Case law

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.

Pamela McKay v. Toyota Motor Manufacturing, U.S.A., Inc.

110 F.3d 369 · Court of Appeals for the Sixth Circuit · May 12, 1997

A person seeking relief under the ADA for termination must establish (1) that she is a disabled person within the meaning of the Act, (2) that she is qualified to perform the essential functions of her job with or without … Remaining Concerns 114 The preceding analysis in my judgment clearly establishes that the facts, agency interpretations, statutory history and case law all require reversal of the district court's decision.

Edward I. Isibor v. Board of Regents of the State University and Community College System of the State of Tennessee

891 F.2d 290 · Court of Appeals for the Sixth Circuit · Dec 14, 1989

The court also held that Chancellor Nicks could be sued only in his official capacity under Title VII. 8 The court also held that the individual defendants, Garland, Floyd and Cox, were entitled to qualified immunity to civil … Moreover, contrary to plaintiff's assertion, whether qualified immunity attaches is a question of law to be decided by the trial court before trial. Id. at 649 .

United States v. Norman West

962 F.3d 183 · Court of Appeals for the Sixth Circuit · Jun 12, 2020

“The enhancement should be applied if the weapon was present, unless it is clearly improbable that the weapon was connected with the offense.” U.S.S.G. § 2D1.1 cmt. n.11(A). … “To apply the enhancement under section 2D1.1(b)(1), the government must establish that (1) the defendant actually or constructively possessed the weapon, and (2) such possession was during the commission of the offense.”

Citizens Ins Co Amer v. MidMichigan Health

Court of Appeals for the Sixth Circuit · Jun 1, 2006

MidMichigan is a self-funded employee health and welfare benefit plan, established pursuant to the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1001 et seq. … Under this rule, “accident or disability” would be considered a qualifier for the other adjectives, all qualifying the noun “plan”.

Timothy J. Adams v. O.J. Keller, Commissioner and the U.S. Parole Commission

736 F.2d 320 · Court of Appeals for the Sixth Circuit · May 29, 1984

We conclude, therefore, that the action is at least barred by qualified immunity in this case. Procunier v. Navarette, 434 U.S. 555 , 98 S.Ct. 855 , 55 L.Ed.2d 24 (1978); Taylor v. … Since the record in this case is totally devoid of evidence indicating wrongdoing by Keller we need not reach the issue of whether Keller is entitled to absolute immunity. Butz v.

Edward A. Engel and Helen Engel v. United States of America and the People of the State of Michigan

258 F.2d 50 · Court of Appeals for the Sixth Circuit · Aug 14, 1958

Here, there is no evidence of fraud or misrepresentation as to the boundary by qualified authorities of the State. … It was clearly within the discretion of the trial judge to limit the evidence to material issues and to refrain from retrying the removal proceeding.

Beck Ex Rel. Estate of Beck v. Haik

377 F.3d 624 · Court of Appeals for the Sixth Circuit · Jul 29, 2004

Oct. 17, 2000), we held that these pagers, which the city authorities could use to summon the allegations, if proven, were jointly sufficient to establish a MSRDT. … For a time, the only the other individual defendant, Chief Hornkohl) summary judgment on member of the dive team was then-deputy sheriff Dale the ground of qualified immunity.

Dye v. United States

210 F.2d 123 · Court of Appeals for the Sixth Circuit · Feb 8, 1954

Prom the evidence adduced, much of which has been detailed, we think this conclusion of the District Court was clearly erroneous. … trend toward increasing the scope of the waiver by the United States of its sovereign immunity from suit is inconsistent with whittling it down by refinements.

Michael Cole v. Ashtabula County

Court of Appeals for the Sixth Circuit · Jun 26, 2026

When a plaintiff’s claims under Ohio law and federal law depend on the same questions of material fact, officers are entitled to state-law immunity if qualified immunity shields them from liability on the federal deliberate-indifference … Here, the defendants didn’t violate Knight’s constitutional rights, so qualified immunity bars the federal claims against them. See id.

