Case law

Boyd v. Bressler

18 F. App'x 360 · Court of Appeals for the Sixth Circuit · Sep 4, 2001

Based on its evaluation, the district court correctly held that Bressler’s alleged conduct did not qualify as outrageous. … Without a criminal act, Boyd does not qualify for a private right of action under § 2307.60. C.

Broz v. Commissioner

727 F.3d 621 · Court of Appeals for the Sixth Circuit · Aug 23, 2013

Accordingly, the notes did not establish genuine indebtedness. … The Tax Court did not clearly err in finding that the purported back-to-back loan arrangement, which ran from RFB to either Broz or Alpine Investments,5 and then on to Alpine PCS, did not establish bona fide indebtedness

Douglas Stewart v. O'Bell "Tom" Winn

967 F.3d 534 · Court of Appeals for the Sixth Circuit · Jul 27, 2020

Spencer’s claim fails because he has not identified a Supreme Court holding that clearly establishes his asserted legal rule. … Stewart’s reliance on these snippets to satisfy § 2254(d)(1)’s requirement of “clearly established” law has two problems.

600 Marshall Entertainment Concepts, LLC v. City of Memphis

705 F.3d 576 · Court of Appeals for the Sixth Circuit · Feb 1, 2013

In that case, it would qualify for grandfathering, and 600 Marshall would be entitled to present nude dancing. Additionally, 600 Marshall might be entitled to damages under its § 1983 claim. … CONCLUSION Because nude dancing does not qualify for grandfathering, and because 600 Marshall has not established a violation of its constitutional rights, we AFFIRM.

Pollett v. Rinker Materials

Court of Appeals for the Sixth Circuit · Feb 13, 2007

The parties agree that Plaintiff does not qualify under this primary definition. … The majority’s approach clearly contravenes this Circuit’s precedents.

Michael Michalski v. Benjamin Sonstrom

Court of Appeals for the Sixth Circuit · Jul 10, 2019

Thus, the question of excessive force is quintessentially one for a jury to decide, and Sonstrom was properly denied qualified immunity. See, e.g., Oliver v. Greene, 613 F. … Cates was also not entitled to qualified immunity. -4- Nos. 18-2169/2231, Michalski v. Sonstrom, et al.

Newsom v. Vanderbilt University

653 F.2d 1100 · Court of Appeals for the Sixth Circuit · Jul 17, 1981

HEW raises a claim to sovereign immunity. I. STATUTES AND REGULATIONS OVERVIEW 7 The Hill-Burton Act was enacted in 1946. … SOVEREIGN IMMUNITY 17 HEW claims plaintiffs cannot sue it because of the doctrine of sovereign immunity. The Supreme Court held in Larson v.

Cheryl Wallace v. Oakwood Hosp.

954 F.3d 879 · Court of Appeals for the Sixth Circuit · Mar 31, 2020

ERISA regulations establish an additional exception. … Neither Plaintiff nor Defendant contest that Plaintiff’s medical condition qualifies as a “Sickness” or “Injury” under these definitions.

Thomas Hill v. Cindi Curtin

792 F.3d 670 · Court of Appeals for the Sixth Circuit · Jul 9, 2015

In other words, the trial court’s denial of Hill’s motion was not at odds with clearly established law. … Nor did the Supreme Court announce any clearly established law on timeliness in Martinez .

Thatcher v. United States

212 F. 801 · Court of Appeals for the Sixth Circuit · Apr 17, 1914

Its general derogatory terms might be construed as only opinion; but, while this view would lead towards immunity for the author, it would also weaken his convincing force to the reader. … The implication that the judge had not applied the established rule, but some new and vicious rule of his own, átands without justification.

Woodruff v. Tomlin

616 F.2d 924 · Court of Appeals for the Sixth Circuit · Feb 21, 1980

Tennessee law gives the trial lawyer only a qualified privilege or immunity. Like the standard applicable to certain officials under federal law, see Butz v. … They are given a qualified privilege based on good faith.

Williams Ex Rel. Hart v. Paint Valley Local School District

400 F.3d 360 · Court of Appeals for the Sixth Circuit · Mar 9, 2005

Page 4 States . . . to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured. . . . … In order to prevail on his Section 1983 claim, Plaintiff must establish by a preponderance of the evidence each of the following: (1.)

Henry Harper v. Donal Campbell

943 F.2d 51 · Court of Appeals for the Sixth Circuit · Aug 23, 1991

This court has determined that a single recent case from another circuit is insufficient to demonstrate a "clearly established" right for qualified immunity purposes. Id. … However, if a district court can cite "binding precedent by the Supreme Court, its court of appeals, or itself," it can find a right to be clearly established and deny qualified immunity to the offending official.

C. Sue Schwamberger v. Marion Cnty. Bd. of Elections

988 F.3d 851 · Court of Appeals for the Sixth Circuit · Feb 17, 2021

Schwamberger’s position is filled by balancing political representation, which clearly falls under McCloud. Schwamberger’s contrary arguments are unconvincing. … Comm’n, 739 F.3d 914, 917-18 (6th Cir. 2014) (noting that the elements necessary to establish an equal protection claim under 42 U.S.C. § 1983, and to establish a violation of Title VII, are “the same”).

Sue Fritz v. Charter Township of Comstock

Court of Appeals for the Sixth Circuit · Jan 28, 2010

immunity. … Village of Michiana, 100 F.3d 457, 459-61 (6th Cir. 1996) (qualified immunity appeal in which journalist claimed retaliation based on her reporting of public meetings when village officials called her employer to urge the

Smith Wholesale Co. v. R.J. Reynolds Tobacco Co.

477 F.3d 854 · Court of Appeals for the Sixth Circuit · Feb 27, 2007

Page 10 discounts are immune from Robinson-Patman scrutiny. … The Shreve Court held that, under the circumstances, the plaintiff’s president clearly understood that the plaintiff would not receive the discount.

Lett v. Sahenk

174 F. App'x 921 · Court of Appeals for the Sixth Circuit · Apr 4, 2006

immunity for her actions. … Further, the court held that even if Lett had alleged such conduct, Sahenk would be entitled to qualified immunity for her actions because she did not violate “clearly established statutory or constitutional rights of which

Riverview Investments, Inc. v. Ottawa Community Improvement Corporation

769 F.2d 324 · Court of Appeals for the Sixth Circuit · Oct 9, 1985

The statutory language clearly makes issuing the bonds discretionary. … If there was such supervision, the decision was protected under state action immunity, otherwise not.

John Wysong v. City of Heath

377 F. App'x 466 · Court of Appeals for the Sixth Circuit · May 13, 2010

immunity. … may be asserted to establish nonliability: (6) . . . the employee is immune from liability unless one of the following applies: -9- No. 08-3319 Wysong v.

In Re Madeline Marie Nursing Homes. State of Ohio

694 F.2d 433 · Court of Appeals for the Sixth Circuit · Nov 29, 1982

No "prospective" fictitious audit can establish an 'actuality' between two persons. … The regulations in effect during the first half of 1976 set up two standards by which a state's plan could qualify under the Medicaid statute. Under 45 C.F.R.