Case law

United States v. Rudy Guerrero

76 F.4th 519 · Court of Appeals for the Sixth Circuit · Aug 7, 2023

We have said that it must have been ‘reasonably foreseeable’ to each defendant charged with the conspiracy that a qualifying overt act would occur in the district where the prosecution is brought.” … These are clearly challenges to factual guilt.

United States v. Jeremy Duval

Court of Appeals for the Sixth Circuit · Feb 7, 2014

Carpenter, 360 F.3d 591, 596 (6th Cir. 2004) (en banc) (“[T]his court has recognized that material omissions [from an affidavit] are not immune from inquiry under Franks.”) … Franks hearing was to decide whether “the affidavits used to secure the search warrants contain false statements or material omissions that were inserted or omitted with intentional or reckless disregard for the truth to establish

United States v. John Laton

352 F.3d 286 · Court of Appeals for the Sixth Circuit · Dec 10, 2003

When the National Legislature wishes to regulate an area traditionally regulated exclusively by the States, it must “convey[ ] its purpose clearly.”' … Against this legislative backdrop, Congress’s decision not to mention governmental property more specifically in § 844(i) at a minimum establishes ambiguity about the scope of the provision.

Ayers Ratliff v. Wellington Exempted Village Schools Board Of Education

820 F.2d 792 · Court of Appeals for the Sixth Circuit · Jun 10, 1987

City of Independence, 445 U.S. 622 , 100 S.Ct. 1398 , 63 L.Ed.2d 673 (1980), that a municipality is not immune from damages simply because its officials acted in good faith. … General Motors establishes simply that the new rule announced and applied in DelCostello v.

United States v. Billy Wilkins

Court of Appeals for the Sixth Circuit · Oct 28, 2025

As part of its case, the government called DePew, who received immunity in exchange for providing truthful testimony. … As the court that presided over the trial, the district court was “uniquely qualified” to evaluate DePew’s credibility. United States v.

Affholder, Inc. v. Preston Carroll Co.

866 F.2d 881 · Court of Appeals for the Sixth Circuit · Feb 1, 1989

Fitzgerald, 457 U.S. 731 , 743-44 n. 24, 102 S.Ct. 2690 , 2697-98 n. 24, 73 L.Ed.2d 349 (1982) (agreement for alternative liquidated damage remedies contingent upon disposition of qualified immunity claim does not render … Clearly, both parties have “alleged such a personal stake in the outcome of the controversy as to assure that concrete adverseness which sharpens the presentation of issues.” Baker v.

Fluor Daniel, Inc. v. National Labor Relations Board

332 F.3d 961 · Court of Appeals for the Sixth Circuit · Jun 9, 2003

This Court in Fluor Daniel II clearly articulated the proper burdens of proof in refusal-to-hire cases. … The NLRB articulated in its opinion the standards set out in FES and Fluor Daniel II and adopted the findings of the ALJ that the General Counsel had "clearly established his prima facie case." Id.

EEOC v. Jefferson Cnty

Court of Appeals for the Sixth Circuit · Sep 19, 2005

A chart prepared by the EEOC shows these discrepancies clearly. … The remainder of the case was devoted to establishing the definition of “subterfuge,” with the Court ultimately concluding that under the subterfuge provision, “the employee bears the burden of proving that the discriminatory

Mitroff v. Xomox Corp.

797 F.2d 271 · Court of Appeals for the Sixth Circuit · Jul 8, 1986

The full instruction given below twice states that the burden is on the plaintiff to establish discrimination by a preponderance of the evidence, and the trial court also stated this principle before giving specific instructions … State law was clearly unsettled. Given the uncertainty in the state law, we find no abuse of discretion in the trial court’s refusal to exercise pendent jurisdiction over plaintiff’s claim.

United States v. Eddie D. Jeter

191 F.3d 637 · Court of Appeals for the Sixth Circuit · Oct 18, 1999

The defendant is entitled to an additional one-level decrease if (1) he qualifies for the two-level decrease, (2) prior to that decrease his offense level is Level 16 or greater, and (3) he “assisted authorities in the investigation … In Childers , this court stated as follows: It is well-established that the “voluntary termination or withdrawal” factor means that criminal conduct that continues following an acceptance of responsibility, especially when

Edna Napier v. Comm'r of Soc. Sec.

