Case law

United States v. Escobar

106 F. App'x 446 · Court of Appeals for the Sixth Circuit · Sep 1, 2004

U.S.S.G. § 2Dl.l(c)(3) (mandating, among other things, that involvement with between 3,000 and 10,000 kilograms of marijuana establishes a base offense level of 34). … A district court abuses its discretion when it relies on clearly erroneous findings of fact, or when it improperly applies the law or uses [an] erroneous legal standard.” Romstadt v. Allstate Ins.

St. Clair Marine Salvage, Inc. v. Michael Bulgarelli

796 F.3d 569 · Court of Appeals for the Sixth Circuit · Jul 22, 2015

Although Ortiz was a case in which summary judgment had been sought and denied on qualified immunity grounds, the Court’s holding is not limited to such cases. … The district court was not clearly erroneous in its factual findings.

Parker v. Metropolitan Life Insurance

121 F.3d 1006 · Court of Appeals for the Sixth Circuit · Aug 1, 1997

. §§ 12111-12117 , because only a “qualified individual with a disability” may obtain relief under Title I and Parker was not a “qualified individual with a disability” when her benefits were terminated because her disorder … The court further noted that “[b]y including ‘travel service’ among the list of services considered ‘public accommodations,’ Congress clearly contemplated that ‘service establishments’ include providers of services which

National Labor Relations Board v. Construction and General Laborers' Union Local No. 534, Laborers' International Union of North America, Afl-Cio, Clc

778 F.2d 284 · Court of Appeals for the Sixth Circuit · Dec 11, 1985

The remaining sections establish the manner in which the Union shall refer workers. Section 7 establishes a plan for registering and ranking available workers. … Furthermore, the evidence clearly demonstrated that the “advice” was received after the fact, and thus could not have been a basis for the Union’s action. 10 .

Roger D. Monroe v. The Standard Oil Company

613 F.2d 641 · Court of Appeals for the Sixth Circuit · Apr 15, 1980

In establishing their existence, incidents or advantages of employment must be ascertained by reference to employment rules or employer practices at the employer’s business establishment. … The legislative history clearly states that section 2021(b)(3) is aimed at combatting discriminatory practices of employers.

Opdyke Investment Company v. City of Detroit

883 F.2d 1265 · Court of Appeals for the Sixth Circuit · Aug 25, 1989

Local Government Antitrust Immunity: The Boulder Decision: Hearings Before the Senate Committee on the Judiciary, 97th Cong., 2d Sess. 1 (1982) (statement of Sen. Thurmond). … Opdyke had ample opportunity to respond to the city's summary judgment motion by affidavit or otherwise (see Rule 56(e), Fed.R.Civ.P.), and the district court clearly conducted the type of hearing contemplated by Rule 56(

Christopher Cooper v. City of Columbus

Court of Appeals for the Sixth Circuit · Feb 1, 2023

That notwithstanding, we have said many times over that “[w]hen federal qualified immunity and Ohio state-law immunity under § 2744.03(A)(6) rest on the same questions of material fact, we may review the state-law immunity … defense through the lens of the federal qualified immunity analysis.”

William Grise v. Ronald Allen

714 F. App'x 489 · Court of Appeals for the Sixth Circuit · Oct 26, 2017

Even where the constitutionality of police conduct is in some doubt, an officer is still entitled to qualified immunity absent a showing that such conduct “violate[d] clearly established statutory or constitutional rights … Accordingly, Deputy Allen is entitled to qualified immunity on the alternative ground that, whatever transgression he may have committed, it was not a violation of clearly established law. Mrs.

Bilali v. Gonzales

502 F.3d 470 · Court of Appeals for the Sixth Circuit · Sep 18, 2007

The petition must further “be accompanied by ... documentation establishing that the marriage was not entered into in order to evade the immigration laws of the United States.” 8 C.F.R. § 216.4 (a)(5). … Officer DeFluri said that when Tomovski called later the same day, she told him “that she and Emin had never actually lived together and that she had been coerced into entering the marriage by threat of force [and] clearly

Whiteside v. Southern Bus Lines, Inc.

177 F.2d 949 · Court of Appeals for the Sixth Circuit · Nov 23, 1949

If it does, the appellee was not immune from liability for ejecting the appellant from the vehicle when she refused to change her seat. The basic facts are not in dispute. … But if state action is a prerequisite to the invalidity of the regulation here considered as it was applied to the appellant, state action is clearly to be perceived in the ej ection of the appellant by a state police officer

Glenn Whiting v. City of Athens, Tenn.

