Case law

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

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.”

United States v. Ramone Anderson

695 F.3d 390 · Court of Appeals for the Sixth Circuit · Sep 13, 2012

This statement, contained in a footnote, is clearly dicta and therefore not binding upon subsequent panels. See Williams v. Anderson, 460 F.3d 789, 811 (6th Cir.2006). In any case, McMurray’s dicta is unworkable. … does not readily qualify as a violent felony.

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

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.

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.

King v. Emery

836 F.2d 1348 · Court of Appeals for the Sixth Circuit · Jan 11, 1988

The correct test is objective in nature and inquires whether plaintiff's rights were clearly established at the time of the alleged violation. See Davis v. Scherer, 468 U.S. 183 (1984); Harlow v. … It is true that plaintiff had an opportunity to rebut the qualified immunity issue when she filed her response to defendants' motion to dismiss.

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.

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.

Young v. Hofbauer

52 F. App'x 234 · Court of Appeals for the Sixth Circuit · Dec 2, 2002

Instead, the issue is “whether the state court’s application of clearly established federal law was objectively unreasonable.” Id. at 409 . … established federal law).

Saginaw Mining Company v. George L. Ferda

879 F.2d 198 · Court of Appeals for the Sixth Circuit · Jul 7, 1989

The interim regulations established two classes of presumptions. … In this case, the exercise blood gas study is clearly nonconforming because it was taken after exercise, not during exercise.

Prater v. Hite Preparation Company

829 F.2d 1363 · Court of Appeals for the Sixth Circuit · Sep 22, 1987

The court did not declare that the first, qualifying study (later contradicted by other non-qualifying studies) actually established the presumption; rather, that evidence together with qualifying x-ray evidence established … We hold that this decision is supported by substantial evidence because there were two non-qualifying blood gas studies in the record, and the qualifying study was preceded only days before by a study producing clearly non-qualifying

Thomson v. Harmony

65 F.3d 1314 · Court of Appeals for the Sixth Circuit · Nov 1, 1995

However, the district court permitted Thomson's Sec. 1983 claims for prospective injunctive relief against the state to proceed, finding that his allegations fit within the exception to Eleventh Amendment immunity established … The Leaman court found that the word "any" was unambiguous, and "the Ohio legislature clearly provided for waiver of federal causes of action." 825 F.2d at 952 . 13 Ordinarily, Ohio state employees are entitled to immunity

Susan Stricker v. Twp. Of Cambridge

710 F.3d 350 · Court of Appeals for the Sixth Circuit · Jan 14, 2013

However, this simply means that Riley is only entitled to qualified immunity rather than absolute immunity. See Koubriti v. … Convertino, 593 F.3d 459, 467 (6th Cir. 2010) (“Functions which are more ‘investigative’ or ‘administrative’ in nature, because they are more removed from the judicial process, are subject only to qualified immunity. . .

Joe Peppers v. Washington County, Tenn.

686 F. App'x 328 · Court of Appeals for the Sixth Circuit · Apr 13, 2017

The district court denied this motion, citing genuine issues of material fact as to whether the individual corrections officers violated Peppers’s clearly established rights. … The defendants moved the court to reconsider its denial of qualified immunity.

United States v. Search of Music City Marketing, Inc.

212 F.3d 920 · Court of Appeals for the Sixth Circuit · May 12, 2000

qualified as drug paraphernalia. 511 U.S. at 526 , 114 S.Ct. at 1754-55 . … In the case at bar we are confronted with a defendant who dealt in a number of items that clearly qualified as drug paraphernalia.