Case law

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.

United States v. Billy Joe Rucker

874 F.3d 485 · Court of Appeals for the Sixth Circuit · Oct 27, 2017

Although the judge did not list every 18 U.S.C. § 3553 (a) factor, he clearly considered several. … Thus, the district court’s statement that in order to qualify for RDAP one must have twenty-two months remaining on th'eir sentence, and that Rucker’s twenty-four month sentence qualified him for the program, does not indicate

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

United States v. Robert Graham, United States of America v. Grady Lee Tucker

391 F.2d 439 · Court of Appeals for the Sixth Circuit · May 3, 1968

United States, 362 U.S. 257, 261 , 80 S.Ct. 725 , 4 L.Ed.2d 697 (1960): “In order to qualify as a ‘person aggrieved by an unlawful search and seizure’ one must have been a victim of a search or seizure, one against whom the … not elected to do so or to pursue an election once made. * * * Indeed, we perceive no reason why, even if an aggrieved person has secured suppression to which he is entitled, the evidence should be forever clothed with immunity

Abdul Baaghil v. Stephen Miller

1 F.4th 427 · Court of Appeals for the Sixth Circuit · Jun 14, 2021

The consular official must refrain from issuing the visa if the official “knows or has reason to believe” that the applicant does not qualify. Id. § 1201(g). … than a century,” the Court recently pointed out, it “has recognized that the admission and exclusion of foreign nationals is a fundamental sovereign attribute exercised by the Government’s political departments largely immune

Manhattan Co. v. City of Ironwood

74 F. 535 · Court of Appeals for the Sixth Circuit · May 12, 1896

This is cle'arly established by the case of McClure v. Township of Oxford, 94 U. S. 429 . … The old ordinances were expressly kept in force; until amended or repealed “by (he common council established by this act.”

Rosebush v. United States

119 F.3d 438 · Court of Appeals for the Sixth Circuit · Jul 16, 1997

, waive sovereign immunity for plaintiffs' claims, and, therefore, dismissed them. … in Service policies ... than a mistaken judgment in a matter clearly involving choices among political, economic and social factors."

Todd Penn v. Jason Bergtold

Court of Appeals for the Sixth Circuit · Mar 17, 2020

“A plaintiff bears the burden of showing that a defendant is not entitled to qualified immunity.” Id. (citation omitted). … To overcome a defendant’s assertion of qualified immunity, a plaintiff must demonstrate: “(1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established at the time of

William BAGSBY, Plaintiff-Appellant, v. CENTRAL STATES, SOUTHEAST & SOUTHWEST AREAS PENSION FUND, Defendant-Appellee

162 F.3d 424 · Court of Appeals for the Sixth Circuit · Dec 9, 1998

In 1982 and thereafter, the trustees established new pensions paying higher monthly benefits based exclusively on Contributory Service Credit, such as the 30-And-Out Pension sought by the plaintiff. … The Court will give due deference to the determinations of the Central States trustees at issue in this case because the Central States Plan clearly provides the trustees with discretionary authority.

Conner v. Hardee's Food Systems, Inc.

65 F. App'x 19 · Court of Appeals for the Sixth Circuit · Mar 6, 2003

The Checklist clearly states that “in order to become a franchisee, you must complete all the following” steps. … As discussed above, Plaintiffs admitted that Hardee’s limited their statements with a “to their knowledge” qualifier.

Judy 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.”

Lela Tompkins v. Crown Corr, Inc.

726 F.3d 830 · Court of Appeals for the Sixth Circuit · Aug 9, 2013

Accordingly, WCAA is immune from Plaintiff’s claim based on governmental immunity, and we affirm the judgment of the district court. 2. … To the extent that Plaintiff can show repairs, they were clearly within the scope of the original contract, and thus a continuation of the work. See Travelers Ins. Co. v.

Debra Smith v. Gallia County, Ohio Jail

Court of Appeals for the Sixth Circuit · Jan 11, 2022

The court declined to grant qualified immunity to Champlin and Johnson on both the federal and state-law claims, concluding that the immunity determination was premature at the motion to dismiss stage. … Champlin and Johnson argue on appeal that Smith did not state a claim for a substantive due process violation, and that even if she had, Champlin and Johnson were entitled to qualified immunity.

Lena v. Morvant, Etc. v. Construction Aggregates Corporation

570 F.2d 626 · Court of Appeals for the Sixth Circuit · Feb 13, 1978

The record clearly substantiates this contention. The difficulty with this argument is that it was never presented to the district court. … II Plaintiff qualified an expert in “economic projections” for the purpose of establishing the present value of the decedent’s projected earnings and from that, the pecuniary loss to the widow and children resulting from

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.

Joseph Carleton Hardesty v. Hamburg Township

461 F.3d 646 · Court of Appeals for the Sixth Circuit · Sep 1, 2006

The district court ruled that the state court decision regarding the legality of the search was not binding, the officers’ actions were constitutional, and that even if they were not constitutional, qualified immunity immunized … CONCLUSION The evidence taken in the light most favorable to Plaintiffs does not establish a constitutional violation. Therefore, all Defendants are entitled to judgment as a matter of law in their favor..

United States v. David Lee Oliver

397 F.3d 369 · Court of Appeals for the Sixth Circuit · Feb 2, 2005

We need not address whether Oliver’s testimony and that of his brother establishes a violation of Rule 41 or the Fourth Amendment. … There is no evidence in the record to suggest the district court clearly erred in finding Oliver’s testimony and that of his brother was noncredible.

Ada-Cascade Watch Co. v. Cascade Resource Recovery, Inc.

720 F.2d 897 · Court of Appeals for the Sixth Circuit · Nov 3, 1983

It therefore qualified for federal interim status, and could continue to construct without the RCRA permit. II. … These committees were established: To provide advice to the Governor and state agencies on environmental issues....

Kia Motors America, Inc. v. Glassman Oldsmobile Saab Hyundai, Inc.

706 F.3d 733 · Court of Appeals for the Sixth Circuit · Feb 7, 2013

To require Kia to comply with the 2010 Amendment would clearly require us to apply the Amendment retroactively because it would take away Kia’s previously unrestricted contractual right to establish a new dealer more than … Nov. 27, 2012) was whether a letter of intent qualifies as a dealer agreement, and the court never addressed a potential retroactivity issue. No. 12-1202 Kia Motors America v.

Ian Hoffman v. Tammy D. Harris, Colleen West, Melisa Hoffman, Commonwealth of Kentucky Cabinet for Human Resources

7 F.3d 233 · Court of Appeals for the Sixth Circuit · Sep 21, 1993

Selvaggio, 886 F.2d 826 (6th Cir.1989), we held that a social worker in an "investigatory" role receives only qualified immunity from § 1983 actions. … These clearly are the sort of actions that Sayler countenanced when granting absolute immunity in filing a child abuse petition.