Case law

Cremeans v. City of Roseville

861 F.2d 878 · Court of Appeals for the Sixth Circuit · Oct 28, 1988

Asman and VanDamme do not argue on appeal that they were entitled to qualified immunity. … The Michigan Supreme Court has clearly rejected appellant’s apparent argument that retirement constitutes removal under the act establishing local civil service commissioners. [ Cjlearly the legislature when it enacted Act

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.

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

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 .

Billingslea v. Jackson

83 F. App'x 33 · Court of Appeals for the Sixth Circuit · Nov 21, 2003

Finally, the Williams Court emphasized that “clearly established Federal law, as determined by the Supreme Court” refers to “the holdings, as opposed to the dicta, of [the Supreme] Court’s decisions as of the time of the … The Michigan Supreme Court’s refusal to overturn the conviction on the basis of judicial bias was not contrary to clearly established federal law. II. Petitioner claims a violation of his Miranda rights.

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.

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.

Rick R. Ellison v. Cocke County, Tennessee and David Kickliter, M.D.

63 F.3d 467 · Court of Appeals for the Sixth Circuit · Aug 24, 1995

The Board of Directors of the Cocke County Ambulance Service then met to establish conditions for his return to work. … On the contrary, that language establishes that Congress intended the statute to be enforced through the imposition of criminal penalties.

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.

United States v. Bailey

510 F.3d 562 · Court of Appeals for the Sixth Circuit · Dec 13, 2007

Moreover, the government disagrees with Bailey’s contention that Officer Mears’s testimony was “clearly impeached.” … In doing so, we qualified this statement by describing the scenarios in which possession could qualify as use in furtherance of the crime: “In order for the possession to be in furtherance of a drug crime, the firearm must

United States v. Gardner

649 F.3d 437 · Court of Appeals for the Sixth Circuit · Aug 12, 2011

And it’s simply not established to my satisfaction. So I’m going to rule that the 15-year minimum mandatory enhancement does not apply. … Davidson, 409 F.3d 304, 310 (6th Cir. 2005) (affirming the clearly erroneous standard of review following United States v. Booker, 543 U.S. 220 (2005)).

Carolyn Constantine v. Daryn Gadeken

563 F. App'x 464 · Court of Appeals for the Sixth Circuit · Apr 23, 2014

Gadeken federal court and then filed a motion to dismiss, asserting that the claims are barred by qualified immunity and that Constantine failed to state a claim for relief. … If a constitutional right had been infringed, the courts could consider “whether the right was clearly established . . . in light of the specific context of the case.” Id. In Pearson v.

Thomas Lunneen v. Vill. Of Berrien Springs, MI

Court of Appeals for the Sixth Circuit · Sep 21, 2023

The final step—leaving Lunneen handcuffed on the ground—did not involve a clearly established right, and thus the district court granted qualified immunity. … Qualified immunity protects government officials from liability for civil damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have

Pennsylvania R. R. v. Goldie

182 F.2d 9 · Court of Appeals for the Sixth Circuit · May 22, 1950

On this ground the appellant contends the expert testimony does not qualify as substantial evidence of excessive speed and that the court should have granted its motion for directed verdict. … The two experts.were experienced railroad men highly qualified to draw conelusions. Possible obstructions on the track were clearly negatived by the absence of marks on rails, roadbed or engine wheels.

Morris R. Gardner v. Central States, Southeast and Southwest Areas Pension Fund

14 F.3d 601 · Court of Appeals for the Sixth Circuit · Dec 21, 1993

Thus, since Gardner qualified for retroactive benefits, he should not be exempt from the forfeiture provisions of the Central States Pension Plan. 30 Having determined Gardner is not immune from the reaches of section 4.14 … Although the burden is upon the moving party to establish that no material facts are in genuine dispute, see Martin v.

Cagle v. Headley

148 F. App'x 442 · Court of Appeals for the Sixth Circuit · Sep 1, 2005

right” and (2) “whether the right was clearly established . . . in light of the specific context of the case.” … Although the generalized right to be free of a patronage demotion was clearly established at the time of Headley’s actions, the qualified- immunity inquiry “must be undertaken in light of the specific context of the case

Kevin Campbell v. Daniel Mack

Court of Appeals for the Sixth Circuit · Jun 4, 2019

was clearly established.” … Qualified Immunity “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights

Sharon Surles, by Next Friend Jayneice Johnson, Plaintiff-Appellee/cross-Appellant v. Greyhound Lines, Inc., Defendant-Appellant/cross-Appellee

474 F.3d 288 · Court of Appeals for the Sixth Circuit · Jan 18, 2007

As a threshold matter, expert witnesses must be qualified to testify to a matter relevant to the case, and a proffering party can qualify their expert with reference to his “knowledge, skill, experience, training or education … Such notice could be taken by these reasonable-minded individuals to establish foreseeability.