Case law

United States Ex Rel. Antoon v. Cleveland Clinic Foundation

788 F.3d 605 · Court of Appeals for the Sixth Circuit · Jun 11, 2015

Antoon does not have any direct and independent knowledge of the information upon which his fraud allegations are based; therefore he cannot qualify as an original source of that information, and cannot establish standing … Kaouk submitted a false claim, mere suspicion is insufficient to qualify Col. Antoon as an original source. Because Col.

Knox v. Neaton Auto Products

Court of Appeals for the Sixth Circuit · Jul 9, 2004

Even if this did qualify as a meaningful demotion, however, Knox is unable to establish that the decision to remove her The district court properly determined … Neaton clearly informed Knox correctly determined that because Matlock’s statements about that she was being stripped of her position as group leader not wanting women working for him and about Knox “being

City of Owensboro v. Owensboro Waterworks Co.

115 F. 318 · Court of Appeals for the Sixth Circuit · Apr 8, 1902

And the bill alleges that the waterworks company had' established, and was operating under, rules and regulations pursuant to the authority of these sections of the ordinances. … for public use without just compensation, and also of the fourteenth amendment to the constitution of the United States, which provides that “no state shall make or enforce any law, which will abridge the privileges or immunities

Stotts v. Memphis Fire Department

858 F.2d 289 · Court of Appeals for the Sixth Circuit · Dec 6, 1988

However, Jones had never been appointed to the intermediate rank of driver and hence was not qualified for the position even through a demotion. … Deputy Chief Bryant testified that Jones would not have been eligible to hold the driver's position because he had never been qualified for it.

Claire Irene Fisher, Administratrix of the Estate of Virgil Franklin Fisher, Deceased v. United States

356 F.2d 706 · Court of Appeals for the Sixth Circuit · Feb 21, 1966

The plaintiff-appellant is the duly qualified and acting administratrix of the estate of her husband, Virgil Franklin Fisher. … Clearly the doctrine of non-delegable duty is not applicable to the facts of the case now before us. The United States was not a common carrier under the facts of this case.

Broska v. Henderson

70 F. App'x 262 · Court of Appeals for the Sixth Circuit · Jun 30, 2003

Since the United States was presumptively cloaked with its inherent sovereign immunity, Broska could therefore not recover a money judgment under the state-law claim unless the United States waived that immunity. … The Retaliation Claim In order to establish a prima facie case of Title VII retaliation in our circuit, a plaintiff must make a showing of four elements: (1) she engaged in activity protected by Title VII; (2) this exercise

Deborah Ryan v. City of Detroit

698 F. App'x 272 · Court of Appeals for the Sixth Circuit · Jun 30, 2017

Dep't of Social Services New York City , 436 U.S. 658 , 98 S.Ct. 2018 , 56 L.Ed.2d 611 (1978). 2 In response, the defendants asserted qualified immunity. … Because the district court held that none of the defendants’ conduct violated Katie’s constitutional rights, it never reached the second step of the qualified-immunity test as to whether any constitutional rights were “clearly

Charolette Winkler v. Madison Cty., Ky.

893 F.3d 877 · Court of Appeals for the Sixth Circuit · Jun 26, 2018

Memphis Police Dep’t, 8 F.3d 358, 365 (6th Cir. 1993) (recognizing that “a municipality may not escape liability for a § 1983 violation merely because the officer who committed the violation is entitled to qualified immunity … Although Winkler contends that municipal liability should be imposed on Healthcare, she fails to clearly state her theory for liability.

United States v. Christopher Ritchey

840 F.3d 310 · Court of Appeals for the Sixth Circuit · Oct 26, 2016

In reaching this conclusion, the Court noted that, under generally established principles, “the ‘underlying brute facts or means’ of commission” are irrelevant for purposes of ACCA. Id. … Therefore, the first two prongs of plain error review have been met: the district court’s decision to count Ritchey’s breaking and entering convictions as ACCA predicates was clearly in error under Mathis.

United States v. Ted Dudek A/K/A Ted Landers

560 F.2d 1288 · Court of Appeals for the Sixth Circuit · Aug 16, 1977

Mylar’s evidence was clearly the most specific and damaging. … Quite plainly this evidence tended to establish appellant’s intentions to engage widely and repeatedly in the business of dealing in stolen goods, including firearms and ammunition.