United States v. Donald Rico Alexander

59 F.3d 36 · Court of Appeals for the Sixth Circuit · Jul 10, 1995

“A district court’s determination regarding a defendant’s role in the offense is reversible only if clearly erroneous.” Id.; United States v. Williams, 894 F.2d 208, 213-14 (6th Cir.1990). … Alexander claims that the record below fails to establish, by a preponderance of the evidence, that he was a leader or organizer.

School District of City of Pontiac v. Secretary of US Department of Education

584 F.3d 253 · Court of Appeals for the Sixth Circuit · Oct 16, 2009

(Title I, Part C), requirements that all teachers be “highly qualified” (Title II, Part A), and instruction in English for children with limited English ability (Title III). … Moreover, the States could have provided the Court with arguments as to their interests without jeopardizing sovereign immunity by appearing as amici curiae.

United States v. Hunt

Court of Appeals for the Sixth Circuit · Mar 9, 2000

The government ordinarily should be final and immune from collateral attack, reserves the right to make the sole determination as to whether such attack occurs before or after sentencing. … opportunity to cooperate; and third, to establish whether his guilty plea was valid. (Defendant’s Brief at 11-17).

United States v. Kwame Kilpatrick

798 F.3d 365 · Court of Appeals for the Sixth Circuit · Aug 14, 2015

The government never sought to qualify these agents as experts. In aggregate, they testified 23 times throughout the trial. … Clearly, this would be inadmissible to prove the truth of the matter asserted. However, the statement also fits squarely within the Williams-Collins rule.

Sandusky County Democratic Party v. Blackwell

387 F.3d 565 · Court of Appeals for the Sixth Circuit · Oct 26, 2004

"Section 1983 provides a remedy only for the deprivation of `rights, privileges, or immunities secured by the Constitution and laws' of the United States," and, therefore, "it is rights, not the broader or vaguer `benefits … Bass, 404 U.S. 336, 349 , 92 S.Ct. 515 , 30 L.Ed.2d 488 (1971) ("[U]nless Congress conveys its purpose clearly, it will not be deemed to have significantly changed the federal-state balance."); see also Penn Dairies, Inc.

Monica Rogers v. Henry Ford Health Sys.

897 F.3d 763 · Court of Appeals for the Sixth Circuit · Jul 31, 2018

The district court held that Rogers failed to establish a prima facie case because she failed to satisfy the third prong: that she was qualified for reclassification as a Senior OHRD Consultant. R. 64 (Dist. Ct. … The job description provided by Rogers clearly states that a bachelor's degree is required. R. 55-7 (Pl. Decl. at Ex. 1) (Page ID #1402).

United States v. Richard Hough (00-3380) Lamont Needum (00-3381) Anthony Gibbs (00-3417) Chad Gibbs (00-3434) Antwan Woods (00-3592)

276 F.3d 884 · Court of Appeals for the Sixth Circuit · Jan 16, 2002

This speculation is not evidence and does not establish that it was “clearly improbable” that he possessed the firearms during the offense. The weapons were within easy reach had Woods wished to get them. … Campbell, 168 F.3d 263, 267 (6th Cir.1999), "[n]ot all reasoned explanations ... qualify as limited remands.... A limited remand must convey clearly the intent to limit the scope of the district court’s review....

Cantrell v. Morgan Coal Co.

77 F. App'x 345 · Court of Appeals for the Sixth Circuit · Oct 3, 2003

Given that length of employment, claimant can established compensable disability in several ways pursuant to 20 C.F.R. § 718.202 . … While the evidence clearly shows that the deceased had a severe lung condition, neither Dr.

Terry Parnell v. City of Detroit, Mich.

Court of Appeals for the Sixth Circuit · Sep 5, 2019

“Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. … right was clearly established.”

Davis v. McCree

299 F. 142 · Court of Appeals for the Sixth Circuit · May 8, 1924

Whether or'not this was technically correct, clearly the exclusion of the deposition was not prejudicial. … Clearly there is no inconsistency in finding wanton negligence, and also in negativing an accident without any negligence.