Case law

Philip Berryman v. Dean Regiler, C. Kukla, and Diane Holzhuer

47 F.3d 1167 · Court of Appeals for the Sixth Circuit · Jan 26, 1995

immunity. … The defendants did not raise their qualified immunity defense in their motion below.

Vincent v. Brewer Company

Court of Appeals for the Sixth Circuit · Dec 19, 2007

The district court held that Vincent could not establish a prima facie case of gender discrimination because she could not show that she was as qualified for her position as her male replacement. … This quoted language does not clearly refer to the prima facie case, and even if it did so, the language was not necessary to the actual holdings in Suggs.

Fairport International Exploration, Inc. v. Shipwrecked Vessel

177 F.3d 491 · Court of Appeals for the Sixth Circuit · May 13, 1999

We agree that lapse of time, alone, does not necessarily establish abandonment, see e.g., Wilkie, 29 F. … The district courts rejected the admiralty standard only because they applied a burden of proof appropriate for assertions of sovereign immunity.

Estate of Nicholas E. McMain v. City of Hartford, Ky.

Court of Appeals for the Sixth Circuit · Jul 21, 2023

Qualified-Immunity Standard All individual defendants assert that they are entitled to qualified immunity. … Because that right was clearly established at the time of McMain’s death, we next consider whether the defendants’ conduct violated McMain’s Eighth Amendment rights. C.

United States v. Seizure Warrant

204 F.3d 658 · Court of Appeals for the Sixth Circuit · Feb 25, 2000

Cook, Jr. and based on qualified immunity is considered a final, appealable Patrick J. … Indeed, as the Second and Seventh misapplies the correct legal standard, or relies upon clearly

Alma Delia Reyes Galeana v. Merrick B. Garland

94 F.4th 555 · Court of Appeals for the Sixth Circuit · Mar 4, 2024

Equally true, it matters little that others would “clearly identif[y]” Reyes Galeana herself as a business owner. The social distinction inquiry is more wholistic. … class membership is established.

United States of America, Ex Rel. Maxine Jones v. Horizon Healthcare Corporation

160 F.3d 326 · Court of Appeals for the Sixth Circuit · Jan 11, 1999

However, because federal courts are courts of limited jurisdiction, the plaintiff bears the burden of establishing jurisdiction. Id. III. … Clearly, the complaint claims that the false forms were deliberately prepared or allowed to remain in a false version, presumably to be submitted to the government.

Madyum v. Campbell

914 F.2d 257 · Court of Appeals for the Sixth Circuit · Sep 13, 1990

The doctrine of qualified immunity protects government officials from liability unless the conduct complained of violates clearly established statutory or constitutional rights. Harlow v. … Government officials engaged in the performance of discretionary functions are accorded qualified immunity from suit for money damages so long as their conduct "does not violate clearly established statutory or constitutional

Wagenknecht v. United States

509 F.3d 729 · Court of Appeals for the Sixth Circuit · Dec 6, 2007

A judge who acts in excess of his jurisdiction is immune from suit, whereas a judge who acts in a clear absence of any jurisdiction might not be immune from suit. See Stump, 435 U.S. at 355-57 , 98 S.Ct. 1099 . … Therefore, judicial immunity bars Wagenknecht's arguments.

Blackard v. Memphis Area Medical Center for Women, Inc.

262 F.3d 568 · Court of Appeals for the Sixth Circuit · Aug 24, 2001

The district court’s finding that the Tennessee juvenile courts were in active concert with the ADC was not clearly erroneous. … (h) The administrative director of the courts shall establish criteria, develop procedures and implement a Tennessee court information system (TnCIS).

