Case law
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Court of Appeals for the Sixth Circuit · Aug 8, 2003
See Harris, 300 F.3d dismissal of § 1981 claims on qualified immunity grounds at 1187 (noting that the federal courts “have split in and not reaching statute of limitations issue), cert. denied, 535 determining … The establishment of a gave him his resume.
Cited 0 timesPublished693 F.2d 600 · Court of Appeals for the Sixth Circuit · Nov 18, 1982
Brown was qualified for the promotion since he passed the qualifying test. The court found that his record for job performance, compared to Ms. Noel's record, was not conclusively better or worse. … II. 10 Both parties argue that a part of the district court findings of fact are clearly erroneous. The state also contends that legal error requires that the verdict be rendered in its favor.
Cited 8 timesPublished207 F. App'x 521 · Court of Appeals for the Sixth Circuit · Nov 14, 2006
Dendinger can establish neither. … On appeal, BCI & I again neglected to brief or argue the immunity issue with respect to the IIED claim. A state may waive Eleventh Amendment immunity through its litigation conduct. Lapides v.
Cited 33 timesUnpublished853 F.2d 458 · Court of Appeals for the Sixth Circuit · Aug 4, 1988
or “qualified acquirer.” … Congress has clearly limited the invocation of jurisdiction under the FTC Act to the Commission itself. Alfred Dunhill, Ltd. v.
Cited 15 timesPublishedMatthew Richardson v. United States
890 F.3d 616 · Court of Appeals for the Sixth Circuit · May 15, 2018
establishing that the type of structure is not an element of the offense. … However, neither side has established its position with certainty.
Cited 11 timesPublishedKevin Koelzer v. Aaron Westrick
Court of Appeals for the Sixth Circuit · May 7, 2024
The officers raise three arguments in this qualified-immunity appeal. … The district court correctly denied qualified immunity to the officers on this count.
Cited 0 timesUnpublishedCourt of Appeals for the Sixth Circuit · Dec 21, 2006
Reg. § 1.170A-14(d)(3)(i) were clearly erroneous because No. 06-1398 Glass, et al. v. … Comm’r of Internal Revenue Page 15 wildlife and plants in perpetuity, are not clearly erroneous.
Cited 0 timesPublishedGregory Papierz v. Scott Jackson
339 F. App'x 587 · Court of Appeals for the Sixth Circuit · Aug 3, 2009
Specifically, he found that, even if the Officers’ actions did constitute a violation under the Fourth Amendment, this right was not clearly established. (J.A. at 262.) … Papierz also objects to the court’s ruling that the Officers were entitled to qualified immunity.
Cited 0 timesUnpublishedLee Briggs v. Univ. of Cincinnati
11 F.4th 498 · Court of Appeals for the Sixth Circuit · Aug 26, 2021
And because UC did not establish its “factor other than sex” defense “so clearly that no rational jury could have found to the contrary,” the grant of summary judgment was inappropriate. … Second, the court found UC had established that it “believed in good faith [Briggs] was not qualified for” the position, and so could not be liable for retaliation.
Cited 99 timesPublished475 F.2d 545 · Court of Appeals for the Sixth Circuit · Mar 28, 1973
in running the test and the chain of custody of the samples need not be established. … United States, supra, held that the competency of records admitted under this Act must be otherwise established.
Cited 6 timesPublishedJaimes v. Toledo Metropolitan Housing Authority
758 F.2d 1086 · Court of Appeals for the Sixth Circuit · Mar 25, 1985
The Secretary is clearly empowered to “withhold funds or defer action in the name of desegregation,” 114 Cong. … HUD not only claims the court erred in awarding damages, but also claims to be protected by sovereign immunity. .
Cited 26 timesPublishedCity of Cookeville v. Upper Cumberland Electric Membership Corp.
484 F.3d 380 · Court of Appeals for the Sixth Circuit · Apr 19, 2007
In the context of federal officer removal, the Supreme Court has held that the officer “must both raise a colorable federal defense and establish that the suit is ‘for a[n] act under color of office.’” … First, the district court did not clearly err by rejecting Cookeville’s proposed reintegration plan.
Cited 3 timesPublishedJerome Dewald v. Gene Wriggelsworth
748 F.3d 295 · Court of Appeals for the Sixth Circuit · Apr 7, 2014
Clearly established federal law “Under AEDPA, if there is no clearly established Federal law, as determined by the Supreme Court that sup *299 ports a habeas petitioner’s legal argument, the argument must fail.” … We therefore find no clearly established federal law in this case.
Cited 18 timesPublishedAdam Kanuszewski v. Mich. Dep't of Health & Hum. Servs.
141 F.4th 796 · Court of Appeals for the Sixth Circuit · Jun 25, 2025
We also affirmed the dismissal of claims seeking damages against the defendant-employees in their individual capacities based on qualified immunity. Id. … ongoing operation of the Newborn Screening Program and the future invocation of qualified immunity by state employees involved in the program.”
Cited 7 timesPublished579 F.3d 614 · Court of Appeals for the Sixth Circuit · Sep 4, 2009
that he was discharged; 3) that he was qualified for the position held; and 4) that he was replaced by someone outside of the protected class. … Gould, 808 F.2d 493, 502 (6th Cir.1987) (“So long as its reasons are not discriminatory, an employer is free to choose among qualified candidates.”).
Cited 413 timesPublishedWilliam Carl Hundley v. Philip Parker, Warden Patti R. Webb and Rick Pershing
69 F.3d 537 · Court of Appeals for the Sixth Circuit · Nov 2, 1995
On appeal, the issues are (1) whether the district court erred in denying defendants qualified immunity because plaintiff did not have a clearly established right to be housed separately from general population inmates after … he was transferred to the segregation unit of the prison, and (2) whether the district court erred in denying defendants qualified immunity because plaintiff did not have a clearly established right to be housed separately
Cited 0 timesUnpublishedJudy Hodge v. Blount Cty., Tenn.
Court of Appeals for the Sixth Circuit · Aug 27, 2019
to qualified immunity. … clearly established at the time of the violation.”
Cited 0 timesUnpublished810 F.2d 109 · Court of Appeals for the Sixth Circuit · Jan 27, 1987
It is only under the terms of the Tucker Act that the United States waives its sovereign immunity to such claims, and this consent to suit is a jurisdictional prerequisite. United States v. … The main holding of the case was that the doctrine of sovereign immunity did not insulate the United States from claims for injunctive relief.
Cited 19 timesPublishedChappelle Gales v. Allenbrooke Nursing & Rehab. Ctr.
91 F.4th 433 · Court of Appeals for the Sixth Circuit · Jan 22, 2024
An abuse of discretion occurs if the district court (1) misunderstood the law, (2) relied on clearly erroneous factual findings, or (3) made a clear error of judgment. United States v. … Rule 702, in turn, requires a district court to assess whether a qualified expert’s testimony will help the fact finder understand and evaluate the local standard of care and how it applies to the facts of a medical malpractice
Cited 6 timesPublished200 F.2d 526 · Court of Appeals for the Sixth Circuit · Dec 19, 1952
“It Is Further Ordered that the Clerk deliver a certified copy of this judgment and commitment to the United States Marshal or other qualified officer and that the same shall serve as the commitment herein.” … ends of justice and the best interest of the public as well as the defendant will be subserved by suspending the execution of sentence and by placing the defendant on probation under the provisions of the Act of Congress establishing
Cited 24 timesPublished
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