Case law

Christopher Florio, Sharon Florio v. Gary Skorepa, the City of North Royalton

961 F.2d 1577 · Court of Appeals for the Sixth Circuit · May 12, 1992

The doctrine of qualified immunity provides that the public official cannot be sued individually unless the conduct in question violates a "clearly established statutory or constitutional right of which a reasonable person … This Court, in the decision of Guercio, held that First Amendment rights exist and are clearly established to an extent necessary to overcome a qualified immunity defense when the speech addresses a matter of public concern

Heuton v. Jefferson County Fiscal Court

47 F.3d 1169 · Court of Appeals for the Sixth Circuit · Jan 26, 1995

II. 8 Qualified immunity is an affirmative defense which shields government officials from civil liability insofar as their conduct does not violate clearly established statutory or constitutional rights that would have been … When the official's claim of qualified immunity turns on case law, this court must focus on whether, at the time of the official's acts, the right that the plaintiff asserts was clearly established by the decisions of the

McQueary v. Conway

614 F.3d 591 · Court of Appeals for the Sixth Circuit · Jul 29, 2010

Even a single dollar in nominal damages, the pinnacle of worthless relief, qualifies as a direct benefit. See Farrar, 506 U.S. at 112. … Conway Page 14 overbroad, he would still qualify as a prevailing party.

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.

Estate v. Ross

438 F.2d 230 · Court of Appeals for the Sixth Circuit · Feb 18, 1971

It has been clearly held in Howard v. Lyons, 360 U.S. 593, 594 , 79 S.Ct. 1331 , 3 L.Ed.2d 1454 (1959), the companion case to Barr v. … The statute grants legislative immunity to these government employees. Barr v. Matteo, supra, involved immunity granted by the courts to all government officials 2 Spalding v.

Leo LaPOINTE, Plaintiff-Appellant, v. UNITED AUTOWORKERS LOCAL 600, and Doug Thompson, Defendants-Appellees

8 F.3d 376 · Court of Appeals for the Sixth Circuit · Dec 9, 1993

Procter & Gamble Co., 932 F.2d 540, 548 (6th Cir.1991) (“To establish a prima facie case under Title VII, a plaintiff must show that he is within a protected class; subject to an adverse employment action; qualified for the … Though “[c]ase precedent clearly reflects that isolated and ambiguous statements ... are too abstract, in addition to being irrelevant and prejudicial, to support a finding of age discrimination,” Gagne v.

Nemir v. Mitsubishi Motor Sales of America, Inc.

6 F. App'x 266 · Court of Appeals for the Sixth Circuit · Mar 2, 2001

Horton was qualified to testify regarding the internal latching process of the seatbelt in question. … However, this statement is clearly contrary to the evidence before the district court.

Detroit Housing Commission v. Lewis

226 F.2d 180 · Court of Appeals for the Sixth Circuit · Oct 5, 1955

Sections 41 , 42 and 43. * We think the court is clearly right in its conclusion that the claimed discrimination by The Detroit Housing Commission against plaintiffs and members of their class on the basis of race and color … They have long been established in the adjudications of the Supreme Court and of the lower federal courts.

Union Planters Nat. Bank v. Henslee

166 F.2d 993 · Court of Appeals for the Sixth Circuit · Mar 15, 1948

authorities, is needed to support the proposition that upon such a motion all allegations of fact, properly pleaded in the complaint and its amendments, must be taken as true and the motion to dismiss must be denied unless it clearly … Each was a charitable institution qualified to take the bequests under the laws of Tennessee. On October 26, 1944, appellants filed their Federal Estate Tax return which was due four days earlier.

James L. Rose and Judy S. Rose v. Commissioner of Internal Revenue

868 F.2d 851 · Court of Appeals for the Sixth Circuit · Feb 27, 1989

The Commissioner disallowed the investment tax credits because the taxpayers had not established that the art masters qualified for investment credit and did not establish the basis of the art masters. … The tax court findings of fact on this issue shall not be overturned unless clearly erroneous. Roth Steel Tube Co. v. Commissioner, 800 F.2d 625, 629 (6th Cir.1986); Mahoney v.

