Case law

Pease Co. v. National Labor Relations Board

666 F.2d 1044 · Court of Appeals for the Sixth Circuit · Dec 16, 1981

The statement was ambiguous; an innocent interpretation is clearly consistent with the words used, while a threat is present only by a strained interpretation. … As regards the alleged inadequacy of time, the record clearly establishes *1050 that the Company had disclosed what the ALJ termed its “principal objectives” by the fifth session on February 8. 237 N.L.R.B. at 1072.

North American Natural Resources, Inc. Midland Cogeneration Venture Limited Partnership Michigan Power Limited Partnership Central Wayne Energy Recovery Limited Partnership v. John G. Strand, Chairman, John C. Shea and David A. Svanda, Commissioners of the Michigan Public Service Commission

252 F.3d 808 · Court of Appeals for the Sixth Circuit · Jun 5, 2001

Required payments from consumers pursuant to a Commission order clearly provides more security than a mere contract with a utility operating in a free market. … In the instant case, the MPSC has disavowed any intent to interfere in the contractual relationships established under PURPA. 32 As we have already noted, in its order of October 29, 1997, the MPSC said: 33 The qualifying

Robert Allen Williams, Jr. v. Pamela Withrow

944 F.2d 284 · Court of Appeals for the Sixth Circuit · Sep 11, 1991

We believe that an evaluation of “the entire course of police conduct” in this case establishes that Williams’ statements were not voluntary. … Indeed, many otherwise unobtainable convictions are secured through extending immunity in exchange for a defendant’s testimony against more culpable co-defendants.

Leo Abby v. Carol Howe

742 F.3d 221 · Court of Appeals for the Sixth Circuit · Jan 30, 2014

The district court also found that the state appellate court’s resolution of Abby’s counsel-of-choice claim was neither unreasonable nor contrary to clearly established federal law. … The state appellate court’s analysis of that issue therefore was not unreasonable or contrary to clearly established federal law. B.

Eric A. Adams v. Robert Silva and Dean Sanderson

983 F.2d 1065 · Court of Appeals for the Sixth Circuit · Dec 22, 1992

The district court granted defendants' motion for summary judgment on the false arrest claim finding that defendants were immune from suit under the doctrine of qualified immunity. … To hold an official protected by qualified immunity personally liable, the plaintiff must: (1) identify a clearly established right alleged to have been violated; and (2) establish that a reasonable police officer in the

Fisher v. Cocke County

97 F.3d 1451 · Court of Appeals for the Sixth Circuit · Sep 12, 1996

Jones, 115 S.Ct. 2151, 2159 (1995)). 5 This court reviews de novo a district court's decision on qualified immunity. Mackey v. … Dyke, 29 F.3d 1086, 1093 (6th Cir.1994). 14 Because the defendants were acting as government officials and were performing discretionary functions, they are entitled to qualified immunity unless their actions violate "clearly

Mwonyonyi v. Gieszl

895 F.2d 1414 · Court of Appeals for the Sixth Circuit · Feb 9, 1990

Even if Sohen has only qualified immunity under these circumstances, see Morrison v. … Mwonyonyi failed to show in any way whatsoever how any of these officers violated any of his clearly established constitutional rights. At most Mwonyonyi asserts that the officers negligently performed their jobs.

United States v. Nichols

Court of Appeals for the Sixth Circuit · Jan 15, 2008

Ohio State Highway Patrol, 308 F.3d 523 (6th Cir. 2002) (rejecting officer’s qualified immunity defense and affirming partial summary judgment in favor of Hispanic motorists who brought equal protection challenge under § … One such case where waiver may be clearly inferred is when a defendant, after being properly informed of his rights and indicating that he understands them, nevertheless does nothing to invoke those rights.

Brooks v. Ashtabula County Welfare Department

717 F.2d 263 · Court of Appeals for the Sixth Circuit · Sep 1, 1983

Brooks established a prima facie ease of sex discrimination. … The court’s conclusion of liability here is based on a clearly erroneous factual finding.

Deborah Seafort v. Beverly Burden

669 F.3d 662 · Court of Appeals for the Sixth Circuit · Feb 15, 2012

Read together, § 541(a) and (b) establish a fixed point in time at which parties and the bankruptcy court can evaluate what assets are included or excluded from property of the estate. … Section 541(a) clearly establishes this point as the commencement of the case.

