Case law

4 Fair empl.prac.cas. 1070, 4 Empl. Prac. Dec. P 7921 Jo Carol Lafleur and Ann Elizabeth Nelson v. Cleveland Board of Education, the Women's Equity Action League (Weal) Amicus Curiae

465 F.2d 1184 · Court of Appeals for the Sixth Circuit · Jul 27, 1972

The Superintendent may require an additional physical examination. 7 "When a teacher qualifies to return from maternity leave, she shall have priority in reassignment to a vacancy for which she is qualified under her certificate … Additionally, as we have observed, the rule is clearly arbitrary and unreasonable in its overbreadth. As the Supreme Court said in Wieman v.

United States v. Protsman

74 F. App'x 529 · Court of Appeals for the Sixth Circuit · Aug 26, 2003

The Supreme Court has established that a noncustodial interrogation will not require Miranda warnings simply because the interrogation took place in a “coercive environment.” Oregon v. … Schubert, 205 F.3d 303 (6th Cir.2000), we upheld a district court's decision to deny qualified immunity to a police officer because a reasonable jury could have found that the officer’s actions amounted to an arrest of the

United States v. Jean Toviave

761 F.3d 623 · Court of Appeals for the Sixth Circuit · Aug 4, 2014

On the one hand a parent or guardian can commit forced labor, and is not immunized by that status. … Clearly the wife’s purpose was not peaceful; it was to harm (or at least aggravate) the lover. Bond, 134 S. Ct. at 2088.

United States v. Demetrius Wynn

365 F.3d 546 · Court of Appeals for the Sixth Circuit · Apr 23, 2004

Wynn claims that his sawed-off shotgun does not qualify as such a device. … Sentencing Guidelines § 2K2.1 establishes the sentencing range for Wynn’s convictions. Wynn had two prior felony convictions for crimes of violence, which caused his Base Offense Level to be set at 26.

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.

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.

Simmons-Harris v. Zelman

234 F.3d 945 · Court of Appeals for the Sixth Circuit · Dec 11, 2000

qualify the aid as constitutional.” 530 U.S. 793 , 120 S.Ct at 2557-58. … However, even a cursory reading of the majority opinion clearly indicates that it is the dissent and its rhetoric which should not be taken seriously.

Josie Jaimes v. Toledo Metropolitan Housing Authority

758 F.2d 1086 · Court of Appeals for the Sixth Circuit · Jun 24, 1985

The individual must locate the unit and must qualify for the program to receive the assistance. A different form of Sec-8 housing is "New Construction Housing." … The Secretary is clearly empowered to "withhold funds or defer action in the name of desegregation," 114 Cong.Record 2527-28 (1968), and Title VIII admittedly places fewer administrative and statutory constraints upon his

Tate v. Boeing Helicopters

55 F.3d 1150 · Court of Appeals for the Sixth Circuit · Jun 2, 1995

The district court granted summary judgment for the defendants based on the government contractor defense established in Boyle v. … Id. at 503 , 108 S.Ct. at 2513-14 . 9 The Boyle Court held that, under certain circumstances, government contractors are immune from state tort liability for design defects in military equipment.

United States v. Jeremy Duval

742 F.3d 246 · Court of Appeals for the Sixth Circuit · Feb 7, 2014

Carpenter, 360 F.3d 591, 596 (6th Cir. 2004) (en banc) (“[T]his court has recognized that material omissions [from an affidavit] are not immune from inquiry under Franks.”) … Franks hearing was to decide whether “the affidavits used to secure the search warrants contain false statements or material omissions that were inserted or omitted with intentional or reckless disregard for the truth to establish

State Engineer, of the State of Nevada Water Commissioners, of the Sixth Judicial District Court v. South Fork Band of the Te-Moak Tribe of Western Sho-Shone Indians of Nevada Marvin McDade in His Capacity as Chairman of the South Fork Band Council, and United States of America, as Trustee for the South Fork Band of the Te-Moak Tribe of Western Shoshone Indians of Nevada, State Engineer, of the State of Nevada Water Commissioners, of the Sixth Judicial District Court, Pershing County Water Conservation District, Petitioner-Intervenor-Appellee v. South Fork Band of the Te-Moak Tribe of Western Shoshone Indians of Nevada Marvin McDade in His Capacity as Chairman of the South Fork Band Council, United States of America, as Trustee for the South Fork Band of the Te-Moak Tribe of Western Shoshone Indians of Nevada, State Engineer, of the State of Nevada Water Commissioners, of the Sixth Judicial District Court, Pershing County Water Conservation District, Petitioner-Intervenor-Appellee v. South Fork Band of the Te-Moak Tribe of Western Shoshone Indians of Nevada Marvin McDade in His Capacity as Chairman of the South Fork Band Council, and United States of America, as Trustee for the South Fork Band of the Te-Moak Tribe of Western Shoshone Indians of Nevada, State Engineer, of the State of Nevada Water Commissioners, of the Sixth Judicial District Court, and Pershing County Water Conservation District, Petitioner-Intervenor v. South Fork Band of the Te-Moak Tribe of Western Shoshone Indians of Nevada Marvin McDade in His Capacity as Chairman of the South Fork Band Council United States of America, as Trustee for the South Fork Band of the Te-Moak Tribe of Western Shoshone Indians of Nevada

