Case law

Louisville Jefferson County Me v. Hotels.com, L.P.

Court of Appeals for the Sixth Circuit · Dec 22, 2009

The court held that LRS qualified as an “accommodations business” and was therefore subject to the transient room tax because a significant fraction of its rentals “supply short-term accommodations suitable for visitors.” … which handled all of its reservations and booking, and be completely immune from municipal accommodations taxes”), holding limited by Pitt County, 553 F.3d at 313; City of Fairview Heights v.

William N. Young v. Michael C. Barrett, John Rosson, City of Clarksville, Tennessee, and Montgomery County, Tennessee

912 F.2d 466 · Court of Appeals for the Sixth Circuit · Aug 27, 1990

He also claims that Young did not possess any clearly established and particularized right to be free from the "slight force" which Barrett used against Young. 12 As the district court noted, the law of qualified immunity … This circuit has stated that when a qualified immunity defense is raised, plaintiff must show a violation of constitutional rights and "that these rights were so clearly established when the acts were committed that any officer

United States v. Caroll A. Watkins

994 F.2d 1192 · Court of Appeals for the Sixth Circuit · Jun 1, 1993

If the defendant’s conduct does not meet those requirements, that conduct qualifies only as an attempt, and section 2X1.1(b)(1) directs that the offense level be reduced accordingly. 4 *1196 A second limitation on the broad … Furthermore, the burden of establishing this mitigating factor remains at all times on the defendant, who must “clearly demonstrate” acceptance of responsibility. U.S.S.G. § 3El.l(a).

Joseph R. Kuhar v. William Hanton

836 F.2d 1348 · Court of Appeals for the Sixth Circuit · Jan 8, 1988

IV. 27 Defendant also argues that summary judgment may be affirmed because the officers are entitled to qualified immunity. … Sherrill, 827 F.2d at 1106 . 4 Carried to its logical conclusion, this argument would preclude appellate review of any finding of qualified immunity 5 The trial judge did not really address the issue of qualified immunity

Marvin Seales v. City of Detroit, Mich.

Court of Appeals for the Sixth Circuit · Jan 31, 2018

Zberkot argues that he is entitled to qualified immunity because he did not “violate clearly established rights guaranteed by the U.S. Constitution.” (Zberkot Br. at 4.) … Clearly Established The next step in the qualified immunity analysis is to decide whether the right was clearly established. We hold that it was.

Danielle Scott v. Daryl Becher

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

In determining whether a government official is entitled to qualified immunity, we consider “whether ‘a constitutional right would have been violated on the facts alleged’ and, if so, whether the right was ‘clearly established … Becher is entitled to qualified immunity on the claim of deliberate indifference to medical needs.

Med. Ctr. at Elizabeth Place, LLC v. Atrium Health Sys.

922 F.3d 713 · Court of Appeals for the Sixth Circuit · Apr 25, 2019

Judge Rice declined to apply the "law of the case" doctrine, holding that Judge Black had clearly erred. … According to MCEP, Judge Rice could reconsider Judge Black's denial of summary judgment only by finding that Judge Black clearly erred.

N.A.A.C.P., Detroit Branch v. Detroit Police Officers Ass'n

900 F.2d 903 · Court of Appeals for the Sixth Circuit · Apr 9, 1990

Of course, § 703(h) and its proviso does not immunize all seniority systems from attack under the civil rights statutes. It refers only to “bona fide” systems. … Board of Examiners & Bd. of Educ., 534 F.2d 993 , 998 (2d Cir.1976) (“Congress has clearly placed its stamp of approval upon seniority systems in 42 U.S.C. § 2000e-2”; “[t]hat plaintiffs herein are proceeding under 42 U.S.C

Association of Data Processing Service Organizations, Inc., and United Data Processing, Inc. v. Federal Home Loan Bank Board

568 F.2d 478 · Court of Appeals for the Sixth Circuit · Dec 5, 1977

O’Melveny & Meyers, 200 F.2d 420, 446 (9th Cir. 1952), and enjoy certain tax immunities. 12 U.S.C. § 1433 (1970). … Guran Co., supra, it would appear that an action against the Board itself is clearly authorized by the APA.

