Case law

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  • Parate v. Isibor

    868 F.2d 821 · Court of Appeals for the Sixth Circuit · Feb 17, 1989

    immunity. … Isibor and Samuchin contend that because their actions implicated no clearly defined and settled principles of law, the defense of qualified immunity is applicable.

    Cited 61 timesPublished
  • Shelly Shull v. Walgreen Co.

    Court of Appeals for the Sixth Circuit · Jul 22, 2019

    The contours of qualified immunity are well-defined: The doctrine of qualified immunity shields officials from civil liability if their conduct “does not violate clearly established statutory or constitutional … Biggers falls far short of representing the kind of granular precedent required to deny qualified immunity based upon “clearly established law.”

    Cited 0 timesUnpublished
  • In Re Grand Jury Subpoena to Custodian of Records, Midcity Realty Company

    497 F.2d 218 · Court of Appeals for the Sixth Circuit · May 23, 1974

    It is of no significance that the record keeping requirement is established by state law rather than federal law. In United States v. … “The criterion for Fifth Amendment immunity remains not the ownership of property but the ‘ “physical or moral compulsion” exerted.’ Perlman [v. United States,] 247 U.S. [7] at 15 [ 38 S.Ct. 417 , 62 L.Ed. 950 .]

    Cited 8 timesPublished
  • Ira Ray Clark v. Karst-Robbins Coal Co., Liberty Mutual Insurance Co., and Director, Owcp, United States Department of Labor

    45 F.3d 430 · Court of Appeals for the Sixth Circuit · Dec 20, 1994

    The ALJ clearly addressed the results of the spirometric studies in the context of discussing the administering physicians' reports. … Clark produced qualifying blood gas results, but no medical opinion credibly explains the cause of those results.

    Cited 4 timesPublished
  • Elaine Jachyra v. City of Southfield, a Municipal Corporation

    97 F.3d 1452 · Court of Appeals for the Sixth Circuit · Sep 12, 1996

    Furthermore, the mere expectation of a property right is not sufficient: 16 To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. … Governmental Immunity under Michigan Law 31 Southfield argues that Jachyra's claim of intentional infliction of emotional distress is barred by governmental immunity under Michigan law, which provides that: 32 Except as otherwise

    Cited 9 timesUnpublished
  • Perry v. PIE Nationwide, Inc.

    872 F.2d 157 · Court of Appeals for the Sixth Circuit · Apr 10, 1989

    ERISA’s authors clearly meant to preclude the States from avoiding through form the substance of the preemption provision. Alessi v. … This outline or summary was "qualified in its entirety by reference to the detailed information contained in such prospectus.” .

    Cited 97 timesPublished
  • Sharp v. United States

    Court of Appeals for the Sixth Circuit · Mar 16, 2005

    When determining whether the United States is immune from suit based on the discretionary- function exception, we engage in a two-step analysis. … United States, Department of the Army, a case decided before the Supreme Court issued its ruling in Gaubert, we explained: Because § 2680 clearly limits the jurisdiction of the federal courts, a plaintiff can invoke

    Cited 0 timesPublished
  • United States v. John Burton Moody

    371 F.2d 688 · Court of Appeals for the Sixth Circuit · Jan 27, 1967

    It was clearly established, however, that the defendant received the fees and made all bank deposits and simply told the bookkeeper of the amount to enter. Defendant did not testify. … But, equally obviously, it does not create any immunity from them either.

    Cited 15 timesPublished
  • Nathan Roberts v. Progressive Preferred Ins. Co.

    Court of Appeals for the Sixth Circuit · Feb 24, 2026

    See, e.g., Associated General Contractors, 508 U.S. at 666.1 Allowing a complaint’s legal model to defeat Article III standing where the pleaded facts otherwise clearly establish standing contravenes our obligation to conduct … In fact, Runyon alone is sufficient to establish Roberts’s standing.

    Cited 0 timesPublished
  • David T. Hunter (99-3620) Robert Allison (99-3623) v. Caliber System, Inc., F/k/a Roadway Services, Inc.

    220 F.3d 702 · Court of Appeals for the Sixth Circuit · Aug 2, 2000

    The Wulf plaintiffs submitted evidence which clearly supported a conclusion that a termination of employment had occurred, giving rise to distribution rights. … the “act of a settlor, immune from scrutiny under Title I of ERISA.”

    Cited 136 timesPublished
  • Aleksandr Yeremin v. Eric Holder, Jr.

