Case law

Thomas Calvey v. Village of Walton Hills, Ohio

Court of Appeals for the Sixth Circuit · Jan 19, 2021

The district court also found that qualified immunity applied to bar Plaintiff’s claims against Kwiatkowski and Cercek. … right, and (2) that the right was ‘clearly established’ at the time of the challenged conduct.”

Cynthia Ray v. Tonya Davis

528 F. App'x 453 · Court of Appeals for the Sixth Circuit · Jun 4, 2013

Determining whether qualified immunity exists generally involves first determining whether a constitutional violation occurred and, if so, a subsequent determination of whether the right infringed was clearly established. … Therefore, in order to overcome qualified immunity, Ray would have to establish that a “clearly established” constitutional right was violated.

George Fitzpatrick, Heza Fitzpatrick v. Lee Meyer, Brown County Sheriff, Todd Cribett, Jack MacKey Brown County Board of Mental Retardation and Developmental Disabilities

7 F.3d 233 · Court of Appeals for the Sixth Circuit · Sep 14, 1993

the legal rules that were "clearly established" at the time the actions were taken. … Haydon, 853 F.2d at 425 . 12 To determine whether qualified immunity protects the defendants, this court must determine: 1) whether the Fitzpatricks identified a clearly established right alleged to have been violated; and

United States v. Gleason

Court of Appeals for the Sixth Circuit · Dec 29, 2005

His claim that his methods are “audit-proof” misleads customers because no tax arrangement is immune from IRS scrutiny, and in fact the IRS has begun auditing many Tax Toolbox customers. … Gleason systematically overstated the tax benefits of a home- based business without warning of well-established limitations in the tax code.

Barbara Policastro v. Northwest Airlines, Incorporated

297 F.3d 535 · Court of Appeals for the Sixth Circuit · Jul 29, 2002

To establish a prima facie case, a plaintiff must show (1) “that [s]he is a member of a protected group,” (2) “that [s]he was subject to an adverse employment decision,” (3) “that [s]he was qualified for the position,” and … no question that she was qualified for the position.

Clarke v. City of Cincinnati

40 F.3d 807 · Court of Appeals for the Sixth Circuit · Nov 3, 1994

To qualify as a “special” circumstance, then, incumbency must play an unusually important role in the election at issue; a contrary rule would confuse the ordinary with the special, and thus “make practically every *814 American … That such a system is adopted by means of the referendum process does not “immunize” it from constitutional scrutiny, since “[t]he sovereignty of the people is itself subject to those constitutional limitations which have

GPat Patterson v. Kent State Univ.

Court of Appeals for the Sixth Circuit · Sep 12, 2025

It’s clearly already having an impact. I have concerns.” R. 69-9, Texts, p.15–16, PageID 4244– 45. The two had a call to discuss. … A plaintiff must first establish a prima facie case.

Brooks v. Sneed

51 F.3d 271 · Court of Appeals for the Sixth Circuit · Dec 5, 1994

In regard to a summary judgment determination of qualified immunity, a plaintiff must pass two hurdles: "First, the allegations must state a claim of the violation of clearly established law. … Connor, 490 U.S. 386, 392-93 (1989), were clearly established.

Younis v. Pinnacle Airlines, Inc.

610 F.3d 359 · Court of Appeals for the Sixth Circuit · Jun 30, 2010

With regard to Younis’s claim that he was the victim of a hostile work environment, that standard has clearly not been met. The allegations in Younis’s complaint exceed the scope of his EEOC charge. … was qualified for the position; and (4) that a similarly-situated employee outside the protected class or classes was treated more favorably than he.

Sonya Bradley v. Steve Arwood

705 F. App'x 411 · Court of Appeals for the Sixth Circuit · Aug 29, 2017

However, Przekop-Shaw accepts the facts as established by Bradley, arguing that those facts “do not establish a constitutional violation for the purposes of the qualified immunity inquiry.” (Appellant’s Br. 1). … right, and whether that constitutional right was clearly established.