Burl Hanshaw, Carolyn Johnson, Barbara Fannin, Kathy Boggs and Ernie Conn v. Board of Education of Carter County, Kentucky, a Corporate Entity, and Clifford Roe and Guy Underwood, Individually, and Dwayne Cross in His Official Capacity as Superintendent of the Carter County Schools

943 F.2d 51 · Court of Appeals for the Sixth Circuit · Oct 17, 1991

II 5 The appellants contend that the district court erred in denying them qualified immunity because it was not clearly established in June of 1989 that the board's actions violated the plaintiffs' constitutional rights. … An official is entitled to qualified immunity unless his conduct violated "clearly established statutory or constitutional rights...." Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982).

Charles C. Diggs, Jr. And Janet H. Diggs v. Commissioner of Internal Revenue

715 F.2d 245 · Court of Appeals for the Sixth Circuit · Aug 18, 1983

We do not interpret Regulation 1.162-2d to establish such a distinction. … The trade or business of a Congressman clearly includes the “representation of constituents.”

Daniel Francei Gumbol v. Immigration and Naturalization Service

815 F.2d 406 · Court of Appeals for the Sixth Circuit · Apr 2, 1987

opinion____ Consequently, the applicant does not appear qualified for asylum. … Thus, unlike the mandatory provisions of § 243(h), the granting of asylum remains discretionary even if the alien qualifies as a “refugee.”

George G. Ventura v. The Cincinnati Enquirer Gannett Company, Inc.

396 F.3d 784 · Court of Appeals for the Sixth Circuit · Mar 21, 2005

Because Ohio law clearly grants immunity from civil liability for disclosure of information in just such an instance as the matter before us, this court affirms the grant of summary judgment by the district court. … Additionally, when the Enquirer was served with grand jury subpoenas it asserted its Shield Law privilege and established a screening process designed to withhold materials identifying confidential sources.

Ruth Kitchen v. Chippewa Valley Schools Chippewa Valley School Board of Education George Depillo Thomas Scullen and Edward Skowneski

825 F.2d 1004 · Court of Appeals for the Sixth Circuit · Oct 16, 1987

The court concluded that Kitchen had failed to establish a prima facie case with respect to her promotion claim because the male hired for the assistant principal position was more qualified than she. … A district court’s “[findings of fact ... shall not be set aside unless clearly erroneous.” Fed.R.Civ.P. 52(a).

Leon Lippett v. Corizon Health, Inc.

Court of Appeals for the Sixth Circuit · Feb 2, 2022

Beth Carter—the district court denied qualified immunity to Adray. … established, Williams, 186 F.3d at 690.

Director, United States Bureau of Mines v. Princess Elkhorn Coal Company (Princess No. 2 Mine), (Federal Coal Mine Safety Board)

226 F.2d 570 · Court of Appeals for the Sixth Circuit · Oct 24, 1955

Moreover, the witnesses who testified as experts in the case were well qualified as such. … The matter presented for decision here falls clearly within the doctrine of expertness promulgated in opinions of the Supreme Court.

United States v. Thomas O'Lear

90 F.4th 519 · Court of Appeals for the Sixth Circuit · Jan 8, 2024

In the past, other defendants have likewise argued that groups such as “rural people” or nonvoters qualify as distinctive because they share “anti-government” or “anti-establishment” views. … When the district court applied these legal rules to the facts of O’Lear’s case, it did not clearly err by finding that the nursing-home residents qualified as victims. See Henderson, 2021 WL 3173261, at *5.

Bobbie M. Smith v. Tipton Cty. Bd. of Educ.

916 F.3d 548 · Court of Appeals for the Sixth Circuit · Feb 21, 2019

The Board has conceded that SNAP is a program “operated pursuant to the Food and Nutrition Act,” but denies that the National School Lunch Program qualifies as a SNAP benefit. … Thus, the plain meaning of the statutes clearly anticipates that SNAP benefits will take the form of an assignable dollar value to be used for retail food purchases to be prepared at home for home consumption.

Dr. Luel P. Overstreet v. Norden Laboratories, Inc.

669 F.2d 1286 · Court of Appeals for the Sixth Circuit · Feb 3, 1982

An incorrect representation by the seller which is qualified in any manner may become the basis of a bargain to the extent it is believed and relied upon. … Overstreet made conflicting statements concerning whether he would have used another product. 8 However, the resolution of factual disputes lies clearly within the province of the jury.