Court of Appeals for the Sixth Circuit · Mar 13, 2026

“[N]ot all allegations of emotional injury are sufficient to establish First Amendment retaliation.” Wurzelbacher v. Jones-Kelley, 675 F.3d 580, 584 (6th Cir. 2012). … Federal legislative immunity, which we have held is essentially the same as immunity under the Speech or Debate Clause, U.S. Const. art. I, § 6, cl. 1, is a defense to federal constitutional claims. See Kent v.

Betty D. McCall v. United States

901 F.2d 548 · Court of Appeals for the Sixth Circuit · Apr 27, 1990

The court held that the suit was barred by the military medical malpractice immunity statute. … McCall’s initial injury was clearly suffered in the performance of her duties. The alleged malpractice injury was closely related to the initial injury.

Board of Trustees of the Ohio Carpenters' Pension Fund Ex Rel. Ohio Carpenters' Pension Fund v. Bucci (In Re Bucci)

493 F.3d 635 · Court of Appeals for the Sixth Circuit · Jul 3, 2007

Neither the bankruptcy court nor the district court below addressed the issue of whether the employer contributions qualified as ERISA plan assets. … Traditionally, the “proper rule, developed by caselaw, is that unpaid employer contributions are not assets of a fund unless the agreement between the fund and the employer specifically and clearly declares otherwise.”

Ron Klosowski v. City of Bay City

696 F. App'x 707 · Court of Appeals for the Sixth Circuit · Jun 21, 2017

For the reasons that follow, we hold that Ledesma is not entitled to qualified immunity because he violated clearly established law. a. … Clearly Established Right The next step in analyzing Klosowski’s § 1983 claim is whether the above constitutional right was clearly established when Ledesma violated it.

United States v. 2,847.58 Acres of Land, More or Less, Situated in Bath, Counties, Commonwealth of Kentucky (Ernest F. Brackmier)

529 F.2d 682 · Court of Appeals for the Sixth Circuit · Jan 13, 1976

But he agreed to decide the validity issue and stated clearly the issue of law which the court was required to determine. … The testimony of Ernest Brackmier clearly supported a finding of such production. He was called as a witness by the government.

Robert Davis, Cross-Appellee v. Ed Yovella, Chief Anthony Bowman William T. Snyder, Chancellor University of Tennessee Robert Wyrick Burl Harris

110 F.3d 63 · Court of Appeals for the Sixth Circuit · Apr 2, 1997

On appeal, Bowman asserts that he is entitled to qualified immunity from liability in his individual capacity because his actions did not violate a clearly established right or rights of which a reasonable person would have … Further, in determining whether Bowman is entitled to qualified immunity, this court must ascertain whether, objectively viewed, Bowman, as a public official, would have believed that his acts violated clearly established

Michigan State Chamber Of Commerce v. Austin

788 F.2d 1178 · Court of Appeals for the Sixth Circuit · Apr 21, 1986

A ballot question committee to support this proposal had been established. … There was clearly a "credible threat of prosecution." 42 The fact that the Citizens Lobby proposal did not "make the cut" in 1984 did not doom this action.

Jeanetta Nailon v. Univ. of Cincinnati

Court of Appeals for the Sixth Circuit · Nov 9, 2017

Qualified Immunity The doctrine of qualified immunity generally protects government officials performing discretionary functions “from liability for civil damages insofar as their conduct does not violate clearly … Clearly Established Law Under the second prong of the qualified immunity test, Nailon must show that her first Amendment rights in this setting were clearly established at the time of her termination.

42 Fair empl.prac.cas. 1133, 42 Empl. Prac. Dec. P 36,803 Curtis L. Wrenn, Cross-Appellee v. Sylvester M. Gould, Jr., Individually and as President, Cordelia Martin Health Center Neighborhood Health Association of Toledo, Inc., D/B/A Cordelia Martin Health Center, Cross-Appellants

808 F.2d 493 · Court of Appeals for the Sixth Circuit · Jan 9, 1987

Wrenn claims, however, that the manifest weight of the evidence established that Hill was hired as a mere pretext to avoid hiring him and that he was the only qualified candidate for the position. 53 It may be worthwhile … Hill qualified. Yet, Wrenn claims that on the strength of the advertisement which listed two "required qualifications," he was the only qualified applicant.

United States v. McGrattan

Court of Appeals for the Sixth Circuit · Oct 10, 2007

Under that definition, “nudity” clearly covers representations which include the breast or buttocks, but which do not focus on or even include the genitals or pubic area. … Because it was intended only to establish probable cause for the search, it does not necessarily describe the conduct for which McGrattan was convicted.