Case law

Big Rivers Electric Corp. v. Environmental Protection Agency

523 F.2d 16 · Court of Appeals for the Sixth Circuit · Sep 4, 1975

Thus, they contend that a system which restricts emissions of pollutants in any degree, if included in a plan, would qualify *21 that plan for approval if the other conditions of Section 110 were met. … Under this definition a rule or regulation pertaining to sulfur dioxide or any other contaminant, would qualify as an emis *22 sion limitation only if it regulates the amount of that kind of material which may be included

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.

Official Unsecured Creditors Committee of Valley-Vulcan Mold Co. v. Ampco-Pittsburgh Corp.

5 F. App'x 396 · Court of Appeals for the Sixth Circuit · Feb 26, 2001

The Committee provided no evidence of actual intent to defraud, so the bankruptcy judge was clearly correct to rule against the Committee under § 1336.07. … Greene’s qualifications as an expert were well established, and his valuations were based on discounted cash-flow valuation, a well-recognized methodology for determining a business’s going-concern values.

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

Robert Lowell Hyland v. Tony R. Young, Warden and Father Sorce, Catholic Chaplain, Defendants

831 F.2d 1063 · Court of Appeals for the Sixth Circuit · Oct 30, 1987

Therefore, the doctrine of qualified immunity precludes any liability. In this connection, we first note that the district court was technically incorrect in its application of qualified immunity. … in question was clearly established at the time of the alleged violation.

Hutchison v. Thomas

789 F.2d 392 · Court of Appeals for the Sixth Circuit · Apr 28, 1986

The law knows no heresy, and is committed to the support of no dogma, the establishment of no sect. … Now, the church is a sanctuary, if one exists anywhere, immune from the rule or subjection to the authority of the civil courts, either state or federal, by virtue of the First Amendment.” Id. 492-93 .

United States v. Nigel Medlin

65 F.4th 326 · Court of Appeals for the Sixth Circuit · Apr 17, 2023

App’x 707, 716 (6th Cir. 2002) (“And the definition is clearly in the disjunctive[.]”). … We do not need to decide this issue given that Medlin’s other injuries qualify.

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

Joseph Zickes v. Cuyahoga Cnty., Ohio

700 F. App'x 475 · Court of Appeals for the Sixth Circuit · Jul 12, 2017

Id. at 781 As a result of those rulings the district court further concluded that Zickes could not establish a violation of any clearly established constitutional right. Zickes, 207 F. Supp. 3d at 781-82. … That failure, the court held, entitled the defendants to summary judgment based on qualified immunity. Id. Zickes now appeals.

Collins v. City Of Detroit

780 F.2d 583 · Court of Appeals for the Sixth Circuit · Jan 10, 1986

Richard Olejnik, Charles Toms, Lamar Nowell, Ralph Unger, Brenda McDonald, Derrick Anderson, John Autrey, James Casper and Judy Dowling deprived the plaintiffs of their civil rights. 5 Thus, the complaint appears to state clearly … Where an action is against officers "solely ... in the capacity as police officers," as stated here, plaintiffs, in order to recover, must meet the standards of liability established by Monell v.

Anderson Ex Rel. C.A. v. City of Blue Ash

798 F.3d 338 · Court of Appeals for the Sixth Circuit · Aug 14, 2015

“Under McDonnell Douglas, [a] [p]laintiff must first establish a prima facie case of discrimination.” Id. … To establish a prima facie case of intentional discrimination under Title II of the ADA, a plaintiff must show that: (1) she has a disability; (2) she is otherwise qualified; and (3) she was being excluded from participation

Harris v. Haeberlin

526 F.3d 903 · Court of Appeals for the Sixth Circuit · May 22, 2008

While the dissent is correct in pointing out that Hernandez is a plurality opinion, we cite to Hernandez for its explication of Batson’s holdings, which beyond doubt qualify as clearly established federal law. 4 Turning directly … Beyond clearly established federal law, the record does not reflect that Harris is at fault for the delayed discovery of the videotape evidence.

52 Fair empl.prac.cas. 1001, 53 Empl. Prac. Dec. P 39,797 N.A.A.C.P., Detroit Branch the Guardians, Inc. Brady Bruenton Cynthia Martin Hilton Napoleon Sharron Randolph Betty T. Rolland Grant Battle Cynthia Cheatom Evin Fobbs John H. Hawkins Helen Poelnitz, on Behalf of Themselves and All Others Similarly Situated v. Detroit Police Officers Association (Dpoa) David Watroba, President City of Detroit Coleman A. Young, Mayor Detroit Police Dept., Board of Police Commissioners William Hart, Chief William Milliken, Governor the Michigan Employment Relations Commission

900 F.2d 903 · Court of Appeals for the Sixth Circuit · Jun 18, 1990

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. … Pullman-Standard Div., Pullman, Inc., 854 F.2d 1549 , 1575 n. 41 (11th Cir.1988) (immunity created by Sec. 703(h) extends to Sec. 1981 claims). 42 No case in our Court has previously examined the Sec. 703(h) issue presented

United States v. Sardinas

644 F. App'x 597 · Court of Appeals for the Sixth Circuit · Mar 25, 2016

.- § 3Bl.l(c) enhancement was clearly erroneous. (Docs.24, 34). For the following reasons, we affirm the district court’s judgment. … Conclusion In sum, the district court’s application of a two-level leadership enhancement under U.S.S.G. § 3B1.1(c) was not clearly erroneous. See Baker, 559 F.3d at 448 .

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.”

United States v. Mike Coffelt

749 F.3d 417 · Court of Appeals for the Sixth Circuit · Apr 9, 2014

Page 4 a qualifying prior drug conviction. (Dkt. No. 1484, Sent. Tr. at 33-35.) … However, the Supreme Court specifically declined to disturb the narrow exception for the fact of a prior conviction established by Almendarez-Torres. Alleyne, 133 S. Ct. at 2160 n.1.

William H. Millsaps, Jr. v. Anthony Brigano Richard Jent

979 F.2d 851 · Court of Appeals for the Sixth Circuit · Nov 17, 1992

ORDER 1 The defendants appeal an order denying a motion to dismiss this civil rights action on grounds of qualified immunity. This appeal was perfected while trial on the merits was pending. … The defendants have responded that they know of no reason why the appeal should not be considered moot, but wish to reserve the right to cross-appeal the qualified immunity issue should plaintiff timely appeal. 2 Therefore

Weaver v. Jago

675 F.2d 116 · Court of Appeals for the Sixth Circuit · Apr 9, 1982

The district court concluded, without analysis, that Weaver’s complaint clearly sought to have the court substitute its judgment for that of the prison administration in matters that “bear little, if any, relationship to … This Court has also noted that, “There is no requirement that a religion meet any organizational or doctrinal test in order to qualify for First Amendment protection.” Sequoyah v.

Lindsey v. Detroit Entertainment, LLC

484 F.3d 824 · Court of Appeals for the Sixth Circuit · May 1, 2007

Alabama, 326 U.S. 501, 505-06 (1946), or established private ownership of a municipal park. Evans v. Newton, 382 U.S. 296, 302 (1966). … Specifically, Plaintiffs rely on Rule 1003 of the Michigan Gaming Control Board, which establishes various procedures for detained or arrested persons.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. ATLAS PAPER BOX COMPANY, Defendant-Appellee

868 F.2d 1487 · Court of Appeals for the Sixth Circuit · Apr 4, 1989

Tr. 215, 218 (Atlas’ expert admits adverse impact for entire period), the EEOC clearly established its prima facie case. 11 In Chrisner v. … The EEOC has clearly met its prima facie burden on the basis of the statistics and these particular instances.