339 F.3d 804 · Court of Appeals for the Sixth Circuit · Jul 28, 2003

V 24 Notwithstanding this well-established principle, the federal government argues that Colorado River Water Conservation District v. … States as a current owner of water rights — "Consent is hereby given ... where it appears that the United States is the owner of ... water rights," 43 U.S.C. § 666 (a) (emphasis added) — manifest the requisite intent no less clearly

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.

Bonner-Turner Ex Rel. Estate of Turner v. City of Ecorse

627 F. App'x 400 · Court of Appeals for the Sixth Circuit · Sep 14, 2015

Qualified immunity is an affirmative defense that shields government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … For purposes of qualified immunity, defendants do not dispute that Turner’s constitutional right to be free from excessive force is clearly established.

Chancellor ex rel. Chancellor v. United States

1 F.3d 438 · Court of Appeals for the Sixth Circuit · Aug 2, 1993

As a preliminary matter, we observe that the FTCA waives the Government’s immunity to suit only for personal injuries caused by government employees acting within the scope of their employment. 28 U.S.C. § 1346 (b). … Therefore, the United States clearly falls within the definition of “owner” under state law, as does its employee Sergeant Dunlap. (Pis’ Brief at 10).

United States v. Lalonde

509 F.3d 750 · Court of Appeals for the Sixth Circuit · Dec 12, 2007

In particular, the court found that: (1) Lalonde qualified for a two-level enhancement, pursuant to U.S.S.G. § 2F1.1, because the crime was a scheme to defraud more than one person; (2) Lalonde qualified for a further two-level … These undisputed facts clearly show that Lalonde was involved in the scheme to defraud Wright Gaming.

Larry Nevers v. George Killinger, Warden of Fmc Fort Worth, Forth Worth, Texas, Kenneth McGinnis Michigan Department of Corrections

169 F.3d 352 · Court of Appeals for the Sixth Circuit · Mar 1, 1999

Clearly Established Supreme Court Precedent? … that was contrary to clearly established law.

34 Fair empl.prac.cas. 1581, 34 Empl. Prac. Dec. P 34,421 Anne Geisler v. Frank Folsom, Jr., Personally and in His Official Capacity Dwight Kessel, William C. Tallent, in Their Official Capacity County of Knox

735 F.2d 991 · Court of Appeals for the Sixth Circuit · Jul 3, 1984

However plaintiff failed to establish any adverse impact on her employment other than bad relations between her and Folsom. The finding that plaintiff was paid more than West is not clearly erroneous. … This finding is clearly erroneous.

Frank C. Pasternak Judith Pasternak (92-1681/1682) Anthony J. Cutaia Diane Cutaia David G. Koehlinger (92-1681) v. Commissioner of Internal Revenue

990 F.2d 893 · Court of Appeals for the Sixth Circuit · Jun 7, 1993

The Tax Court’s findings of fact on this issue are reviewed under a clearly erroneous standard. Id.; Roth Steel Tube Co. v. … As discussed above, this determination is not clearly erroneous.

Jeffrey Scott Passon v. F.D. Lockhart R. Sweitzer, Lt. Greg Dehart B. Brand Mark Stephenson

7 F.3d 234 · Court of Appeals for the Sixth Circuit · Oct 4, 1993

Qualified immunity is an affirmative defense that shields governmental officials from personal liability unless their actions violate "clearly established statutory or constitutional rights which a reasonable person would … Whether the force used by the defendants to execute the search warrant was excessive, and thus violative of "clearly established law," turns upon whether their actions were objectively reasonable under the circumstances.

Akron Board of Education and Conrad C. Ott v. State Board of Education of Ohio

490 F.2d 1285 · Court of Appeals for the Sixth Circuit · Jan 15, 1974

Such a suit would require great expense and effort on the part of the plaintiffs to defend and would or might result in an order causing a complete alteration of attendance areas historically established without regard to … Ott clearly is a “person” within the meaning of 42 U.S.C. § 1983 and 28 U.S.C. § 1343 (1970), as, of course, are the members of the Board of Education who on motion on remand may be permitted to be added as plaintiffs. 2