Case law

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.”

Ernest Kirk v. Calhoun Cnty., Mich.

Court of Appeals for the Sixth Circuit · Jul 12, 2021

right and (2) that right was clearly established.” … If true, Deputy Edmonds’s conduct also violated clearly established law.

Sharman Simon and Cynthia Dellick v. City of Youngstown

73 F.3d 68 · Court of Appeals for the Sixth Circuit · Feb 27, 1996

Further, the plaintiff carries the initial burden of establishing a prima facie case of discrimination. … The district court’s finding was not clearly erroneous.

United States v. Gibbs

626 F.3d 344 · Court of Appeals for the Sixth Circuit · Nov 24, 2010

This, we concluded in Ford, also established that a failure-to-report escape is not a “crime of violence.” 560 F. 3d at 423. … That error is also plain because Begay and Chambers clearly altered the analysis applicable to the question of whether a prior conviction constitutes a “crime of violence.”

Salyer v. Consolidation Coal Co.

246 F. 794 · Court of Appeals for the Sixth Circuit · Jan 8, 1918

However, it is clearly established that an appointment which, under these sections is forbidden because premature, is not void but is only erroneous. The question first arose in Buckner’s Adm’rs v. … Railroad, supra, and clearly makes valid and effectual the beginning of this suit by Mrs.

United States v. McCauley

Court of Appeals for the Sixth Circuit · Nov 25, 2008

Appellant’s two 1987 convictions were properly treated as separate qualifying convictions under the ACCA. … Based on clearly established precedent and the language of the ACCA, his prior offenses clearly subject him to sentencing under the ACCA. For the foregoing reasons, we AFFIRM the ruling of the district court.

Markva v. Haveman

317 F.3d 547 · Court of Appeals for the Sixth Circuit · Jan 27, 2003

At issue here is the “caretaker relative eligibility” category for Medicaid benefits established by 42 U.S.C. § 1396d(a)(ii). See Markva, 168 F.Supp.2d at 714 . … To prevail on a claim brought under 42 U.S.C. § 1983 , the plaintiffs must prove that the defendants acted “under color of law” and that the defendants’ conduct deprived them of a right, privilege or immunity secured by the

Sunny Ridge Mining Company, Inc. v. Herbert Keathley

773 F.3d 734 · Court of Appeals for the Sixth Circuit · Dec 4, 2014

Therefore, the ALJ found that all the test results were “clearly valid representations of Keathley’s pulmonary function at the time of each test.” … standard, where no other basis for invalidation existed, were sufficiently probative to establish total disability, and that such a blanket preference for non-qualifying values was contrary to regulations.

Natasha Fineout v. Del Kostanko

Court of Appeals for the Sixth Circuit · Aug 2, 2019

Under the doctrine of qualified immunity, government officials “generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of … Under the doctrine of qualified immunity, government officials “will be liable for the violation of a constitutional right only if the right was ‘clearly established in light of the specific context of the case.’” Id.

Dustin Ayala v. Michael Hogsten

Court of Appeals for the Sixth Circuit · Dec 2, 2019

We review de novo the denial of qualified immunity. Binay v. Bettendorf, 601 F.3d 640, 646 (6th Cir. 2010). … An officer is entitled to qualified immunity unless his conduct violated a constitutional right that was clearly established at the time. See Scott, 550 U.S. at 377–78.

McGuire v. City of Royal Oak

295 F. App'x 736 · Court of Appeals for the Sixth Circuit · Sep 26, 2008

Defendants moved for summary judgment on all counts based upon qualified immunity and Michigan’s intergovernmental immunity statute. … This Court reviews a district court's denial of summary judgment on qualified immunity grounds de novo, “because the determination of whether qualified immunity is applicable to an official’s actions is a question of law

American Civil Liberties Union Of Tennessee v. Bredesen

441 F.3d 370 · Court of Appeals for the Sixth Circuit · Mar 17, 2006

The district court denied the defendant's motion to dismiss based on qualified immunity and the Second Circuit affirmed. … That is, when the government speaks, must it identify itself clearly as the speaker?

Avtar Singh v. Jeffrey Rosen

984 F.3d 1142 · Court of Appeals for the Sixth Circuit · Jan 7, 2021

Or does this hardship conclusion qualify as a discretionary decision left to the Board under § 1252(a)(2)(B)? … qualifying relative. 8 U.S.C. § 1229b(b)(1)(D).

Jacquelyn Mares v. Miami Valley Hospital

96 F.4th 945 · Court of Appeals for the Sixth Circuit · Mar 21, 2024

As discussed 6 The three WSU employee defendants also raise, briefly, the question of qualified immunity. … Given the underdeveloped arguments on the matter, and the outcome on Mares’s claims, this court does not address the topic of qualified immunity. 7 References to MVH in this section also include Premier

Sheila L. Tanner v. Caspar Weinberger, Secretary, Health, Education and Welfare

525 F.2d 51 · Court of Appeals for the Sixth Circuit · Oct 31, 1975

The Secretary maintains that the Jimenez case is clearly not automatically dispositive of the instant case. … Rather the statute requires all claimants to establish the parenthood of the insured. Additional burdens are imposed strictly in instances of illegitimacy. Lucas v.

Dean Koch v. State of Ohio

Court of Appeals for the Sixth Circuit · Jun 2, 2021

The district court found that whether or not Meyer was correct to decline to investigate Koch’s complaint, Meyer was entitled to qualified immunity since there is no clearly established right to an inspector general’s … Qualified immunity shields government officials acting within the scope of their official duties from civil liability insofar as their conduct does not violate clearly established rights of which a reasonable person would

Brian M. Kolkowski v. Goodrich Corporation

448 F.3d 843 · Court of Appeals for the Sixth Circuit · May 18, 2006

Thus, under either test the EPP qualifies as an ERISA plan and it cannot be said that the district court clearly erred in making its determination that the EPP constituted an ERISA plan. … These cases are clearly distinguishable from the case at hand. Here, the Court must decide whether Kolkowski received “at least comparable” employee benefits, not whether the stock option plan qualifies under ERISA.

Sharee Miller v. Clarice Stovall

742 F.3d 642 · Court of Appeals for the Sixth Circuit · Feb 11, 2014

Accordingly, we reject Miller’s claim that the Michigan Court of Appeals acted “contrary to” clearly established law. … Accordingly, we conclude that its admission was not an unreasonable application of clearly established law.

Alyce Conlon v. InterVarsity Christian Fellowship

Court of Appeals for the Sixth Circuit · Feb 5, 2015

That is clearly the case for IVCF, with not only its Christian name, but its mission of Christian ministry and teaching. … “Pastor,” “reverend,” “priest,” “bishop,” or “rabbi” are clearly religious leadership titles no different from “minister.”

Whalen v. Randle

37 F. App'x 113 · Court of Appeals for the Sixth Circuit · Mar 12, 2002

. § 2254 that was filed outside of the one-year statute of limitations established under § 2244(d)(1). Petitioner-Appellant, David M. … The improper advice Whalen received from the Ohio Public Defenders Office does not qualify him for equitable tolling under § 2244(d)(1).