Case law

James Barton v. City of Lincoln Park

Court of Appeals for the Sixth Circuit · Mar 1, 2018

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 … Therefore, overcoming an officer’s entitlement to qualified immunity requires that a plaintiff demonstrate “(1) that the official violated a statutory or constitutional right, and (2) that right was clearly established

Hicks v. United States ex rel. T. V. A.

266 F.2d 515 · Court of Appeals for the Sixth Circuit · May 13, 1959

Also appellant has the burden of proof in establishing the damage. United States ex rel. Tennessee Valley Authority v. Powelson, 319 U.S. 266 , 63 S.Ct. 1047 , 87 L.Ed. 1390 . … Clearly the injury done to the property by the presence of power lines and steel towers is not merely speculative.

Larry D. Smith v. Gerald Hofbauer

312 F.3d 809 · Court of Appeals for the Sixth Circuit · Dec 10, 2002

Lane, 489 U.S. 288 , 109 S.Ct. 1060 , 103 L.Ed.2d 334 (1989)] jurisprudence will constitute ‘clearly established Federal law, as determined by the Supreme Court of the United States’ under § 2254(d)(1).” … Because Petitioner’s claim does not rest upon a Sullivan conflict, Petitioner’s claim does not rest upon “clearly established” federal precedent.

Robert Fitzke and Joy Fitzke v. Barry Shappell, Deputy Sheriff, and Elwin Smith, Sheriff, of Eaton County, Michigan, Jointly and Severally

468 F.2d 1072 · Court of Appeals for the Sixth Circuit · Oct 3, 1972

But where the circumstances are clearly sufficient to indicate the need of medical attention for injury or illness, the denial of such aid constitutes the deprivation of constitutional due process. Hughes v. … Kress & Co., 398 U.S. at 160 , 90 S.Ct. at 1609 , the Advisory Committee Note on the 1963 Amendment to subdivision (e) of Rule 56 made plain that “ ‘where the evidentiary matter in support of the motion does not establish

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899 F.2d 1222 Unpublished Disposition NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service … However, it was not necessary to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

Michael Maurino v. Richard Johnson, Warden

210 F.3d 638 · Court of Appeals for the Sixth Circuit · Apr 24, 2000

The Eleventh Circuit has adopted a two-prong test in which the court first must “determine the ‘clearly established’ law at the relevant time.” Neelley v. Nagle, 138 F.3d 917, 922 (11th Cir.1998). … Applying the Nevers standard to the facts of this case, this court must ask whether there is a clearly established law which has been violated. The petitioner raises three issues on habeas.

Harrison v. New York Life Ins.

78 F.2d 421 · Court of Appeals for the Sixth Circuit · Jun 29, 1935

This evidence was clearly inadmissible. The doctor had not seen the accident, and it was not proper subject-matter for expert opinion. … As a physician he was no better qualified to give his views upon the contributing causes of death than was any lay witness.

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.

Paul Harcz, Jr. v. Brody Boucher

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

We write further only to highlight and expand on two features of this qualified-immunity case. Free-speech violation. … Clearly established free-speech law. The officers’ arguments that the law in this area was not clearly established faces an imposing hurdle.

Murray v. Thistledown Racing Club, Inc.

770 F.2d 63 · Court of Appeals for the Sixth Circuit · Aug 12, 1985

This may be done by showing (i) that he belongs to a racial minority; (ii) that he applied and was qualified for a job for which the employer was seeking applicants; (iii) that, despite his qualifications, he was rejected … Clearly, she has not met the first prong imposed for establishing a prima facie case.” 603 F.Supp. at 483 (footnote omitted). ii.

Al Burzynski, Administrator of the Estate of Alfred W. Halevan, Deceased v. William S. Cohen, Secretary of Defense

264 F.3d 611 · Court of Appeals for the Sixth Circuit · Aug 23, 2001

In support of his age discrimination claim, Halevan alleged that the person selected was not qualified for the position. … We find that the trial court’s findings are not clearly erroneous.

Americans United for Separation of Church & State v. City of Grand Rapids

922 F.2d 303 · Court of Appeals for the Sixth Circuit · Dec 13, 1990

We believe that Chabad meets all necessary requirements to qualify for intervention as of right. First, Chabad’s application is clearly timely. … Having determined that Chabad qualifies for intervention as of right, we must decide if we are permitted to so hold at this stage in the proceedings.

Dr. Dale Thurman v. Pfizer, Inc.

484 F.3d 855 · Court of Appeals for the Sixth Circuit · May 8, 2007

The Supreme Court has explained that Congress used language that was “deliberately expansive, and designed to ‘establish pension plan regulation as exclusively a federal concern.’ ” Pilot Life Ins. Co. v. … Similarly, here, Thurman left his former job based on the promise that he would qualify for certain benefits under Pfizer’s pension plan.

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.

Joseph Duris v. Erato Shipping, Incorporated Japan Line Limited Regent Botan Shipping, Inc. Pallas Shipping Agency, Ltd.

684 F.2d 352 · Court of Appeals for the Sixth Circuit · Jul 16, 1982

The District Court dismissed Duris’ claim for failure to establish in personam jurisdiction over the defendant Pallas Shipping Agency, Inc. … Although Pallas Shipping has never had any business contacts in Ohio, its constituent corporation, Erato Shipping, clearly has.

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 .

Benito T. PEREZ, Jr., Plaintiff-Appellant, v. AETNA LIFE INSURANCE COMPANY, Defendant-Appellee

150 F.3d 550 · Court of Appeals for the Sixth Circuit · Jul 1, 1998

Ciccia, 880 F.Supp. 359, 361 (E.D.Pa.1995) (to qualify for benefits, employee must “furnish certification satisfactory to the Company of disability”). … Aetna, however, failed to reflect our well-established precedent in the Plan. We hope that in the future insurance companies will take better notice of Sixth Circuit precedent and draft their contracts accordingly.

United States v. Gerald Rayborn

312 F.3d 229 · Court of Appeals for the Sixth Circuit · Dec 6, 2002

Next, the Government filed a motion to reconsider and a motion for an evidentiary hearing to establish the requisite connection to interstate commerce. … non-profit church-affiliated summer camp' was engaged in commerce in part because its out-of-state advertising prompted the transportation of campers across state lines). 2 Furthermore, the' use of the radio broadcasts clearly

Fox v. Glickman Corp.

355 F.2d 161 · Court of Appeals for the Sixth Circuit · Dec 20, 1965

The latter requirement would seem to bar Levy’s claim to such intervention since the Fox suit clearly is a spurious class action under F.R.Civ.P. 23(a) (3) and the established view in this circuit is that a judgment in such … Civ.P. 24(a) (2) that he show actual or possible inadequacy in the representation of his interest by existing parties. 3 While Levy’s claim does not qualify for intervention of right, it does fit snugly under F.R.Civ.P. 24

Tri-State Steel Construction Co. v. Herman

164 F.3d 973 · Court of Appeals for the Sixth Circuit · Jan 13, 1999

. § 2200.32 , and were barred by sovereign immunity. This decision became final on February 10, 1997, when the matter was not directed for review by the Commission. … We further clarified that* the rationale in National Truck was not that the trade association was composed of too large of a membership to qualify, but instead, “that the association was participating in the litigation on