Director, Office of Workers' Compensation Programs, United States Department of Labor v. Orpha Hill (86-3906), Jenna L. Holmes (86-3925)

831 F.2d 635 · Court of Appeals for the Sixth Circuit · Oct 14, 1987

Hill had indeed been dependent upon her ex-husband for support, then clearly his death would have had serious economic ramifications for her. … All persons who qualify because of age or employment status receive benefits. Id. at 608-09 .

Steele v. Industrial Development Board of Metropolitan Government Nashville

301 F.3d 401 · Court of Appeals for the Sixth Circuit · Aug 14, 2002

First, the bond must fall within one of the enumerated categories: “(A) an exempt facility bond, (B) a qualified mortgage bond, (C) a qualified veterans’ mortgage bond, (D) a qualified small issue bond, (E) a qualified student … Based on this legislative history, Metro has clearly fulfilled its obligation under 147(f) to approve a bond issue that meets the public criteria.

Carl v. Henry v. John W. Gardner, Secretary of Health, Education and Welfare

381 F.2d 191 · Court of Appeals for the Sixth Circuit · Jul 19, 1967

Based upon this record, the hearing examiner concluded that the appellant did not establish a period of disability to qualify for disability benefits. … The uncontroverted evidence of record clearly shows that the claimant was able to engage in substantial activity for a number of years after April 1955.”

United States v. Albert Stevens

25 F.3d 318 · Court of Appeals for the Sixth Circuit · Aug 4, 1994

Volz, who was granted partial immunity and not indicted, died shortly after giving his testimony, so the evidence from him appeared at sentencing only on a transcript where he was not cross-examined. … The mandatory sentences that Congress had established for marijuana in 21 U.S.C. § 841 (b) originally were given only in terms of the marijuana’s weight.

Michael G. Brosmore v. City of Covington, Donald Brown, Fire Chief for the City of Covington, Kentucky

43 F.3d 1471 · Court of Appeals for the Sixth Circuit · Dec 16, 1994

PER CURIAM. 1 In this interlocutory appeal, defendant Donald Brown challenges the district court's denial of his motion for summary judgment on the basis of qualified immunity. … On appeal, the issues are (1) whether the district court erred in denying defendant Brown's motion for summary judgment on the basis of qualified immunity after determining that the law was clearly established, (2) whether

Hamilton's Bogarts, Inc. v. Michigan

501 F.3d 644 · Court of Appeals for the Sixth Circuit · Aug 30, 2007

Accordingly, we now hold that the Twenty-first Amendment does not qualify the constitutional prohibition against laws abridging the freedom of speech embodied in the First Amendment.”); see also Odle v. … It is also worth noting that the state itself is not a properly named defendant, as it is shielded from suit under the doctrine of sovereign immunity.

Bradley v. Milliken

540 F.2d 229 · Court of Appeals for the Sixth Circuit · Aug 4, 1976

Clearly, it would be futile to attempt desegregation within the boundaries of these regions . 402 F.Supp. at 1129 . … The State has no power to impart to him any immunity from responsibility to the supreme authority of the United States.” Id., [209 U.S.] at 159-160 [ 28 S.Ct. 441, at 454 ].

Paul Harcz, Jr. v. Brody Boucher

Court of Appeals for the Sixth Circuit · Feb 26, 2019

clearly establish the unlawfulness of their actions at the ADA event. … Qualified immunity shields the discretionary actions of government officials so long “as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known

Michigan Road Builders Association, Inc. v. William G. Milliken

834 F.2d 583 · Court of Appeals for the Sixth Circuit · Feb 23, 1988

upon by the defendants in this action as support for their contention that the Michigan legislature had a firm basis for concluding that the state had engaged in discrimination in awarding contracts for goods and services clearly … any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities

United States v. Washington

271 F. App'x 485 · Court of Appeals for the Sixth Circuit · Mar 25, 2008

In order to overturn the district court’s competency-finding, we would have to find it clearly erroneous. See Harries v. Bell, 417 F.3d at 635 . … Reliford, 471 F.3d 913, 916 (8th Cir.2006) (“if the defendant fails to object to fact statements in the presentence investigation report ... establishing that a prior offense was a violent felony conviction, the government