Case law

David Sanders v. Laura Plappert

Court of Appeals for the Sixth Circuit · Mar 3, 2026

As examples, she cited both qualified immunity and Teague. Id. at 757. The Court reasoned, however,  No. 16-6152 Sanders v. … Where the state court erred by applying a rule contrary to clearly established federal law or by unreasonably applying clearly established federal law, even under AEDPA, the next step is to consider the merits of the petitioner

B & B Trucking, Inc. v. United States Postal Service

363 F.3d 404 · Court of Appeals for the Sixth Circuit · Apr 2, 2004

Case law clearly establishes that claims are not necessarily rendered contractual by the presence of a contractual relationship between the parties. … The question, then, is whether sovereign immunity applies.

Schroder v. City Of Fort Thomas

412 F.3d 724 · Court of Appeals for the Sixth Circuit · Jun 29, 2005

Katz, 533 U.S. 194 , 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001), government officials sued in their individual capacities may be held liable under § 1983 only when they violate federally protected rights that are "clearly established … We need not address the municipal-policy and qualified-immunity issues in this case, however, because both theories share an initial premise—the violation of a federally protected right—that has not been satisfied.

Tony Gunter v. Bemis Co.,Inc.

906 F.3d 484 · Court of Appeals for the Sixth Circuit · Oct 16, 2018

And Bemis acknowledged that it would reinstate Gunter if the jury found him qualified for his position. … It establishes—or fails to establish—our authority to decide a case, triggering an unflagging duty to make sure we have it. Hamer v. Neighborhood Hous. Servs. of Chi., 138 S. Ct. 13, 17 (2018).

Carl M. Hill v. Joseph A. Califano, Jr., Secretary of Health Education and Welfare

592 F.2d 341 · Court of Appeals for the Sixth Circuit · Feb 16, 1979

Both efforts failed to qualify appellant under the standards in 20 C.F.R. § 410.490 (b)(l)(ii). Dr. … Appellant did not qualify under either the 1971 or the 1974 ventilatory test.

Latham v. Office Attorney Gen

Court of Appeals for the Sixth Circuit · Jan 10, 2005

The plaintiff’s mere participation in these types of discussions establishes that he had meaningful input into deciding how to handle legal issues for the state. … In Kimel, the Court clearly stated that “age is not a suspect classification under the Equal Protection Clause.” Id. at 83.

Kincaid v. Gibson

191 F.3d 719 · Court of Appeals for the Sixth Circuit · Sep 8, 1999

Must meet all deadlines for year-' book and monitor clearly the content; Your job performance will be reassessed in sixty (60) days. … Citing Eleventh Amendment immunity, the court dismissed all claims for monetary damages against defendants in their official capacities.

Jolley v. Harvell

254 F. App'x 483 · Court of Appeals for the Sixth Circuit · Nov 13, 2007

State actors are entitled to qualified immunity unless their conduct violated “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … If “it would be clear to a reasonable officer that his conduct was unlawful in the situation he confronted,” then qualified immunity is inapplicable. Saucier v.

Rita Sanders Geier, United States of America, Intervenor-Appellant v. Raymond Richardson, Jr., Intervenors-Appellees. H. Coleman McGinnis Intervenors-Appellees v. Ned McWherter

871 F.2d 1310 · Court of Appeals for the Sixth Circuit · Apr 12, 1989

Alexander, 801 F.2d 799 (6th Cir.1988), the United States challenged only a specific part of the consent decree which established a pre-professional program under which seventy-five qualified black sophomores were to be selected … Sec. 2412 (b) constitutes a waiver of the government's sovereign immunity.

Robert Odell, Jr. v. Kalitta Air, LLC

107 F.4th 523 · Court of Appeals for the Sixth Circuit · Jul 9, 2024

Similarly, the ADA prohibits employers from discriminating against qualified individuals “on the basis of disability.” 42 U.S.C. § 12112(a). … There is no attempt in the complaint to establish that Pilot Plaintiffs are bringing a disparate-treatment claim.

