Case law

Markva v. Haveman

317 F.3d 547 · Court of Appeals for the Sixth Circuit · Jan 27, 2003

"Medically needy" individuals qualify for Medicaid by showing that their "countable income" minus their medical expenses falls below the applicable income limit, called the "protected income level." … L.Ed.2d 265 (1986). 14 To prevail on a claim brought under 42 U.S.C. § 1983 , the plaintiffs must prove that the defendants acted "under color of law" and that the defendants' conduct deprived them of a right, privilege or immunity

Gregory Thompson v. Ricky Bell, Warden

315 F.3d 566 · Court of Appeals for the Sixth Circuit · Jan 9, 2003

In contrast, the defendant in Doan had a clearly established Sixth Amendment right to a fair and impartial jury. … contrary to, or involved an unreasonable application of, clearly established Federal law,'" thus entitling Williams to habeas relief.

Dressman v. Costle

759 F.2d 548 · Court of Appeals for the Sixth Circuit · Apr 17, 1985

Kentucky was one of the states that qualified and applied for more time to attain the reduction of ozone. … In Garcia, the Court, recognizing that "the attempt to draw the boundaries of state regulatory immunity in terms of 'traditional governmental function' is not only unworkable but inconsistent with established principles of

Gregory A. Johnson, Administrator of the Estate of Robert Earl Johnson v. Bobby Lewis Bunch, Warren County Jailer Jesse Miller, Deputy Jailer William H. Lasley and James Sweat

46 F.3d 1131 · Court of Appeals for the Sixth Circuit · Feb 2, 1995

The question on appeal concerns the district court's ruling that some of the officials named as defendants were not entitled to qualified immunity. … He likewise found that the county officials were protected by qualified immunity, leaving only Dr. Larson as potentially liable.

A.C. Ex Rel. J.C. v. Shelby County Board of Education

711 F.3d 687 · Court of Appeals for the Sixth Circuit · Apr 1, 2013

Code Ann. § 37-1-403, and clothes them with immunity for all good-faith reports, id. § 37-1-410(a)(5)(A). To strengthen that immunity, the statute presumes that all reports are made in good faith. … The state statute was clearly created precisely for situations such as this and clearly would apply were this a challenge based in state law.

Hazel Carlson and Grace Harber v. C. & C. Coal Company, and Asher Coal Mining Company

218 F.2d 384 · Court of Appeals for the Sixth Circuit · Dec 7, 1954

Betty Hoskins, acquired title to the property, but correctly held that such title as she may have so acquired is not immune from divestiture by adverse possession of a subsequent occupant under color of title for the statutory … Bedford, 290 Ky. 647, 649 , 162 S.W.2d 198 ; And it appearing that the District Court found from conflicting evidence that “It is established by preponderance of the evidence that continuously, for more than 15 years next

United States v. Graham

622 F.3d 445 · Court of Appeals for the Sixth Circuit · Sep 21, 2010

However, whether a “prior conviction” stemming from a juvenile action, treated as adult for prosecution and sentencing purposes under state law, that qualifies as a “felony drug offense” under the § 802(44) definition qualifies … Graham was clearly prosecuted as an adult, he pleaded guilty, and he was “convicted” of a felony drug offense under Ohio law.

United States v. Abdullahi Farah

766 F.3d 599 · Court of Appeals for the Sixth Circuit · Sep 11, 2014

Farah was granted transactional immunity and testified before the grand jury on three separate occasions. … Farah clearly declined to testify concerning the Somali Outlaws’ sex trafficking of minors in the Adan case in April of 2012.

Linda M. Kocsis v. Multi-Care Management, Inc., D/B/A Bath Manor Special Care Centre

97 F.3d 876 · Court of Appeals for the Sixth Circuit · Oct 15, 1996

The court reasoned that Kocsis could not establish a prima facie case in that regard, because she admitted in her deposition that she did not have a “Train the Trainer” certificate and, thus, was not qualified for the position … as part of her prima facie case that she was a “qualified individual with a disability” at the time of the discriminatory act. 13 To show that she had a “disability,” Koesis must establish that she had an impairment that

Seata Stephens v. City of Akron

419 F. App'x 586 · Court of Appeals for the Sixth Circuit · Apr 8, 2011

We review a district court’s denial of summary judgment on the grounds of qualified immunity de novo. Bishop v. Hackel, – F.3d —, 2011 WL 291951, at *5 (6th Cir. Feb. 1, 2011). … We only have jurisdiction to consider an appeal from a denial of qualified immunity if the defendant does not dispute the facts alleged by the plaintiff. See, e.g., id.; Everson v.

