Case law

Earl Jones v. Michigan Department of Corrections, Robert Brown, Jr., Bernie Toland, John Hession

914 F.2d 256 · Court of Appeals for the Sixth Circuit · Sep 10, 1990

Id. at 640 . 6 Plaintiff must demonstrate the existence of "clearly established law" to overcome the defense of qualified immunity. … immunity.

United States v. Harris

Court of Appeals for the Sixth Circuit · Sep 15, 2006

In that regard the district court accepted that proposition arguendo en route to its ultimate decision (J.A. 80)--we, however, find it established as a legal matter. … The district court’s finding of fact that Harris did not give a statement is not clearly erroneous.

Southern Ohio Coal Co. v. OWCP

128 F.4th 809 · Court of Appeals for the Sixth Circuit · Feb 11, 2025

Southern Ohio Coal argues that the ALJ erred by considering a qualifying PFT administered by the DOL’s designated examiner, Dr. … And Southern Ohio Coal’s brief before the BRB clearly laid out its belief that the April 11, 2019 PFT was noncompliant and that the ALJ erred because “the preponderance of the evidence d[id] not support total pulmonary disability

Lynn Lumbard v. City of Ann Arbor

913 F.3d 585 · Court of Appeals for the Sixth Circuit · Jan 10, 2019

In early 2001, the City established a City Task Force and retained engineering consultants to study the problem and devise a solution. … But even if that is true, that language is dicta; the decision in DLX affirmed dismissal of the claim based on Eleventh Amendment Immunity, regardless of the DLX plaintiff's England Reservation.

Sheet Metal Workers Local 141 Supplemental Unemployment Benefit Trust Fund v. United States of America, Internal Revenue Service

64 F.3d 245 · Court of Appeals for the Sixth Circuit · Sep 5, 1995

The Fund established an individual account for each union member. … This agreement established the Fund to qualify as a tax exempt employee benefit plan under the Taft-Hartley Act and the Employee Retirement Income Security Act of 1974 (ERISA). 2 .

Isabel v. City of Memphis

404 F.3d 404 · Court of Appeals for the Sixth Circuit · Apr 11, 2005

Once all the components of the promotional process were tallied, this candidate was ranked as the second most qualified for promotion. … First, the plaintiff must establish a prima facie case of discrimination — i.e., the plaintiff must establish that an adverse impact has occurred.

Elem Ray Fulcher v. John Motley, Warden

444 F.3d 791 · Court of Appeals for the Sixth Circuit · Apr 18, 2006

The Kentucky Supreme Court’s Decisional Rule Was Contrary to Clearly Established Federal Law, Therefore De Novo Review Is Appropriate The Clearly Established Law. … In other words, we held that what was clearly established by Lilly was, in fact, clearly established before Lilly: “Douglas, Bruton, and Lee evidence that the Supreme Court had clearly established the principle that a co-defendant

United States v. Murray

35 F. App'x 125 · Court of Appeals for the Sixth Circuit · Apr 3, 2002

The government enjoys a qualified privilege not to disclose the identity of confidential informants. Roviaro v. … But this information would still not establish that Deputy Chisam knowingly or recklessly misrepre *128 sented the informant’s status as an “upstanding citizen.”

Ronald Bozung v. Travis Rawson

439 F. App'x 513 · Court of Appeals for the Sixth Circuit · Oct 7, 2011

Furthermore, Rawson is not entitled to qualified immunity. … defendant violated a constitutional right; and (2) the right was clearly established.”

8 O.S.H. Cas.(bna) 1010, 1980 O.S.H.D. (Cch) P 24,246 Walter M. Taylor v. Brighton Corporation

616 F.2d 256 · Court of Appeals for the Sixth Circuit · Feb 14, 1980

In affirming the judgment for the plaintiff, we held that " § 1985(3)'s protection reaches clearly defined classes, such as supporters of a political candidate. … Thus, there was no conspiracy to deny equal protection or equal privileges and immunities.

