Case law

Charlie Lilly v. City of Erlanger

598 F. App'x 370 · Court of Appeals for the Sixth Circuit · Jan 23, 2015

officers’ position, would not know he was violating Plaintiff’s clearly established constitutional rights.” … that constitutional right was clearly established such that a ‘reasonable official would -13- No. 14-5069 Lilly v.

Frederick W. Walton v. Richard M. Rogers J.R. Dickey, Officer 1-50, Wright Sheffield, Officer Richard B. McQuade Jr., Judge James G. Carr, Mag.

860 F.2d 1081 · Court of Appeals for the Sixth Circuit · Oct 19, 1988

Furthermore, we find no error in the district court's granting of summary judgment to defendant Sheffield on the basis of qualified immunity. … Plaintiff did not respond to the motion by pleading facts describing a violation of a clearly established right. See Mitchell v. Forsyth, 472 U.S. 511, 526 (1985).

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.

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?

Carolyn Carter v. University of Toledo

349 F.3d 269 · Court of Appeals for the Sixth Circuit · Nov 12, 2003

To establish a prima facie case of discrimination, a plaintiff must show that (1) she is a member of a protected group, (2) she was subject to an adverse employment decision, (3) she was qualified for the position, and (4 … The court concluded that “[t]he mere fact that each of these men was a ‘manager’ within the expansive Spiegel organization is clearly insufficient to establish that matters bearing upon Hill’s discharge were within the scope

John Swanson, M.D. v. University of Cincinnati and University Hospital, Inc.

268 F.3d 307 · Court of Appeals for the Sixth Circuit · Sep 20, 2001

Bower that his medication enabled him to follow patients more clearly and improved his reading and retention skills as well as his performance at the University of Nevada. … Thus, this court held that a plaintiff had to establish disability at the time of the discriminatory acts to recover under the ADA.

Dillery v. Sandusky

Court of Appeals for the Sixth Circuit · Feb 18, 2005

To make out a prima facie case under Title II of the ADA, a plaintiff must establish that “(1) she has a disability; (2) she is otherwise qualified; and (3) she is being excluded from participation in, being denied the benefits … immunity for her actions; and (7) the defendants are entitled to immunity under Ohio law.

Niswander v. Cincinnati Ins Co

Court of Appeals for the Sixth Circuit · Jun 24, 2008

In order to establish a prima facie case of retaliation under Title VII, an employee must establish that (1) he or she engaged in protected activity, (2) the employer knew of the exercise of the protected right, (3) an adverse … An employee’s dissemination of confidential documents in other situations, however, might qualify as participatory.

United States v. Medina-Almaguer

559 F.3d 420 · Court of Appeals for the Sixth Circuit · Mar 12, 2009

Medina-Almaguer’s appeal raises one issue: Does his 1989 state-court conviction qualify as a “drug trafficking offense” within the meaning of U.S.S.G. § 2L1.2(b)(l)(A)? … Just as a charging document, written plea agreement or plea-colloquy transcript— which sentencing courts clearly may use, see Shepard, 544 U.S. at 20-21 , 125 S.Ct. 1254 — may not suffice to show that a defendant was previously

Dressman v. Costle

759 F.2d 548 · Court of Appeals for the Sixth Circuit · Apr 17, 1985

Kentucky was one of the states that qualified and applied for more time to attain the reduction of ozone. … In Garcia , the Court, recognizing that “the attempt to draw the boundaries of state regulatory immunity in terms of ‘traditional governmental function’ is not only unworkable but inconsistent with established principles

79 Fair empl.prac.cas. (Bna) 1603, 73 Empl. Prac. Dec. P 45,389 United States of America, Plaintiff-Appellant/cross-Appellee v. The City of Warren, Michigan, Defendant-Appellee/cross-Appellant, the City of Warren Police and Firefighter Civil Service Commission, Rule 19(a) Party, (97-1024)

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

The standard of review is clearly erroneous. If the findings of the district court are not clearly erroneous, we must affirm. … court's findings were not clearly erroneous.

United States v. Regina R. Hood (92-3532) Margaret E. Gibbs (92-3602, 92-3887) Larry J. Gibbs (92-3657) Ronnie T. Gibbs (92-3659) Charles M. Nallie (92-3979)

14 F.3d 603 · Court of Appeals for the Sixth Circuit · Jan 6, 1994

Regina Hood then requested that the court require the government to grant the witnesses use immunity from prosecution. This request was denied. … This request was denied as well. 18 The issue of judicially mandated immunity from prosecution was fully discussed by this court in United States v.

Mary K. HOLLOHAN, Plaintiff-Appellant, v. Margaret HECKLER, Secretary of Health and Human Services, Defendant-Appellee

805 F.2d 143 · Court of Appeals for the Sixth Circuit · Oct 10, 1986

In order to qualify for retirement benefits, plaintiff needs twenty-six quarters of coverage. … Hollohan did not establish that she was engaged in a separate trade or business.

J.P. Silverton Industries L.P. v. Sohm

243 F. App'x 82 · Court of Appeals for the Sixth Circuit · Jun 26, 2007

Sohm This court reviews the question of whether a defendant is “‘entitled to absolute or qualified immunity de novo, as that issue is a question of law.’” Barnes v. … Second, “government officials who perform discretionary functions are generally entitled to qualified immunity and are protected from civil damages so long as ‘their conduct does not violate clearly established

United States v. Araiza

643 F. App'x 524 · Court of Appeals for the Sixth Circuit · Mar 8, 2016

Accordingly, the district court did not clearly err by applying the enhancement at Guidelines § 2D1.1(b)(1). … A defendant qualifies for a leadership enhancement if the government establishes, by a preponderance of the evidence, “that he has exercised decisionmaking authority, recruited accomplices, received a larger share of the

Janis Bomis, Debtor-Appellant v. National Union Fire Insurance Co., Creditor-Appellee

25 F.3d 1047 · Court of Appeals for the Sixth Circuit · May 23, 1994

First, the bankruptcy court noted that Bomis did not purport to qualify for accredited investor status through his income. … The standard for reviewing a bankruptcy court's factual findings in Sec. 523(a)(2)(B) cases is the "clearly erroneous" standard.

Greg Oliver, Kate Oliver v. Evert Elkins, Elizabeth McNamara Dennis M. Straub, John Jabe, Robert Brown, Jr.

925 F.2d 1465 · Court of Appeals for the Sixth Circuit · Feb 8, 1991

immunity from damages liability because they violated no clearly established rights under the first, eighth, or fourteenth amendments. 1 5 Oliver filed timely objections to the magistrate's report. … immunity.

Matthew Streater v. Felici M. Courtright

Court of Appeals for the Sixth Circuit · May 15, 2009

a defendant was protected by qualified immunity. … If it so determined, the court was then required to determine whether the right violated was clearly established. Id.

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.

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.