    707 F.3d 616 · Court of Appeals for the Sixth Circuit · Feb 14, 2013

    Crimes that involve deception or fraud consistently are held to qualify as crimes involving moral turpitude. … The BIA affirmed the decision on this basis, finding that “the inherent nature of the underlying offense clearly involves fraud.” C.A.R. at 76 (Nov. 5, 2010 BIA Dec. at 2).

    Cited 3 timesPublished
  • Bowie v. Advanced Ceramics Corp.

    72 F. App'x 258 · Court of Appeals for the Sixth Circuit · Jul 8, 2003

    qualified for the position of primary processor. … , non-discriminatory reason” for termination to establish that he was not qualified for the coordinator position under the four-prong prima facie test of McDonnell Douglas Corp. v.

    Cited 7 timesPublished
  • Lewell Marcum v. James McWhorter as Interim Sheriff of Pulaski County, Kentucky

    308 F.3d 635 · Court of Appeals for the Sixth Circuit · Sep 19, 2002

    The district court dismissed Marcum’s First Amendment claims and his freedom of association claim against Catron in his individual capacity on the grounds of qualified immunity. … Thus, summary judgment is appropriate if a party who has the burden of proof at trial fails to make a showing sufficient to establish the existence of an element that is essential to that party’s case.

    Cited 19 timesPublished
  • Lee Shops, Inc. v. Schatten-Cypress Company

    350 F.2d 12 · Court of Appeals for the Sixth Circuit · Aug 27, 1965

    But it is settled that the clearly erroneous rule applies not only to factual findings but also to inferences drawn from established facts. Commissioner v. … We think there was ample evidence to support the ruling of the District Court which qualified Klein as an expert in the field of leasing stores. It was not clearly erroneous.

    Cited 24 timesPublished
  • David Carter v. Monte Hamaoui

    699 F. App'x 519 · Court of Appeals for the Sixth Circuit · Jul 20, 2017

    Merely demonstrating that an officer’s actions violate the Fourth Amendment is insufficient to defeat qualified immunity; instead, the violation must be unreasonable in light of clearly established law. … He is therefore not entitled to qualified immunity as a matter of law. We thus REVERSE the district court’s grant of qualified immunity with respect to Hamaoui.

    Cited 6 timesUnpublished
  • Carol A. Jacklyn Roger Jacklyn v. Schering-Plough Healthcare Products Sales Corporation

    176 F.3d 921 · Court of Appeals for the Sixth Circuit · May 24, 1999

    The mere fact that each of these men was a “manager” within the expansive Spiegel organization is clearly insufficient to establish that matters bearing upon [plaintiffs] discharge were within the scope of their employment … employment action, (3) she was qualified, and (4) she was treated differently than similarly-situated male employees for the same or similar conduct.

    Cited 458 timesPublished
  • Wayne Joiner v. Allen Hobart Scott West Charles Bobbit, Jr. Robert Mann, Police Chief, White House, Tn Cindy Spivey

    52 F.3d 325 · Court of Appeals for the Sixth Circuit · Apr 20, 1995

    Mylod, 988 F.2d 635, 638 (6th Cir.1993). 6 The district court properly dismissed Judge Bobbit on the basis that he is entitled to absolute judicial immunity. Mireles v. … The district court clearly stated its reasons for imposing sanctions, and those reasons were proper considerations. 14 Accordingly, the district court's order is affirmed. Rule 9(b)(3), Rules of the Sixth Circuit.

    Cited 1 timesPublished
  • Judy Gettings v. Building Laborers Local 310 Fringe Benefits Fund

    349 F.3d 300 · Court of Appeals for the Sixth Circuit · Nov 13, 2003

    Second, Gettings does not allege that she was qualified to be a field auditor. Third, Gettings and Mickshaw were not similarly situated. … It nonetheless concluded that the Fund’s plan was a qualified trust under the tax laws.

    Cited 112 timesPublished
  • Roth Office Equipment Co. v. Gallagher

    172 F.2d 452 · Court of Appeals for the Sixth Circuit · Feb 10, 1949

    We are of the opinion that the findings of the District Court ¡on the issue of the reasonableness of the compensation for 1942 were ¡clearly ¡erroneous ¡and should be set aside. … witnesses -sustaining its contention, unless the established -f-acts themselves -are -such as to show that such testimony ought not to be -accepted.

    Cited 28 timesPublished
  • Erica Bojicic v. Richard Michael DeWine

    Court of Appeals for the Sixth Circuit · Jul 30, 2025

    Page 5 (2) the claims, defenses, and other legal contentions are [not] warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing … Instead, they incorrectly conflated the required substantive-due-process analysis with questions under the Equal Protection Clause and the Privileges and Immunities Clause. Id. at *5.

    Cited 0 timesPublished

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