Terry Freeze v. City of Decherd, Tennessee

753 F.3d 661 · Court of Appeals for the Sixth Circuit · Jun 4, 2014

It also clearly differs from the language at issue in other cases where courts have reached the opposite conclusion. … The City also argues that defendants benefit from qualified immunity, meaning this case should be dismissed either way.

Krusinski v. U.S. Dept. of Agriculture

4 F.3d 994 · Court of Appeals for the Sixth Circuit · Sep 10, 1993

Cabinet for Human Resources, 902 F.2d 474, 475 (6th Cir.), cert. denied, 111 S.Ct. 182 (1990). 13 In the case at bar, defendants asserted the defense of qualified immunity. … Finally, the complaint fails to show a violation of clearly established law such that defendants' defense of qualified immunity will not lie.

Reinella Kirilova v. Russel Braun

Court of Appeals for the Sixth Circuit · Jan 27, 2022

Qualified immunity “shields government officials from ‘liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … A public official is entitled to qualified immunity unless the plaintiff shows: (1) a constitutional violation and (2) that the violated constitutional right was “clearly established” when the violation occurred.

Bill Lewis v. James Wiley Craft

66 F.3d 326 · Court of Appeals for the Sixth Circuit · Sep 19, 1995

erred in not finding that statements to the media by the prosecutor are only subject to qualified immunity. 8 "We review a district court's grant of summary judgment de novo.... … In Buckley, the Court held that prosecutors' actions in endeavoring to determine whether a bootprint at the scene of the crime had been left by the suspect were investigatory and only entitled to qualified immunity. 113 S.Ct

Cunningham v. Underwood

116 F. 803 · Court of Appeals for the Sixth Circuit · Jun 3, 1902

When antecedent words are capable, as matter of law, of being understood in more than one sense, it is the office of an innuendo to designate that meaning which the plaintiff proposes to establish as the meaning intended … Hord was not qualified to speak as to the general reputation of the plaintiff, Underwood.

Federal Deposit Insurance v. Tennessee Wildcat Services, Inc.

839 F.2d 251 · Court of Appeals for the Sixth Circuit · Feb 3, 1988

A jury, resolving the ambiguity created by the multiple signatures and different qualifying words, held Harris B. Siegel personally liable. … However, where the principal is clearly identified on the face of the instrument, use of the word “by” before the signature is sufficient to establish that the signer did so in a representative capacity. *257 The judgment

Thomas L. Fawick and Marie Fawick v. Commissioner of Internal Revenue

436 F.2d 655 · Court of Appeals for the Sixth Circuit · Jan 7, 1971

To qualify, the inventor must have been an “amateur” rather than a “professional.” … Accordingly, the only issue before this Court is whether the District Court findings are clearly erroneous. We have concluded that the record adequately supports the findings of the District Court.”

Rosa Carter, Administratrix of the Estate of Adrian Miles Carter, Deceased, Cross-Appellee v. City of Chattanooga, Tennessee, Cross-Appellant

803 F.2d 217 · Court of Appeals for the Sixth Circuit · Nov 7, 1986

The trial court granted the officer’s motion, based on qualified immunity, but denied the city’s motion, holding that this Court’s § 1983 decision in Gamer should be applied retroactively. … an issue of first impression whose resolution is not clearly foreshadowed.

Wagenknecht v. IRS

Court of Appeals for the Sixth Circuit · Dec 6, 2007

A judge who acts in excess of his jurisdiction is immune from suit, whereas a judge who acts in a clear absence of any jurisdiction might not be immune from suit. See Stump, 435 U.S. at 355-57. … Therefore, judicial immunity bars Wagenknecht’s arguments.

United States v. Burchard

580 F.3d 341 · Court of Appeals for the Sixth Circuit · Sep 2, 2009

Under Ocegueda , this evidence establishes that Purdy’s drug use was sufficiently consistent, ‘prolonged,’ and close in time to his gun possession to put him on notice that he qualified as an unlawful user of drugs under … Thus, these cases provide no help in establishing a minimum level of proof required.