127 F.4th 1000 · Court of Appeals for the Sixth Circuit · Feb 7, 2025

The ALJ also found that Napier’s mental impairments—anxiety and depression—did not qualify as severe. … The record clearly demonstrates that the ALJ adequately accounted for Napier’s mental impairments in formulating her residual functional capacity.

James Adkins v. Robert D. Johnson, Lt. Dillard Davidson, Lt.

899 F.2d 1221 · Court of Appeals for the Sixth Circuit · Apr 11, 1990

Johnson and Dillard Davidson, appeal an order of the district court which denied their motion for summary judgment based upon their assertion of good faith qualified immunity in a civil rights action. … That argument clearly lacks merit, however, as orders denying a defendant's assertion of good faith qualified immunity have been deemed to fall within that small category of orders which are sufficiently final to be immediately

32 Fair empl.prac.cas. 1368, 32 Empl. Prac. Dec. P 33,803 Irene Brooks v. Ashtabula County Welfare Department Ashtabula County Commissioner Department of State Personnel

717 F.2d 263 · Court of Appeals for the Sixth Circuit · Sep 1, 1983

Brooks was qualified for the position, Koren never considered placing her there. The district court found that Butler's starting wage was $5.55 per hour while Ms. … Brooks established a prima facie case of sex discrimination.

Theodore G. Williams v. William Meyer

346 F.3d 607 · Court of Appeals for the Sixth Circuit · Sep 25, 2003

This conflicting language calls into question the magistrate’s conelu *616 sion that it has been clearly established by the Michigan courts that section 7 requires proof of a likelihood of future dangerousness and persuades … Section 8 provided that a defendant was immune from prosecution for the "the offense with which he originally stood charged, or convicted” prior to commitment. Mich. Comp. Laws Ann. § 780.508 (West 1968).

Monty Bauch v. Richland Cty. Children Servs.

Court of Appeals for the Sixth Circuit · May 23, 2018

Jordan explained that “immediate appeal from the denial of summary judgment on a qualified immunity plea is available when the appeal presents a ‘purely legal issue,’ illustratively, the determination of ‘what law was “clearly … This Court granted the social worker qualified immunity but denied absolute immunity. Id. at 689, 694.

United States v. Presser

828 F.2d 340 · Court of Appeals for the Sixth Circuit · Jul 31, 1987

But, before reaching that conclusion, the court states: “We believe there is clearly a tradition of accessibility to disqualification proceedings.” (Emphasis added.) … Rather, from the premise that there is “clearly a tradition of accessibility to disqualification proceedings ” (emphasis added), the court leaps to the conclusion that there is a first amendment qualified right of access

United States v. Joseph Pirosko

787 F.3d 358 · Court of Appeals for the Sixth Circuit · May 21, 2015

It opposed Pirosko’s request for access, stating that ShareazaLE was a form of “sensitive law enforcement surveillance software protected . . . by qualified privilege.” … Materiality Pirosko’s arguments fail also for a second reason: he cannot establish materiality.

United States v. Tracey Smith-Kilpatrick

942 F.3d 734 · Court of Appeals for the Sixth Circuit · Nov 7, 2019

She conceded that the documents were indeed business records that qualified for a hearsay exception under Rule 803(6). … The district court was free to disbelieve this testimony, but it was not clearly erroneous to believe it.

United States v. Askanazi

14 F. App'x 538 · Court of Appeals for the Sixth Circuit · Jul 12, 2001

The government elicited testimony irom Fender establishing that Askanazi had directed him to bill for anesthesiological services in Askanazi’s name that he did not perform. … We determine that this conclusion was not clearly erroneous.

Juana Villegas v. The Metro. Gov't of Nashville

Court of Appeals for the Sixth Circuit · Mar 4, 2013

Nelson came to the Eighth Circuit on a grant of qualified immunity, Nelson, 583 F.3d at 525; therefore, all facts were viewed in the light most favorable to the detainee. Id. at 530. … Nelson’s protections from being shackled during labor had thus been clearly established by decisions of the Supreme Court and lower federal courts before September 2003.”