Case law

United States v. Nichols

512 F.3d 789 · Court of Appeals for the Sixth Circuit · Jan 15, 2008

Ohio State Highway Patrol, 308 F.3d 523 (6th Cir.2002) (rejecting officer’s qualified immunity defense and affirming partial summary judgment in favor of Hispanic motorists who brought equal protection challenge under § 1983 … One such case where waiver may be clearly inferred is when a defendant, after being properly informed of his rights and indicating that he understands them, nevertheless does nothing to invoke those rights.

Board of Commissioners of Montgomery County v. Federal Housing Finance Agency

758 F.3d 706 · Court of Appeals for the Sixth Circuit · Jul 10, 2014

BACKGROUND Fannie Mae was established by congressional enactment of its charter in 1938 “to establish secondary market facilities for residential mortgages.” 12 U.S.C. § 1716. … to constitutional immunity as instrumentalities of the United States”).

Gulnara Gafurova v. Matthew Whitaker

911 F.3d 321 · Court of Appeals for the Sixth Circuit · Dec 18, 2018

Holder, 584 F.3d 682, 690–91 (5th Cir. 2009) (per curiam) (immune from review); Kambolli v. Gonzales, 449 F.3d 454, 461–65 (2d Cir. 2006) (per curiam) (same); Bropleh v. … Holder, 556 F.3d 159, 162–64 (4th Cir. 2009) (not immune from  No. 17-3712 Gafurova v. Whitaker Page 12 review); Purveegiin v.

Cicero v. Borg-Warner Automotive, Inc.

280 F.3d 579 · Court of Appeals for the Sixth Circuit · Jan 2, 2002

Finding that Cicero failed to establish a prima facie case of age discrimination because he did not show he was qualified for his position, the district court granted Borg-Warner’s summary judgment motion. 1 The district … To establish a prima facie case of age discrimination, the plaintiff must show that (1) he was a member of a protected class, (2) who suffered an adverse employment action, (3) was qualified for the position, and (4) was

William E. Hale, a Minor by Next Friend, John F. Hale v. United States of America, John F. Hale v. United States

416 F.2d 355 · Court of Appeals for the Sixth Circuit · Sep 26, 1969

It is obvious that in many cases the proofs necessary to establish that an injury happened in “line of duty”- may be quite different from those required to establish that it arose out of “activity incident to [military] service … And in Feres the injuries clearly arose on a military post in the course of military duty. In United States v.

Banning v. United States

130 F.2d 330 · Court of Appeals for the Sixth Circuit · Oct 7, 1942

He was also asked who testified in that case in his behalf and whether all of his witnesses attempted to establish an alibi for him and in answering he admitted this was true. … This rule is clearly applicable where the defendants on trial deny participation in the offense.

Hal Brian Stickney v. Chrysostomos Trikes and Leland Young, Individually and as Police Officers, City of Sterling Heights

909 F.2d 1485 · Court of Appeals for the Sixth Circuit · Aug 3, 1990

Upon a review of the record, we conclude, as did the district judge, that the defendants are not entitled to qualified immunity, and we affirm. … That, however, is a question of fact and does not constitute the predicate for a claim of qualified immunity.

Lee Brenneman v. Medcentral Health System

366 F.3d 412 · Court of Appeals for the Sixth Circuit · Apr 26, 2004

To establish a prima facie case of discrimination under the ADA, a plaintiff must demonstrate that: “(1) he is disabled; (2) he is otherwise qualified for the position with or without reasonable accommodation; (3) he suffered … Clearly, plaintiff could not perform these duties when absent from defendant’s premises. Arkwright further testified that plaintiffs excessive absences placed a great strain on the Pharmacy Department.

Grimes v. Ford Mtr Co

Court of Appeals for the Sixth Circuit · Jan 13, 2004

The truck tipped over and slid on the vehicles for the purpose of establishing notice to defendants passenger side, landing upside down. … Amendment immunity and against whom fault could not be apportioned.

Bartley v. Director, Office of Workers' Compensation Programs

11 F. App'x 564 · Court of Appeals for the Sixth Circuit · Jun 7, 2001

A miner may establish total disability by qualifying pulmonary function studies, pursuant to § 718.204(c)(1), or by qualifying arterial blood gas studies, pursuant to § 718.204(c)(2). … The only studies of record are non-qualifying. Therefore, Bartley has not established total disability through either of these methods.

