Case law

David Miller v. Roland Colson

694 F.3d 691 · Court of Appeals for the Sixth Circuit · Sep 13, 2012

First, he alleges that Ake is not “clearly established Federal law” for purposes of this case. … Hence ... there was no rule ‘clearly established’ by holdings of the Supreme Court that would have applied .... ”); Tunstall 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.

Gerard Cotter v. Ajilon Services, Inc.

287 F.3d 593 · Court of Appeals for the Sixth Circuit · Apr 25, 2002

The ADA prohibits covered entities from discriminating against qualified individuals with a disability. … Machine Shop, Inc., 238 Mich.App. 462 , 606 N.W.2d 398, 405 (1999). *598 To state a claim under the ADA, a plaintiff must establish that: “1) he is an individual with a disability; 2) he is ‘otherwise qualified’ to perform

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.

Lyn Allen v. Gretchen Whitmer

Court of Appeals for the Sixth Circuit · Jul 26, 2021

Where the “complaint establishes the defense,” a complaint may be dismissed on qualified immunity grounds on a motion to dismiss. Siefert v. Hamilton County, 951 F.3d 753, 762 (6th Cir. 2020) (emphasis omitted). … Here, assuming arguendo that the facts alleged in the Amended Complaint establish a violation of the Constitution, Allen’s damages claim fails on the second prong of the qualified immunity analysis because no clearly established

Myrtle Griffith, Widow of Otis Griffith v. Director, Office of Workers' Compensation Programs, United States Department of Labor

49 F.3d 184 · Court of Appeals for the Sixth Circuit · Feb 14, 1995

This was clearly wrong. Assuming for purposes of argument that Dr. … Island Creek Coal Co., 982 F.2d 1036, 1042 (6th Cir.1993) ("It is clearly established that opinions of treating physicians are entitled to greater weight than those of non-treating physicians. See, e.g., Sexton v.

Fed. Sec. L. Rep. P 96,316 Ralph Nash and Otto G. Green v. Farmers New World Life Insurance Company and Farmers Group, Inc.

570 F.2d 558 · Court of Appeals for the Sixth Circuit · Feb 8, 1978

The evidence established that per share and consolidated data could be calculated from other figures presented in the statement. … Farmers created FNW expressly for the purpose of this merger, in order to qualify for certain tax preferences. The capital of FNW consisted of 53,398 shares of Farmers stock. 2 .

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).

Russell Kiser v. Harry Kamdar

831 F.3d 784 · Court of Appeals for the Sixth Circuit · Aug 5, 2016

That outcome is clearly at odds with the Supreme Court’s repeated invalidations of bans on commercial speech. See, e.g., Bates v. … In the seminal case establishing the right of commercial speech, Virginia State Board of Pharmacy v.

Garner Childress, on Behalf of Patrick Childress v. Secretary of Health and Human Services

679 F.2d 623 · Court of Appeals for the Sixth Circuit · May 28, 1982

The record establishes that the deceased wage earner also contributed money to Patrick’s support. … established.

Davis v. Morgan

89 F. App'x 932 · Court of Appeals for the Sixth Circuit · Dec 22, 2003

A decision is “contrary to” clearly established federal law “if the state court arrives at a conclusion opposite to that reached by [the Supreme Court] on a question of law or if the state court decides a case differently … A state court decision involves “an unreasonable application” of clearly established federal law if “the state court identifies the correct governing legal principle from the Court’s decisions but unreasonably applies that

Troy Scheffler v. Alex Lee

Court of Appeals for the Sixth Circuit · Oct 5, 2018

. § 1983 “enjoy qualified immunity . . . when their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” King v. … Officers are entitled to qualified immunity on excessive force claims unless it was clearly established, in a particularized sense, that their use of force was unreasonable. See Mullinex v. Luna, 136 S.

Gerald Werth v. Thomas Bell

Court of Appeals for the Sixth Circuit · Aug 28, 2012

The district court granted a certificate of appealability on the question of whether the Michigan courts violated clearly established federal law in holding that a defendant may not challenge the denial of his request to … This argument fails, first, because Werth points to no clearly established Supreme Court precedent that acknowledges such an exception to the Tollett rule.

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.

Charles Henry Reed v. Phillip Clay Mike Barry John Jacobs, John McFadden Scotty Baesler

972 F.2d 348 · Court of Appeals for the Sixth Circuit · Aug 19, 1992

The district court first found that the documentary evidence clearly established Reed's arrest date as April 17, 1985. … "clearly established" at the time it was taken.

United States v. Katherine Ann Mitchell

67 F.3d 1248 · Court of Appeals for the Sixth Circuit · Oct 24, 1995

The initial entrapment, assuming it existed, did not immunize North from criminal liability for subsequent transactions that he readily and willingly undertook. … Clearly, the jury could have found this evidence to be indicative of a predisposition which was not causally related to the first “induced” sale. Defendant’s reliance on Jacobson v.

Lemont Hopkins v. Thomas Kerns Jacqueline E. Moss Sander Johnson Ronald Gach Theodore Anderson

899 F.2d 1222 · Court of Appeals for the Sixth Circuit · Apr 9, 1990

899 F.2d 1222 Unpublished Disposition NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service … However, it was not necessary to determine the applicability of either absolute or qualified immunity in this case.

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.

Danta Davis v. Dennis Straub, Warden

430 F.3d 281 · Court of Appeals for the Sixth Circuit · Dec 1, 2005

Holdings of the Supreme Court, not dicta, clearly establish federal law. Id. at 412 , 120 S.Ct. 1495 . … Taylor, 529 U.S. 362, 412 , 120 S.Ct. 1495 , 146 L.Ed.2d 389 (2000) (stating that "clearly established” refers to holdings, not dicta).

Meathe v. Ret

547 F. App'x 683 · Court of Appeals for the Sixth Circuit · Oct 29, 2013

Meathe’s pleadings clearly fail to allege the kind of injury, one personal to the shareholder, that is required to bring a direct shareholder suit under Michigan corporate law’s standing doctrine. … Meathe cites no law to establish that a shareholder has a right to bid at an auction of corporate assets.