Case law

Crace v. Kentland-Elkhorn Coal Corp.

109 F.3d 1163 · Court of Appeals for the Sixth Circuit · Apr 7, 1997

The legislation sought simultaneously to establish more lenient standards of eligibility for benefits and, where the miner did not qualify under the Trust Fund, to hold individual coal operators liable for claims arising … Crace's part B claim is a "claim denied" and hence qualifies under the first part of § 932.

Mullins v. Secretary of Health & Human Services

836 F.2d 980 · Court of Appeals for the Sixth Circuit · Jun 26, 1987

Rogers’ report supports the ALJ’s conclusion that claimant’s impairments or combination of impairments prior to February 5, 1982, did not qualify as a listed impairment. B. … In Kirk , this court recognized that there is five-step analysis in establishing disability. If a claimant is presently working, he or she is automatically not qualified for benefits.

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.

Clover Fork Coal Co. v. National Labor Relations Board

97 F.2d 331 · Court of Appeals for the Sixth Circuit · Jun 8, 1938

But the directness and immediacy of the effect of labor practices upon interstate commerce in an extreme case furnishes no immunity from regulation in one less conclusive, nor a test of jurisdiction thereover. … In the Santa Cruz Case the strike had already begun, and so its effect upon commerce was at once clearly established.

Tommaso Argento v. Herbert A. Horn, U.S. Commissioner, Xavier North, U.S. Marshal, Folco Zugaro, Consul of the Republic of Italy

241 F.2d 258 · Court of Appeals for the Sixth Circuit · Feb 12, 1957

It is the appellant’s position that under established principles of international law the outbreak of war between Italy and the United States in 1941 operated to abrogate completely the extradition treaty previously existing … They were obviously hearsay, and clearly would have been inadmissible in a criminal trial in the United States. But that is not the test.

Salyersville National Bank v. United States

613 F.2d 650 · Court of Appeals for the Sixth Circuit · Jan 30, 1980

Thus corporations, being unable to procure a license, may seek to have their officers qualify in place of themselves. … We think clearly not. In Nicholas A.

Luanna Grote v. Kenton County, Ky.

Court of Appeals for the Sixth Circuit · Oct 26, 2023

In the alternative, the district court found that qualified immunity was appropriate for the individual Kenton County Defendants. Id. at 41–43 (Page ID #3946–48). … immunity.”).

Patricia Siders v. City of Eastpointe

Court of Appeals for the Sixth Circuit · Jul 24, 2020

The officer claimed qualified immunity, meaning that he is immune from suit if his actions did not violate the suspect’s constitutional rights, or if those rights were not clearly established, or if his decisions, even … To deny qualified immunity here would be to hold that a suspected domestic-violence perpetrator has a clearly established constitutional right to thwart the responding officer by getting into a car and closing the door,

United States v. L.E. Cooke Company, Inc.

991 F.2d 336 · Court of Appeals for the Sixth Circuit · Apr 20, 1993

The coal industry categorizes reserves according to standards established by the United States Geological Survey. … The evidence also showed that Cooke had held the leases since the early 1970’s without establishing a single mining operation on any of the subject tracts.

Zajkowski v. American Steel & Wire Co.

258 F. 9 · Court of Appeals for the Sixth Circuit · Dec 5, 1918

WARRINGTON, Circuit Judge (after stating the facts as above). [1] In the view of the learned trial judge, the Workmen’s Compensation Act (102 Ohio Laws, p. 524) gave to defendant immunity from any right of action that might … employer, where necessary, to ascertain what “devices, means and methods” are “reasonably effective” to prevent contraction of an occupational disease; and certainly in most instances the employer rather than the lawmaker is qualified

Russell v. Drabik

24 F. App'x 408 · Court of Appeals for the Sixth Circuit · Dec 4, 2001

The failure to promote claim clearly arises under the Equal Protection Clause and thus is not preempted by Title VII. … Here, Plaintiff is a member of a protected class as an African-American and was clearly qualified for the Administrative Assistant III position, having served as an Administrative Assistant II for twenty years (far in excess

Kesha Gray v. Shelby County, Tenn.

Court of Appeals for the Sixth Circuit · Aug 15, 2023

We undertake the qualified-immunity inquiry in the ordinary sequence, first assessing whether Barnett violated a constitutional right and then assessing whether the right was clearly established. … Because we earlier concluded that Barnett violated Gray’s clearly established constitutional rights in seizing Gray, Gray has satisfied her burden to overcome Sumner and Simonsen’s assertions of qualified immunity at this

Anita Loyd v. Saint Joseph Mercy Oakland

766 F.3d 580 · Court of Appeals for the Sixth Circuit · Sep 10, 2014

that she was qualified for the security-guard position. … The district court first held that Loyd could not establish that she was qualified for the security-guard position, which was fatal to her pri-ma facie case.

Coker v. Gielow

806 F.2d 689 · Court of Appeals for the Sixth Circuit · Dec 3, 1986

His annuity amount was computed under the formula specified in the 1974 Act, and that amount, once established, is clearly subject to full reduction for future social security entitlement. … It is this feature of the Act that operates most conclusively to bring railroad annuities in line with those which would have been payable under the social security system, a goal clearly established by the legislative history

Frank Robbins Dorsey v. United Parcel Service

195 F.3d 814 · Court of Appeals for the Sixth Circuit · Nov 4, 1999

As a “flight training supervisor,” Dorsey attempted to gain union recognition and representation for a group of pilot employees whose general job title was “flight qualified supervisors.” … The district court overlooked the fact that paragraph 38 of the Complaint clearly states that “Mr. Coonley [a UPS management official] informed Capt.

Chinyere Ogbonna-McGruder v. Austin Peay State Univ.

91 F.4th 833 · Court of Appeals for the Sixth Circuit · Jan 30, 2024

The district court did not err in concluding that the four alleged incidents fail to establish severe or pervasive harassment. … Section 1983 authorizes a private cause of action against anyone who, “under color of state law, deprives a person of rights, privileges, or immunities secured by the Constitution or conferred by federal statute.”

Guthrie v. Sparks

131 F. 443 · Court of Appeals for the Sixth Circuit · Aug 2, 1904

Stress was laid upon this provision by the court below and by counsel in argument here, as if it established a new rule of taxation which had the effect to extinguish all inconsistent laws. … But this is clearly a mistake.

Kevin Stanford v. Phil Parker, Warden, Kentucky State Penitentiary

266 F.3d 442 · Court of Appeals for the Sixth Circuit · Sep 20, 2001

Under this standard, habeas petitioners ... are not entitled to habeas relief based on trial error unless they can establish that it resulted in ‘actual prejudice.’ ” Brecht v. … However, a petition may be summarily dismissed if the record clearly indicates that the petitioner’s claims are either barred from review or without mer *460 it. See id.

Keith v. Mitchell

Court of Appeals for the Sixth Circuit · Jul 10, 2006

Washington, 466 U.S. 668 (1984), and “[i]t is past question that the rule set forth in Strickland qualifies as ‘clearly established Federal law, as determined by the Supreme Court of the United States.’” … While it is not clearly established that Petitioner was abused, there is evidence suggesting abuse.

Lennox Emanuel v. Wayne County, MI

652 F. App'x 417 · Court of Appeals for the Sixth Circuit · Jun 20, 2016

Qualified immunity is available to government officials “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Because such a conclusion was reasonable under the circumstances, qualified immunity would have been appropriate.