Case law

Thomas Aries Scott v. Edward A. Hill

449 F.2d 634 · Court of Appeals for the Sixth Circuit · Oct 7, 1971

Carr as establishing the standing of voters to seek the protection of the United States Constitution against the “dilution or debasement” of their right to vote. Hadley v. … Appellant therefore has a more precise and established claim to assert under the state constitution, which especially warrants our abstention.

Albert Jones v. John Tilley

Court of Appeals for the Sixth Circuit · Mar 1, 2019

This is an appeal from a denial of qualified immunity. … Qualified immunity shields government officials from civil liability unless the conduct at issue violates clearly established rights. Carroll v. Carman, 135 S. Ct. 348, 350 (2014); Quigley v.

Jeffrey Rasawehr v. Jeff Grey

Court of Appeals for the Sixth Circuit · Jun 10, 2025

The doctrine of qualified immunity generally shields government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights[.]” Meals v. … Because at least one of the charges was supported by probable cause, the individual officers did not violate clearly established law and are entitled to qualified immunity.4 The district court properly granted summary

Dexter v. Greater Cleveland Regional Transit Authority

23 F. App'x 371 · Court of Appeals for the Sixth Circuit · Oct 30, 2001

Although Dexter established he was 62 years of age at the time he filed his application with GCRTA and he was not offered a position with GCRTA, he did not establish that he was otherwise qualified for the position, or that … Moreover, even without consideration of the document indicating Dexter’s rank, Dexter did not meet his burden of establishing that he was qualified for the position.

Whitaker v. Wallace

170 F.3d 541 · Court of Appeals for the Sixth Circuit · Mar 11, 1999

Wallace was clearly motivated to reassign Whitaker by a concern that she was not adequately qualified. … That, obviously, is not sufficient evidence to establish pretext.

Green Party of Tennessee v. Tre Hargett

700 F.3d 816 · Court of Appeals for the Sixth Circuit · Nov 30, 2012

The district court determined that, aside from the 2.5% minimum signature provision, the statute grants the coordinator of elections “unfettered discretion to establish party qualifying petition requirements that the legislature … failed to establish, rendering this statute unconstitutionally vague.”

Bower v. Village of Mount Sterling

44 F. App'x 670 · Court of Appeals for the Sixth Circuit · Jul 26, 2002

Clearly Olech controls here. … Plaintiffs complaint alleges that he “was just as qualified, if not more so, than other similarly situated prospective officers that were/have been given full-time commissions.”

Arkwright Mut. Ins. Co. v. National Union Fire Ins. Co. of Pittsburgh, Pa.

19 F.3d 1432 · Court of Appeals for the Sixth Circuit · Feb 25, 1994

Murray first argues that the documents are protected by the qualified work product immunity established by Fed.R.Civ.P. 26(b)(3), which provides in relevant part: 10 (3) Trial Preparation: Materials. … If Murray met this burden, the documents are entitled to qualified work product immunity.

Winnie Greer v. Comm'r of Internal Revenue

595 F.3d 338 · Court of Appeals for the Sixth Circuit · Feb 17, 2010

Greer is, bears the burden of establishing each of the following five elements to qualify for the innocent-spouse exception: (A) a joint return has been made for a taxable year; (B) on such return … Therefore, we will not reverse its ruling unless its conclusion as to economic hardship was based on clearly erroneous factual findings or amounted to a clearly erroneous assessment of the evidence.

United States v. Any & All Radio Station Transmission Equipment

204 F.3d 658 · Court of Appeals for the Sixth Circuit · Feb 25, 2000

(noting that a denial of a motion to dismiss based on qualified immunity is considered a final, appealable order if there are no material facts in dispute, because part of the harm sought to be averted by the doctrine of … immunity is the necessity of standing trial), cert. denied, — U.S. -, 119 S.Ct. 513 , 142 L.Ed.2d 425 (1998).

Sammy L. LEONARD, Plaintiff-Appellant, v. CITY OF FRANKFORT ELECTRIC AND WATER PLANT BOARD, Defendant-Appellee

752 F.2d 189 · Court of Appeals for the Sixth Circuit · Jan 9, 1985

Ford Motor Company, 496 F.2d 500 (6th Cir.1974) (plaintiff alleging § 1981 violation must establish that his employment terms vary from those employer accords similarly situated whites); Hudson v. … New York City Department of Social Services, 436 U.S. 658, 690 , 98 S.Ct. 2018, 2035 , 56 L.Ed.2d 611 (1978), the Supreme Court held that municipalities are not entirely immune from liability under § 1983, overturning the

Ray v. Brushy Creek Trucking Co.

