Case law

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

Wooster Rubber Co. v. Commissioner of Internal Revenue

189 F.2d 878 · Court of Appeals for the Sixth Circuit · Jun 8, 1951

Neither construction urged is so clearly responsive to the mandates of the instrument as to indicate that either expresses the only possible meaning attributable to the language of the plan. … The petitioner’s witnesses were qualified and unimpeached; and no evidence was offered in contradiction of their sworn statements. In such circumstances, their testimony should have been accepted.

United States v. Pruitt

Court of Appeals for the Sixth Circuit · Oct 21, 2008

that a conviction was for a qualifying offense.” … Finally, in those cases where the relevant records do not indicate the defendant’s prior record level, “it may well be that the Government will be precluded from establishing that a conviction was for a qualifying offense

Newbury Local School District Board Of Education, Et Al., v. Geauga County Metropolitan Housing Authority, Et Al.

732 F.2d 505 · Court of Appeals for the Sixth Circuit · Apr 16, 1984

HUD's approval of the annual contributions to the Geauga County projects clearly qualifies as "an agency grant of money." Thus, our review of HUD's actions is governed by 5 U.S.C. … To support this conclusion, we need look no further than Chapter 3735 of the OHIO REV.CODE ANN. which clearly establishes that HUD satisfied the legislative policies of the Housing Act by only insuring the cooperation of

Sean Carter v. Bobby Bogan

900 F.3d 754 · Court of Appeals for the Sixth Circuit · Aug 20, 2018

established Federal law.’” … Accordingly, we cannot say that the Supreme Court of Ohio unreasonably applied clearly established federal law when it adjudicated this subclaim.

Charles A. Bratten v. Ssi Services, Inc. Acs, Inc.

185 F.3d 625 · Court of Appeals for the Sixth Circuit · Jul 23, 1999

City of New York, 41 F.Supp.2d 308, 311-12 (S.D.N.Y.1999) (“list of covered grievances did not clearly include [Fair Labor Standards Act claims] or other statutory claims”); Beason v. United Techs. … In order to make out a prima facie case of employment discrimination on the basis of a disability, a claimant must establish that: (1) he is an individual with a disability; (2) he is “otherwise qualified” to perform the

Jack Drake v. Village of Johnstown, Ohio

534 F. App'x 431 · Court of Appeals for the Sixth Circuit · Aug 16, 2013

Regarding the § 1983 claims, the district court concluded that Magistrate Berryhill and Court Clerk Hunt were entitled to absolute immunity, Tax Director Wilson and Mayor Riffe were entitled to qualified immunity, and there … Government officials are immune from civil liability under 42 U.S.C. § 1983 when performing discretionary duties so long as their conduct does not violate clearly established statutory or constitutional rights of which

United States v. Jayson Harris

473 F.3d 222 · 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. … In defending his actions, Harris argues that Shink’s attempt to speak to him re *227 garding his conspiracy-related counterfeiting activities did not qualify as a debriefing because it was not “in relation to” or “in conjunction

William and Mary Lou Castorr v. John M. Brundage

674 F.2d 531 · Court of Appeals for the Sixth Circuit · Mar 23, 1982

One fact, however, was clearly established. Donald’s overall condition had improved dramatically since he had been removed from the Castorr home. Donald was placed in the hospital on September 15, 1975. … Brundage is absolutely immune from liability for money damages. Stump v. Sparkman, 435 U.S. 349, 359-60 , 98 S.Ct. 1099, 1106 , 55 L.Ed.2d 331 (1978).

The R. P. Fitzgerald

212 F. 678 · Court of Appeals for the Sixth Circuit · Jan 16, 1914

This is clearly shown by Judge Addison Brown, in The Manitoba (D. C.) 104 Fed. 145, 155, 156 . It will be seen that the question is not one of relative operating causes, proximate or remote. … Ed. 794 ), says, with reference to the facts in that case: “ * * * There could be no question as to the liability of the vessel owner from the established facts of the case, but for the immunity afforded by that act.

United States v. O'DELL

160 F.2d 304 · Court of Appeals for the Sixth Circuit · Mar 10, 1947

S. 353 , 65 S.Ct. 304 , 89 L.Ed. 294 , a case involving facts similar to those of the Ever Krisp case, held the federal lien to have priority, and that the judgment herein is therefore clearly erroneous. … The stipulation covering levy is as follows: “That one Giles Kavanagh, the duly appointed, qualified and acting Collector of Internal Revenue for the District of Michigan, on September 8, 1941, as said Collector, gave written

Thomas Merck v. Walmart, Inc.

114 F.4th 762 · Court of Appeals for the Sixth Circuit · Aug 20, 2024

And it can clearly do those things. See, e.g., id.; Inclusive Cmtys., 576 U.S. at 528–30; Abercrombie & Fitch, 575 U.S. at 770. … So these first two privacy torts don’t qualify. The other two fare no better.

Dendel v. Washington

647 F. App'x 612 · Court of Appeals for the Sixth Circuit · May 9, 2016

See id Therefore, the state court’s rejection of the claim of ineffective assistance of counsel was contrary to clearly established Supreme Court precedent. See Williams v. … established law.

Otis Lee Fuson v. A.R. Jago

773 F.2d 55 · Court of Appeals for the Sixth Circuit · Sep 11, 1985

Hearsay Exceptions Martin was clearly unavailable to testify at the petitioner’s trial. … Thus, we cannot, as urged by the state, conclude that Martin’s statements clearly fall within the ambit of the hearsay exception established by Ohio Rule of Evidence 804(B)(3).

Miguel v. INS

Court of Appeals for the Sixth Circuit · Feb 26, 2004

The Burgos opinion continued: convincing evidence that she is “lawfully in the United States pursuant to a prior admission, [or that] she is clearly and beyond a doubt entitled to be admitted to the United States … The [INS] did not rely upon any statement taken or any evidence seized at the time of the [the aliens’] arrest to establish deportability.

United States v. Ford

344 F. App'x 167 · Court of Appeals for the Sixth Circuit · Aug 26, 2009

This payment also established a basis for the enhancement under § 2C1.1(b)(1). … The payments made to Ford were made in a manner to clearly influence more than one event. The evidence establishes that each payment was accomplished by another action by Ford in his authority as a state senator.

Andre Williams v. Betty Mitchell

792 F.3d 606 · Court of Appeals for the Sixth Circuit · Jul 7, 2015

Second, the Ohio Court of Appeals’s ruling is contrary to the established definition of intellectual disability as set forth in clearly established Supreme Court precedent. … As a result, the court’s categorical exclusion of the relevant evidence was contrary to clearly established Federal law.

Ann Brunet v. City Of Columbus, Ohio

58 F.3d 251 · Court of Appeals for the Sixth Circuit · Aug 11, 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.

John Doe v. Immigration and Naturalization Service, United States Department of Justice

867 F.2d 285 · Court of Appeals for the Sixth Circuit · Feb 2, 1989

The details of the procedure so established are found in 8 C.F.R. Part 208. … This is not the standard established by Cardoza-Fonseca . In concluding that Mr.

Darnel Walker, Jr. v. Kenneth Woods, Police Officer for the City of Lansing, Michigan

19 F.3d 20 · Court of Appeals for the Sixth Circuit · Mar 11, 1994

Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). 6 Defendant is entitled to judgment on the basis of qualified immunity. Walker claimed that the traffic stop resulting in his arrest violated the Fourth Amendment. … To overcome a claim of qualified immunity, the plaintiff must do more than assert the violation of a broadly stated right; he must set out a particular and clearly established violation of that right.