Hamby v. Neel

368 F.3d 549 · Court of Appeals for the Sixth Circuit · May 17, 2004

The TennCare Bureau later sent Ooten written notice, dated July 23, 1998, which provided in part: 33 THIS IS WHO IN YOUR FAMILY DOES NOT QUALIFY AND WHY WE THINK THEY DO NOT QUALIFY: Betty S. … Since Medicaid is a program established by Title XIX of the Social Security Act, 42 U.S.C. § 1396 , et seq., we find that Plaintiffs likewise have a property interest in the TennCare coverage for which they hope to qualify

James Washington v. Paul Renico, Warden

455 F.3d 722 · Court of Appeals for the Sixth Circuit · Jul 27, 2006

The district court may grant Washington’s petition only if the state court’s decision was (1) “contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of … The defense also (rather unsuccessfully) attempted to establish that Cor-coran had a reputation for not being truthful.

DaShuna Richards v. City of Jackson, Mich.

Court of Appeals for the Sixth Circuit · Sep 17, 2019

Unreasonable Seizure In determining whether the district court erred in denying Peters qualified immunity for shooting Kane, we begin with the question of whether the right at issue was clearly established on November … Because the right was clearly established in 2013, it was also clearly established when Peters shot Kane on November 28, 2014.

Comshare, Inc. v. United States

27 F.3d 1142 · Court of Appeals for the Sixth Circuit · Jun 27, 1994

(Under the applicable tax law, only investments in tangible property could qualify for the favorable tax treatment; investments in intangibles did not qualify.) … Congress may not have realized, in 1962, what an enormous potential for improved efficiency lay in the new kinds of equipment and technologies the Revenue Act was designed to encourage, but it was clearly hoped that the economy

United States v. Michael D. Johnson

488 F.3d 690 · Court of Appeals for the Sixth Circuit · May 25, 2007

Once she had been arrested the search, incident to that arrest, which *697 produced the drugs and money was clearly justified. Id. at 42-43 , 96 S.Ct. 2406 . … The government therefore established that Dews was qualified by his experience to interpret the street conduct he observed for the fact finders. See United States v.

Jason Babb, a Minor, Through His Parents and Next Friends, Joe and Sharon Babb v. Knox County School System

965 F.2d 104 · Court of Appeals for the Sixth Circuit · May 29, 1992

The hearing officer made very few findings of fact and concluded that the Babbs had *106 the burden of establishing the amount of reimbursement for educational expenses. … The Babbs argue that (1) the district court erred by not determining that Jason was clearly emotionally handicapped and qualified for special services under the Act, (2) the Babbs complied with the administrative exhaustion

Don Cartage Company v. United States of America. United States of America v. Don Cartage Company

289 F.2d 623 · Court of Appeals for the Sixth Circuit · Apr 24, 1961

In our view, the proper construction of the written instruments clearly indicates that the Don Cartage Company agreed to transport the X-ray unit from Chicago to Pennsylvania. … Under the rule of sovereign immunity, the government was not subject to costs; and the partial waiver of such immunity by virtue of the statute above referred to, is not here applicable.

12 Fair empl.prac.cas. 451, 11 Empl. Prac. Dec. P 10,741 John Senter, Cross-Appellee v. General Motors Corporation, Cross-Appellant

532 F.2d 511 · Court of Appeals for the Sixth Circuit · Mar 1, 1976

This fact clearly distinguishes this case from Heard v. Mueller, 464 F.2d 190 (6th Cir. 1972). … The following excerpts from the amended complaint clearly indicate the class nature of the action: II.

Caldwell v. Enyeart

72 F.3d 129 · Court of Appeals for the Sixth Circuit · Dec 8, 1995

"There are several well established rules of construction of indemnity contracts." Chrysler Corp. v. Brencal Contractors, Inc., 381 N.W.2d 814, 817 (Mich.Ct.App.1985). … Sec. 691.1407 states in relevant part: Governmental immunity from tort liability 26 Sec. 7. (1) Except as otherwise provided in this act, all governmental agencies 7 shall be immune from tort liability in all cases wherein

Penny/Ohlmann/Nieman v. Miami Valley Pension

Court of Appeals for the Sixth Circuit · Mar 4, 2005

On June 1, 1975, the Employer established the ESOP, for which MVP has provided record-keeping services since its inception. Lastly, effective July 1, 1985, the Employer established the Savings Plan. … A reviewing court would not have to determine if an ERISA- qualified plan had been violated, but rather simply if MVP failed to perform as it had represented.