Darnita McGhee v. Joan Yukins, Warden

229 F.3d 506 · Court of Appeals for the Sixth Circuit · Oct 6, 2000

We defer to the state court’s legal conclusions unless they involve an unreasonable application of clearly established federal law. 28 U.S.C. § 2254 (d)(1). … as a decision involving] an unreasonable application of clearly established Federal law.

Elzbieta Klawitter v. Immigration and Naturalization Service

970 F.2d 149 · Court of Appeals for the Sixth Circuit · Jun 29, 1992

First, the alien must show statutory eligibility for asylum by establishing a “well-founded fear of persecution.” … To conclude, in regard to the claim of persecution by Josef Niedzwiecki, petitioner fails to provide a qualifying ground under section 208(a) of the Act.

Michael K. Anusbigian v. Trugreen/chemlawn, Inc.

72 F.3d 1253 · Court of Appeals for the Sixth Circuit · Jan 10, 1996

Because the remand was clearly on jurisdictional grounds, the plain language of § 1447(d) deprived the court of appeals of jurisdiction to review the remand order. … Thus, it is immune from review under § 1447(d). The appeal is DISMISSED.

Miller v. Webb

Court of Appeals for the Sixth Circuit · Sep 22, 2004

On July 24, 2002, Miller also appealed the involved an unreasonable application of, clearly district court’s order denying a certificate of appealability on established Federal law, as determined by … More specifically, no state court not constitutionally deficient was an unreasonable application determined that Bell either was or was not actually biased of Strickland, which is clearly established federal law.

United States v. Robin Rene Warner (90-3753) Michelle Lynn Angel (90-3754) Joyce Ann Richmond (90-3767) Juniata Marla Redd (90-3755)

971 F.2d 1189 · Court of Appeals for the Sixth Circuit · Jul 27, 1992

Hence, Redd concludes that the court’s findings in this regard are clearly erroneous. … The trial court’s finding that Redd was a minor participant was also not clearly erroneous.

Leonard A. Lutz v. United States

919 F.2d 738 · Court of Appeals for the Sixth Circuit · Dec 6, 1990

Sec. 2410 creates a waiver of immunity that, along with 28 U.S.C. Sec. 1340 , establishes the District Court's jurisdiction. 28 U.S.C. … This Court need not decide whether Lutz' alleged procedural defects are the type which would qualify for the limited immunity waiver alluded to in Pollack because the record shows Lutz' claims in this regard to be without

United States v. Corrie Anderson

625 F. App'x 285 · Court of Appeals for the Sixth Circuit · Sep 1, 2015

[Criminal Docket R. 650] The district court denied Anderson’s motion, holding that it could not “find that Congress clearly and unequivocally waived sovereign immunity to permit an award of attorney’s fees against the … The government urges us to view this case through the lens of the “sovereign immunity canon,” which states that Congress can waive the United States’ sovereign immunity “only by an unequivocal expression in statutory text

Brunet v. City of Columbus

58 F.3d 251 · Court of Appeals for the Sixth Circuit · Jun 28, 1995

The district court’s factual findings cannot be set aside unless clearly erroneous. Fed.R.Civ.P. 52(a). … Landy’s content validity study clearly supports the conclusion that only fifty percent of the skills needed to be a firefighter are cognitive.

Walling v. Nashville, C. & St. L. Ry.

155 F.2d 1016 · Court of Appeals for the Sixth Circuit · Jun 1, 1946

Students are present on the job solely for their own benefit and advantage, in order to qualify themselves for future employment. … Appellant’s difficulty here is that the findings conclusively establish that appellee did not “suffer or permit” the trainees to work for it. See Walling v.

Jerome A. Marentette v. Local 174, United Automobile Aerospace and Agricultural Workers of America, and Federal Screw Works

907 F.2d 603 · Court of Appeals for the Sixth Circuit · Jul 3, 1990

I am not convinced that the mere mention of an eight-year apprenticeship in one context establishes that the term journeyman, clearly and unambiguously in all contexts, means one who has eight years in the trade. … The grievant later tried to establish seniority on one route by applying his time on the other route.