D.O. v. Vickie Glisson

847 F.3d 374 · Court of Appeals for the Sixth Circuit · Jan 27, 2017

. § 1983 imposes liability on anyone who, acting under color of state law, deprives a person “of any rights, privileges, or immunities secured by the Constitution and laws.” … Second, the Act confers a monetary entitlement upon qualified foster families and includes an itemized list of expenses that the state must cover. 42 U.S.C. § 675(4)(A).

B & B Trucking, Inc. v. United States Postal Service

406 F.3d 766 · Court of Appeals for the Sixth Circuit · Apr 28, 2005

The United States Postal Service is an agency of the United States and thus enjoys sovereign immunity, except to the extent that it is waived. … The alleged right to protect property from being entered and used, which is asserted by the truckers here, is clearly not based on any contract.

Davis v. Straub

Court of Appeals for the Sixth Circuit · Apr 21, 2006

This means that to determine what constitutes “clearly established” law, we look to the law established by Supreme Court holdings, and not its dicta. Lakin v. Stine, 431 F.3d 959 (6th Cir. 2005) (citing Ruimveld v. … An explicit statement from the Supreme Court is not necessary; rather, “the legal principles and standards flowing from [Supreme Court] precedent” also qualify as “clearly established law.”

Jeremy Parvin v. David Campbell

641 F. App'x 446 · Court of Appeals for the Sixth Circuit · Jan 8, 2016

Campbell filed a motion for summary judgment based on qualified immunity. … On May 6, 2015, the district court entered its order granting Campbell’s motion for summary judgment and dismissed Parvin’s claim on qualified immunity grounds.

Latimer v. Burt

98 F. App'x 427 · Court of Appeals for the Sixth Circuit · May 14, 2004

“[A] federal habeas court may not issue the writ simply because that court concludes in its independent judgment that the relevant state-court decision applied clearly established federal law erroneously or incorrectly. … [Latimer] has not shown that prohibiting such a speculative question violated clearly established federal law, since the Supreme Court cases he relies on all involved present, existing impetuses for helping the prosecution

Ohio Periodical Distributors, Inc. v. Commissioner

105 F.3d 322 · Court of Appeals for the Sixth Circuit · Jan 29, 1997

Commissioner’s particular view of clearly reflected income. … the gross receipts attributable to its qualified sales.

Markham v. Smith

10 F. App'x 323 · Court of Appeals for the Sixth Circuit · May 8, 2001

AEDPA Under AEDPA, a writ of habeas corpus should be granted only where state court adjudication: 1) “resulted in a decision that was contrary to, or involved in unreasonable application of, clearly established Federal law … And, to the extent that we apply 28 U.S.C. § 2254 (d) to his Sixth Amendment claim, Markham’s claim fails because there is no clearly established Supreme Court law in his favor.

United States v. Ronald Harris

16 F.3d 1222 · Court of Appeals for the Sixth Circuit · Feb 15, 1994

A clearly erroneous standard of review also applies to the district court's resolution of conflicts in testimony. Dennis, 701 F.2d at 598 ; Brown, 557 F.2d at 547 . … 15.07, stating: 27 If it appears from the evidence in a case that a confession, statement, or admission of the defendant, Ronald Harris, would not have been made, but for some threat of harm or some offer or promise of immunity

Taylor v. United States

2 F. App'x 485 · Court of Appeals for the Sixth Circuit · Jan 31, 2001

This claim was not clearly presented to the district court, and we need not consider it for the first time on appeal. See Foster v. Barilow, 6 F.3d 405, 407 (6th Cir.1993). … The Flemmi court held that FBI agents were not authorized to make a promise of immunity on behalf of the government. Id. at 85-91 .

O'Bryan v. Holy See

556 F.3d 361 · Court of Appeals for the Sixth Circuit · Feb 10, 2009

Pechiney Ugine Kuhlmann, 853 F.2d 445 (6th Cir. 1988) (agreeing with the district court’s determination that the corporation in question could qualify for foreign sovereign immunity status because the majority owner of the … “The party claiming FSIA immunity bears the initial burden of proof of establishing a prima facie case that it satisfies the FSIA’s definition of a foreign state; once this prima facie case is established, the burden of production