Case law

Robert A. Neinast v. Board of Trustees of the Columbus Metropolitan Library Larry D. Black Vonzell L. Johnson

346 F.3d 585 · Court of Appeals for the Sixth Circuit · Dec 19, 2003

Section 1983, upon which Neinast bases his claim, authorizes courts to redress violations of “rights, privileges, or immunities secured by the Constitution and [federal] laws” that occur under color of state law. … immunity.

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.

Equal Employment Opportunity Commission v. United Parcel Service, Inc.

249 F.3d 557 · Court of Appeals for the Sixth Circuit · May 7, 2001

The EEOC’s Prima Facie Case To establish a prima facie case of employment discrimination under the ADA, a plaintiff must show (1) that s/he is disabled; (2) that s/he is otherwise qualified for the position with or without … We conclude that the facts in this regard are genuinely disputed and clearly material to the case at hand.

Gloria Parker for Bradley Parker v. Richard S. Schweiker, Secretary of Health and Human Services

673 F.2d 160 · Court of Appeals for the Sixth Circuit · Mar 18, 1982

Much less attention was given to the one section under which Bradley might in fact qualify, section 416(h)(3)(C)(ii). … Parker, and the lack of a court order establishing paternity. If lack of these indications of paternity is a bar to establishing paternity for the purposes of the Social Security Act, then § 416(h)(3)(C)(ii) is a sham.

42 Fair empl.prac.cas. 771, 37 Empl. Prac. Dec. P 35,456 Sharon A. Henry, Cross-Appellee v. Lennox Industries, Inc., Cross-Appellant

768 F.2d 746 · Court of Appeals for the Sixth Circuit · Jul 29, 1985

John Opatich, supervisor of the distribution department, testified that Henry was a good, qualified, competent employee. … A plaintiff alleging one instance of discrimination establishes a prima facie case justifying an inference of individual racial discrimination by showing that he (1) belongs to a racial minority, (2) applied and was qualified

Miller v. Melnick

33 F. App'x 807 · Court of Appeals for the Sixth Circuit · May 3, 2002

Claims that lack an arguable or rational basis in law include claims for which the defendants are clearly entitled to immunity and claims of infringement of a legal interest which clearly does not exist. … In order to establish liability under § 1983, the plaintiff must show that the defendant deprived him of a federal right while acting under color of state law. Hahn v. Star Bank, 190 F.3d 708, 717 (6th Cir.1999).

Sharon R. Pfennig v. Household Credit Services, Inc. And Mbna America Bank, N.A.

286 F.3d 340 · Court of Appeals for the Sixth Circuit · Apr 11, 2002

Defendants originally established Plaintiffs credit limit at $2,000, and subsequently allowed her to increase that limit when she attempted to make a purchase. … Thus, Defendants assert that they are entitled to immunity under 15 U.S.C. § 1640 (f).

City of Cookeville, Tennessee v. Upper Cumberland Electric Membership Corporation

484 F.3d 380 · Court of Appeals for the Sixth Circuit · Apr 19, 2007

In the context of federal officer removal, the Supreme Court has held that the officer "must both raise a colorable federal defense and establish that the suit is ` for a[n] act under color of office.'" … Factual Findings 42 The district court's determination of the amount of reintegration costs was largely factual in nature, and the district court did not clearly err in its findings. 43 First, the district court did not clearly

Detroit Edison Co. v. East China Township School District No. 3

378 F.2d 225 · Court of Appeals for the Sixth Circuit · Jun 2, 1967

The following established principles were dispositive of this contention (p. 178— 179, 28 S.Ct. p. 46): “Municipal corporations are political subdivision of the State, created as. convenient agencies for exercising such of … Clearly, many of the sections included in the reference *228 to §§ 1971-1995 inclusive of 42 U.S. O.A. are inapplicable in this case.

John W. Marr and Lucille Marr v. Douglas Rife

503 F.2d 735 · Court of Appeals for the Sixth Circuit · Sep 26, 1974

We do not consider that the relevant findings of the District Judge were clearly erroneous. … As one ground for dismissing the complaint, the District Judge determined that the defendant officials were immune from suit under Michigan law.

National Labor Relations Board v. Little River Band of Ottawa Indians Tribal Government

788 F.3d 537 · Court of Appeals for the Sixth Circuit · Jun 9, 2015

The Board’s order, prohibiting the Little River Band of Ottawa Indians from enforcing its Fair Employment Practices Code, clearly impinges on an exercise of the Band’s tribal sovereignty. … Indeed, the NLRB’s earlier precedents were entirely consistent with the established jurisprudence. See Oklahoma Tax Comm’n v.

M. Lee Gallenstein v. United States

975 F.2d 286 · Court of Appeals for the Sixth Circuit · Sep 16, 1992

In the legislative history, Congress stated explicitly that the 1981 amendment was intended to establish an easily administered rule that would eliminate the tracing requirement for surviving spouses. … provisions in the two acts are in irreconcilable conflict, the later act to the extent of the conflict constitutes an implied repeal of the earlier one; and (2) If the later act covers the whole subject of the earlier one and is clearly

Larry E. Parrish, P.C. v. Andy Bennett

989 F.3d 452 · Court of Appeals for the Sixth Circuit · Mar 2, 2021

Now on appeal, plaintiff primarily challenges the district court’s rulings regarding jurisdiction and judicial immunity. … But an appeal may also be frivolous if it is filed out of “sheer obstinacy—when the only issues in the case clearly have been resolved against the appellant.” Anderson v. Dickson, 715 F.

Yusef Phillips v. Andrew Hinds

Court of Appeals for the Sixth Circuit · Jul 13, 2022

Even so, Hinds claims that he is entitled to qualified immunity under Phillips’s telling of the story. Specifically, he argues that it was not clearly established that shooting Phillips violated the Fourth Amendment. … A jury may ultimately grant Hinds qualified immunity. But under the facts as Phillips presents them, we may not.

Jason Banas v. Michael Hagbom

Court of Appeals for the Sixth Circuit · Apr 1, 2020

And Hagbom claimed qualified immunity. The district court granted summary judgment to Hagbom based on qualified immunity for the initial takedown. … For a plaintiff to avoid summary judgment for the defendant based on qualified immunity, the plaintiff must show that the defendant (1) violated a constitutional right and (2) “the violated right was clearly established

Jernigan v. City of Royal Oak

202 F. App'x 892 · Court of Appeals for the Sixth Circuit · Nov 2, 2006

If so, we then ask “whether the law clearly established that the officer’s conduct was unlawful in the circumstances of the case.” Id. at 201. … Third, because it is clearly established that officers need probable cause before arresting an individual and searching him, we cannot grant qualified immunity based on the second Saucier inquiry. See St. John v.

Roger Owen Hooban v. Edward J. Boling

503 F.2d 648 · Court of Appeals for the Sixth Circuit · Oct 2, 1974

We hold that the regulation that allows the unemancipated children of new, non-student residents who have established a domicile within the state to qualify for in-state tuition is reasonable and has a rational basis to a … We agree, and hold the district court’s determination to be not clearly erroneous. In so holding, we do not express any view as to whether Mr.

Peter J. Brennan, Secretary of Labor, United States Department of Labor v. Southern Productions, Inc.

513 F.2d 740 · Court of Appeals for the Sixth Circuit · Apr 15, 1975

are not clearly erroneous. 6 II § 13(a)(3) of the Act. … The District Court’s conclusions of law indicate clearly that it differentiated between the enterprise and the establishment.