Matthew Kelly v. Clinton Sines

647 F. App'x 572 · Court of Appeals for the Sixth Circuit · May 6, 2016

The officers respond that they did not use excessive force and should be granted qualified immunity. … Whether a defendant receives qualified immunity turns on two questions: did the defendant violate a constitutionally protected right, and if so, was the right clearly established at the time the act was committed?

Hartsel v. Keys

87 F.3d 795 · Court of Appeals for the Sixth Circuit · Jun 26, 1996

Green, 411 U.S. 792, 802 , 93 S.Ct. 1817, 1824 , 36 L.Ed.2d 668 (1973), a plaintiff establishes a prima facie case and creates a presumption of discrimination by showing: (1) membership in the protected class; (2) that she … Clearly, Hartsel has failed to proffer sufficient information to put these extremely subjective and vague allegations in logical context, and has therefore failed to exceed the scintilla threshold to prevent summary judgment

American Civil Liberties Union of Tennessee v. Bredesen

441 F.3d 370 · Court of Appeals for the Sixth Circuit · Mar 17, 2006

The district court denied the defendant’s motion to dismiss based on qualified immunity and the Second Circuit affirmed. … That is, when the government speaks, must it identify itself clearly as the speaker?

Tedric Leighton Beverly v. John Gluch Mr. Garbow Mary Sauvey, Dr. Mr. Church Mr. McKutchen Carlos Doe Mark Doe George Doe Kay Barath Marshawn Doe

902 F.2d 1568 · Court of Appeals for the Sixth Circuit · May 23, 1990

immunity. … That argument, rather than qualified immunity, became the basis for the appellees' summary judgment.

United States v. Ronald Driscoll

970 F.2d 1472 · Court of Appeals for the Sixth Circuit · Sep 2, 1992

According to Mich.Ct.R. 2.511(D)(1), a challenge for cause can be made if a person “is not qualified to be a juror.” … But this same result could occur with any person who is not qualified to sit on Michigan juries. For example, under Mich.Comp.

Quiana Johnson v. Metro Government of Nashville

Court of Appeals for the Sixth Circuit · Dec 15, 2014

After completion of discovery, Shelton moved for summary judgment on the basis of qualified immunity. … However, “a defendant denied qualified immunity may appeal . . . if the issue on appeal is whether the plaintiff’s facts, taken at their best, show that the defendant violated clearly established law.” Quigley v.

Johnson v. Weaver

248 F. App'x 694 · Court of Appeals for the Sixth Circuit · Sep 24, 2007

Assuming that the officers violated the Fourth Amendment under Randolph , qualified immunity — specifically, its “clearly established” prong— shields them from personal liability. … Thus, because the officers did not violate a right clearly established at the time of the challenged conduct, their claim to qualified immunity prevails.

Crace v. Kentland-Elkhorn Coal Corp.

109 F.3d 1163 · Court of Appeals for the Sixth Circuit · Apr 7, 1997

The legislation sought simultaneously to establish more lenient standards of eligibility for benefits and, where the miner did not qualify under the Trust Fund, to hold individual coal operators liable for claims arising … Crace’s part B claim is a “claim denied” and hence qualifies under the first part of § 932.

Gaddis v. Redford Township

364 F.3d 763 · Court of Appeals for the Sixth Circuit · Mar 26, 2004

While the individual defendants had all raised the defense of qualified immunity, the district court did not reach the qualified immunity issue, but held that the defendants were entitled to summary judgment on the merits … In Samples, the Eleventh Circuit denied qualified immunity to an officer who fatally shot Samples as Samples approached him with a three-inch folding knife. 846 F.2d at 1331-33.

Bobby Watts, M.D. v. John H. Burkhart, M.D.

854 F.2d 839 · Court of Appeals for the Sixth Circuit · Aug 12, 1988

The court then dismissed the Division from the law suit on the ground that it was immune from Watts’ damages claims as a state agency. Watts had expressly agreed to the dismissal of the Division. … The rule of Parratt and Vicory is clearly inapplicable “where a deprivation of property is caused by conduct pursuant to established state procedure, rather than random and unauthorized conduct.”