50 F. App'x 659 · Court of Appeals for the Sixth Circuit · Jul 15, 2002

As such, the Claimant’s work was ancillary to the delivery and commercial use of processed coal and does not qualify as coal mine employment. … Krantz relied on a coal mine employment history that is not clearly supported by the record (relating to Ray’s work at Mid-America, Dr. Krantz relied on “significant exposure to unprocessed coal.”).

Donnetta Berrien v. United States

711 F.3d 654 · Court of Appeals for the Sixth Circuit · Mar 28, 2013

On the merits, the district court held that Berrien established the four elements of a negligent-failure-to-warn claim under Michigan law: duty, breach, causation, and No. 12-1365 Berrien v. … Similarly here, it would be clearly erroneous to find that the Army should have known that the construction of the gutter was defective.

Amezola-Garcia v. Lynch

846 F.3d 135 · Court of Appeals for the Sixth Circuit · Apr 11, 2016

The BIA likewise affirmed the, IJ’s determination that Amezola-Garcia does not qualify for CAT relief because he did not establish that it is more likely than not that he will be tortured if he returns to Mexico. … Finally, the BIA agreed with the IJ that Ame-zola-Garcia does not qualify for voluntary departure because he “provided false testimony.”

Glenn T. Schultz v. Major General Billy G. Wellman, Brigadier General Carl Black, and Lieutenant Colonel John B. Greene

717 F.2d 301 · Court of Appeals for the Sixth Circuit · Sep 19, 1983

established that this evaluation of whether particular conduct constitutes action taken under the color of state law, must focus on the actual nature and character of that action. … Fulton, 615 F.2d 196, 200-203 (5th Cir.1980), or whether the doctrine of qualified immunity should be extended to the present defendants. See Scheuer v. Rhodes, 416 U.S. 232 , 94 S.Ct. 1683 , 40 L.Ed.2d 90 (1974). 7 .

Long v. Insight Communications of Central Ohio, LLC

804 F.3d 791 · Court of Appeals for the Sixth Circuit · Oct 23, 2015

TWC moved to dismiss these claims on a number of alternative grounds, including that the claims were barred under one or more defenses provided by the SCA; that TWC was protected by qualified privilege under Ohio common law … The district court rejected TWC’s claim of immunity under § 2703(e), but found that § 2707(e)’s “good faith reliance” defense barred all of plaintiffs’ claims. See 18 U.S.C. §§ 2703(e) and 2707(e).

Platinum Sports Ltd v. Rick Snyder

715 F.3d 615 · Court of Appeals for the Sixth Circuit · May 13, 2013

Any such risk, we concluded, was too remote to establish a cognizable Article III injury. … Surely, as a result, the defendants would be entitled to qualified immunity. None of Platinum Sports’s other arguments establish standing.

Jayne Knox v. Neaton Auto Products Manufacturing, Inc.

375 F.3d 451 · Court of Appeals for the Sixth Circuit · Jul 9, 2004

Even if this did qualify as a meaningful demotion, however, Knox is unable to establish that the decision to remove her from the group leader position was mere pretext for some other discriminatory motive. … Neat~n clearly informed Knox that she was being stripped of her position as group leader because she violated the Neaton Associate Standards of Conduct. 1 Knox responds that genuine issues of material fact exist as to whether

Nevins v. Curtiss-Wright Corp.

172 F.2d 535 · Court of Appeals for the Sixth Circuit · Feb 7, 1949

If an employee fails to meet the required standards for the job, he may be reclassified to another occupation for which he can qualify. … All are clearly differentiable from the case at bar.

Katherine R. Cehrs v. Northeast Ohio Alzheimer's Research Center and Windsor House, Inc.

155 F.3d 775 · Court of Appeals for the Sixth Circuit · Oct 16, 1998

Is Cehrs “Otherwise Qualified” With a Reasonable Accommodation? … To satisfy the second element of the prima facie standard, an employee “must establish that a ‘reasonable’ accommodation is possible, and bears a traditional burden of proof that she is qualified for the position with such