d 833 · Court of Appeals for the Sixth Circuit · Apr 29, 2016

Alexander, who is dually qualified, read the November 1, 2006 x-ray as positive for pneumoconiosis, while Dr. Wheeler, also dually qualified, read the x-ray as negative for pneumoconiosis. … Ahmed, dually qualified as a Board-certified radiologist and B-reader, and Dr.

Freddie Sevier v. Kenneth Turner

742 F.2d 262 · Court of Appeals for the Sixth Circuit · Sep 20, 1984

At this time, he again fell into arrears allegedly because his new employer did not honor a wage assignment established under the consent order. … The Supreme Court has clearly stated that the mere location of an interview and the fact that an investigation has focused upon a particular person, without more, will not support a finding of custody.

Ronald Graves v. Dale Malone

Court of Appeals for the Sixth Circuit · Apr 17, 2020

Hedger is, if anything, more clearly entitled to qualified immunity than the officer in Russo. … Even as the majority reads the case, Russo establishes that Hedger is entitled to qualified immunity.

General Electric Co. v. Sargent & Lundy

916 F.2d 1119 · Court of Appeals for the Sixth Circuit · Oct 24, 1990

These statements clearly were made in contemplation of a lawsuit. … Rule 15(a) clearly is relevant.

Raymond v. Moyer

Court of Appeals for the Sixth Circuit · Aug 21, 2007

Raymond alleges that he was qualified for admission and submitted all the necessary paperwork, but that on May 25, 2005, he was informed that the Ohio Supreme Court had denied his application for admission without examination … If Raymond plans to apply again for admission to practice law in Ohio without examination, and is denied, he can likely establish standing to bring a general challenge to the rules and practices of the Ohio Supreme Court,

United States v. Dalton Brown (97-1220) and Yvonne Meadows (97-1245)

151 F.3d 476 · Court of Appeals for the Sixth Circuit · Jul 17, 1998

The waiting list procedure was established to ensure this neutral application. … just as clearly, Brown did all he needed to do to bring about the loss.

Green Party of Tennessee v. Tre Hargett

767 F.3d 533 · Court of Appeals for the Sixth Circuit · Aug 22, 2014

In support, they note that the only minor political party since 1961 to have qualified for ballot access via petition was George Wallace’s American Independent Party, which qualified in 1968 and 1972. … The records in this case and in other cases involving these parties establish that the plaintiffs have actively participated in Tennessee politics, even though neither has qualified to appear on a ballot by petition.

William Drake v. Charles Howland

463 F. App'x 523 · Court of Appeals for the Sixth Circuit · Feb 23, 2012

Courts deem these latter acts to be “investigative” or “administrative,” rather than prosecutorial, and therefore protected only by qualified immunity. See Van de Kamp v. … In an attempt to establish that the complaint itself caused Brandon harm, the Drakes argue that the complaint functioned as an instruction to arrest Brandon, an administrative/investigative act protected only by qualified

United States v. Michael Sadolsky

234 F.3d 938 · Court of Appeals for the Sixth Circuit · Dec 11, 2000

The district court’s finding that Sadolsky had a gambling problem that qualified as an SRMC was not clearly erroneous. … While Sadolsky and his wife are clearly lay witnesses, Sadolsky argues that Thomason was an expert witness qualified to testify to Sadolsky’s gambling disorder.

Rase v. United States

129 F.2d 204 · Court of Appeals for the Sixth Circuit · Jun 29, 1942

While the rule is established that the action of such local boards, within the scope of their authority, is final and not subject to judicial review when the investigation has been fair and the findings supported by substantial … The Constitution grants no immunity from military service because of religious convictions or activities.

United States v. Jeffery Wills

997 F.3d 685 · Court of Appeals for the Sixth Circuit · May 14, 2021

An abuse of discretion occurs when the district court “relies on clearly erroneous findings of fact, uses an erroneous legal standard, or improperly applies the law.” United States v. … The district court declined to “wade into that dispute” because Wills’s motion did not establish extraordinary and compelling reasons “in any event.”

United States v. Gregory Raymore

965 F.3d 475 · Court of Appeals for the Sixth Circuit · Jul 13, 2020

We have explained that while that stipulation “does not automatically establish [Raymore’s] knowledge of [his] status, it is strongly suggestive of it.” Id. … Code § 2903.13(A) qualifies as a crime of violence, we concluded that robbery under Ohio Rev. Code § 2911.02(A)(2) qualifies as one as well.

Risch v. Royal Oak Police Department

581 F.3d 383 · Court of Appeals for the Sixth Circuit · Sep 23, 2009

When the plaintiff offers “other probative evidence of discrimination, that evidence, taken together with evidence that the plaintiff was as qualified as or better qualified than the successful applicant, might well result … Taking the facts in the light most favorable to Risch, as we must in evaluating a motion for summary judgment, it is clear that Risch was as qualified as or better qualified than either Moore or Spencer.