John Gallo v. Moen Incorporated

813 F.3d 265 · Court of Appeals for the Sixth Circuit · Feb 8, 2016

Fourth, while the authors of the CBAs opted not to say that retiree healthcare benefits were vested for life, they explicitly vested pension benefits for qualifying retirees. … Only at that point do courts ask whether the parties or the legislature, as the case may be, has clearly/expressly/plainly created the duty at issue and only at that point .do they establish a default rule in favor of or

Artis v. Finishing Brands Holdings, Inc.

639 F. App'x 313 · Court of Appeals for the Sixth Circuit · Jan 26, 2016

Artis alternatively argues that he and Childs were both qualified, and he presented sufficient other evidence to establish a triable issue on pretext. … Here, the evidence shows that Battle was clearly “involved” in discussions about filling the cell leader position.

Peter Corrado, A/K/A Pietro Corrado v. United States

227 F.2d 780 · Court of Appeals for the Sixth Circuit · Dec 16, 1955

These arrests were- established by the Government, by evidence introduced at the trial: one for murder; four for armed robbery; and one “on investigation.” … The trial judge here stated clearly that he did not believe the testimony of appellant.

OPAWL - Building AAPI Feminist v. Dave Yost

Court of Appeals for the Sixth Circuit · Sep 16, 2025

Similarly, the Attorney General presents little “proof” to establish that Ohio’s ban furthers its interest. Williams-Yulee, 575 U.S. at 447. … Plainly, then, the Privileges or Immunities Clause bars the states from abridging the privileges or immunities only of “citizens.” And here the Ohio statute applies only to noncitizens.

United States v. John Demjanjuk

367 F.3d 623 · Court of Appeals for the Sixth Circuit · Jun 28, 2004

Under the clearly erroneous standard, “[wjhere there are two permissible views of the evidence, the factfinder’s choice between them cannot be clearly erroneous,” and it “is so even when the district court’s findings do not … Defendant sets forth no evidentiary support establishing that these notes were before the district court, nor is there evidence that they are even admissible documents.

Alexander Baxter v. Brad Bracey

Court of Appeals for the Sixth Circuit · Nov 8, 2018

So long as the alleged violation has not been clearly established, the officers receive qualified immunity and the suit can be dismissed. See id. … The officers are entitled to qualified immunity because Harris’s use of the canine to apprehend Baxter did not violate clearly established law.

Cheryl Sinclair v. Lauderdale County, Tenn.

652 F. App'x 429 · Court of Appeals for the Sixth Circuit · Aug 24, 2016

However, qualified immunity “gives ample room for mistaken judgments by protecting all but the plainly incompetent or those who knowingly violate the law,” Hunter v. … Bornhorst, 513 F.3d 503, 511 (6th Cir. 2008) (“[A]n arresting agent is entitled to qualified immunity if he or she could reasonably (even if erroneously) have believed that the arrest was lawful, in light of clearly established

United States v. Jocelyn Benson

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

Indeed, Michigan law directs the secretary of state to “establish[]” and maintain the qualified voter file. Mich. Comp. Laws § 168.509o(1) (emphasis added). … Clearly a sufficient statement would be the assertion that the demand was made for the purpose of investigating possible violations of a Federal statute.

Coleman v. Glynn

983 F.2d 737 · Court of Appeals for the Sixth Circuit · Jan 19, 1993

an individual may have and obtain benefits under that program. 42 U.S.C. § 1396d(p)(l). 2 Without looking beyond this section it-would appear that the statute clearly requires states to deem eligible any applicant whose … Furthermore, the MCCA clearly requires use of the SSI methodology in calculating income, so it is logical that the SSI resource standard could be used as well.

Ray Marshall (Successor to W. J. Usery), Secretary of Labor, United States Department of Labor v. Owensboro-Daviess County Hospital

581 F.2d 116 · Court of Appeals for the Sixth Circuit · Aug 9, 1978

It was not necessary for Congress to expressly rely on § 5 in exercising its power because such power clearly existed. … , between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work on jobs