Director, Office of Workers' Compensation Programs v. Herman B. Forester

857 F.2d 1121 · Court of Appeals for the Sixth Circuit · Jan 27, 1989

The ALJ found that he had not qualified for the presumption of disability set out in 20 C.F.R. § 727 , but went on to inquire whether Forester could establish complete disability under 20 C.F.R. § 410 , applicable to all … Section 727.203(d) states, “Where eligibility is not established under this section, such eligibility may be established under Part 718 as amended from time to time.”

Cvijetinovic v. Eberlin

617 F.3d 833 · Court of Appeals for the Sixth Circuit · Aug 23, 2010

Kit Kinports, Habeas Corpus, Qualified Immunity, and Crystal Balls: Predicting the Course of Constitutional Law, 33 Ariz. L.Rev. 115, 135 (1991). … Significantly, this Circuit has never before specifically addressed whether failure to present an argument to expand Apprendi prior to Blakely precludes the defendant from establishing “cause” in the habeas context. .

Helms v. Zubaty

495 F.3d 252 · Court of Appeals for the Sixth Circuit · Jul 19, 2007

Whether this statement converts the office space into a designated public forum is a question of law. *257 It is well established that courts will not find a public forum where the government clearly did not intend to create … Because we find no constitutional violation, we do not reach the issue of qualified immunity as to Baker and Caldwell or Helms’s individual claims against the other Defendants.

Kenneth N. Wexley v. Michigan State University Richard Lewis David Scott John Dibiaggio Delores Cook and Dean Pridgeon

25 F.3d 1052 · Court of Appeals for the Sixth Circuit · May 23, 1994

Professor Wexley's Discrimination Claims 17 A plaintiff presents a prima facie case of discrimination by showing that he belongs to a protected class, that he was qualified for the position that he held, that he was discharged … immunity, the district court did not address the issue, and our substantive determinations above obviate the need to resolve the issue

Adult Video Association Poe, Inc. And Roe, Inc. v. United States Department of Justice William Barr Patrick Trueman Edward Bryant and Dan L. Newsom

71 F.3d 563 · Court of Appeals for the Sixth Circuit · Dec 7, 1995

Adult Video’s argument that a general fear of prosecution under an unchallenged federal law is sufficient to establish standing clearly is without merit. … Although we decide this case on other grounds, Adult Video apparently has failed to establish a waiver of sovereign immunity here.

Nadim Hanna v. Eric Holder, Jr.

740 F.3d 379 · Court of Appeals for the Sixth Circuit · Jan 17, 2014

The BIA, adopting the IJ’s explanation, found that Hanna did not qualify for the exception. … See 8 C.F.R. § 1208.15(a); see also Ali, 237 F.3d at 595–96 (finding asylum applicant did not qualify for an exception since she “did not remain as long as necessary to arrange onward travel” and “clearly established significant

Kenneth Moran v. Timothy Rogers

Court of Appeals for the Sixth Circuit · Aug 28, 2019

Appellate review of qualified immunity decisions is a prime example. … The district court also concluded a three-and-a-half-hour delay, if shown, could support a finding that Parks violated Moran’s clearly established Eighth Amendment rights.

Richard Clemons v. John Couch

Court of Appeals for the Sixth Circuit · Apr 5, 2019

Such a challenge to “evidence sufficiency” does not establish our jurisdiction over an interlocutory appeal of a denial of qualified immunity. Id. … , or other clearly established right which a person in the public employee’s position presumptively would have known was afforded to a person in the plaintiff’s position.”

Sandison v. Michigan High School Athletic Ass'n

64 F.3d 1026 · Court of Appeals for the Sixth Circuit · Sep 12, 1995

“Otherwise Qualified” We also hold that the district court clearly erred by finding that the plaintiffs are likely to show that they are “otherwise qualified” to participate in interscholastie track and cross-country competition … The plaintiffs are unlikely to succeed in establishing this element of the title II claim. Nor are the plaintiffs likely to succeed in showing that they are “qualified indi-viduales]” under §§ 12131(2), 12132.

Matthew Burghardt v. Ezekiel Ryan

Court of Appeals for the Sixth Circuit · Jun 1, 2022

To overcome qualified immunity, a plaintiff must show two things: first, that the officer violated a constitutional right of the plaintiff; and second, that the right was “clearly established” when the officer acted. … Qualified immunity therefore protects Ryan and London as to the federal claims.