Moore v. Lake County Department of Job & Family Services

364 F. App'x 194 · Court of Appeals for the Sixth Circuit · Feb 2, 2010

immunity. Although under Meador v. … Cabinet for Human Resources, 902 F.2d 474, 476 (6th Cir. 1990) and Lintz, supra, it is clearly established law in the Sixth Circuit that a child has a due process right to be free from harm while in a state foster home,

Noel Williams v. Kimberly Zurz

503 F. App'x 367 · Court of Appeals for the Sixth Circuit · Oct 30, 2012

Qualified Immunity Because Williams has not demonstrated that a violation of her constitutional or statutory rights occurred, we agree with the district court that Zurz is entitled to qualified immunity. … Callahan, 555 U.S. 223, 231 (2009) (“The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional

James P. Frazier v. Charlotte Jenkins

770 F.3d 485 · Court of Appeals for the Sixth Circuit · Oct 27, 2014

The Ohio Supreme Court found “no error, plain or otherwise” on. direct review, clearly rejecting the federal claim on the merits. State v. Frazier, 115 Ohio St.3d 139 , 873 N.E.2d 1263 ,1291-92 (2007). … (internal quotation marks omitted)), and a remarkable irony given the “well-established principle of federalism that a state decision resting on an adequate foundation of state substantive law is immune from review in the

Barachkov v. 41B District Court

311 F. App'x 863 · Court of Appeals for the Sixth Circuit · Feb 20, 2009

’s entitlement to sovereign immunity. … policy or custom, is not relevant to whether a state official, sued in her official capacity, qualifies as a “person” under § 1983.

Herbert E. Downing v. Michael A. Rumer

875 F.2d 863 · Court of Appeals for the Sixth Circuit · May 22, 1989

Telb, 831 F.2d 673 (6th Cir.1987) (sua sponte dismissal on basis of qualified immunity is improper). … Under these circumstances, and unlike qualified immunity, the sua sponte dismissal of a suit is proper where it is obvious from the plaintiff's allegations that the defendant is absolutely immune from suit.

United States v. James Edgar Fleener

900 F.2d 914 · Court of Appeals for the Sixth Circuit · May 9, 1990

In light of appellee’s criminal history category of one, the court established the Guideline range at 21 to 27 months’ imprisonment and a fine range of $5,000 to $50,000. … The background commentary is referenced to Application Note 1 to 3E1.1, which lists seven noninclusive considerations in determining whether a defendant qualifies for the provision.

Azim Abdullah v. Lt. Kinnison

769 F.2d 345 · Court of Appeals for the Sixth Circuit · Jul 30, 1985

Prisoners clearly continue to enjoy certain First and Fourteenth Amendment rights, including the right of religious freedom, even while incarcerated. Cruz v. … Finally, appellees have argued that the motion for summary judgment in their favor below may also be upheld on the grounds that they were entitled to qualified immunity under Harlow v.

Lewis v. Hager

956 F.2d 1164 · Court of Appeals for the Sixth Circuit · Mar 10, 1992

The Supreme Court enunciated the standard for applying qualified immunity in Harlow v. … We therefore affirm the District Court's holding that the defendants are entitled to qualified immunity in their individual capacities because defendants have not violated a clearly established constitutional right.

Hazard v. Shalala

44 F.3d 399 · Court of Appeals for the Sixth Circuit · Jan 11, 1995

In July 1990, Sherrill allegedly was stricken by a series of incapacitating illnesses related to a failure of her immune system identified as idiopathic anaphylaxis. … (“Congress’s goal in enacting OBRA clearly was to reduce federal spending.”); Dickenson v.

Carlyne TERBOVITZ, Plaintiff-Appellee, v. FISCAL COURT OF ADAIR COUNTY, KENTUCKY, Defendant-Appellant

825 F.2d 111 · Court of Appeals for the Sixth Circuit · Aug 5, 1987

The agency relationship, however, may be established without a formal contract and absent consideration paid by either party. See Restatement §§ 16, 26. … In a "failure to hire" case such as this one, the plaintiff may satisfy this burden by proving: (1) that she is a woman; (2) that she applied and was qualified for the open position; (3) that she was rejected; and (4) that

United States v. Donald G. Ford

176 F.3d 376 · Court of Appeals for the Sixth Circuit · May 19, 1999

The aforementioned claims by the Defendant are clearly devoid of merit. … Since performance of this duty is a neces *380 sary prerequisite of effective law enforcement, the Supreme Court has clearly established that law enforcement officials may question an indicted defendant who has invoked his