Case law

Rolfe v. County Board of Education of Lincoln County

391 F.2d 77 · Court of Appeals for the Sixth Circuit · Feb 19, 1968

It is established by the record and was found by the district court: The appellees, Mrs. Rolfe and Mrs. … Certainly, the amount fixed is not clearly erroneous.

Quang Ly Tran v. Alberto R. Gonzales, Attorney General

447 F.3d 937 · Court of Appeals for the Sixth Circuit · May 17, 2006

The BIA reversed the decision of the immigration judge (IJ), who had found Tran removable because he had been convicted of an aggravated felony, but deferred his deportation because Tran qualified for protection under the … “A finding is clearly erroneous when the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.” Heights Cmty. Cong. v.

F. Dale Rowland Denise Rowland v. United States Department of Agriculture

43 F.3d 1112 · Court of Appeals for the Sixth Circuit · Jan 13, 1995

Before the horse was admitted into the exhibition ring, the Designated Qualified Person (“DQP”), inspected the horse to detect whether it had been sored. … There is no dispute that the horse exhibited no sensitivity to palpation despite the existence of sufficient evidence establishing that the scars were caused by soring.

Brown v. Alexander

718 F.2d 1417 · Court of Appeals for the Sixth Circuit · Oct 6, 1983

Whether a merger with another state organization, otherwise qualified, would mean being “taken control of” is not clear, nor is it clear as to the relevance of establishment of membership dues by an affiliate or parent to … Krzewinski clearly upheld a “domestic” requirement for local resident policemen and firemen in New Jersey, even under a compelling state interest standard. Id. at 498-501 .

Teamsters Local Union No. 783 v. Anheuser-Busch, Inc.

626 F.3d 256 · Court of Appeals for the Sixth Circuit · Nov 1, 2010

The Pension Plan not only details the administration of pension benefits, but also establishes an alternate mechanism for resolving grievances related to pension rights. … Furthermore, the Pension Plan clearly provides a specific mechanism for resolving all grievances related to pension rights.

Yayeshwork Abay and Burhan Amare v. John Ashcroft, United States Attorney General and Immigration and Naturalization Service

368 F.3d 634 · Court of Appeals for the Sixth Circuit · May 19, 2004

The asylum applicant bears the burden of establishing that she qualifies as a refugee “either because he or she has suffered past persecution or because he or she has a well-founded fear *637 of future persecution.” 8 C.F.R … Amare’s clearly expressed fear is rooted in the culture of Ethiopia.

Ralph Pelton v. Alex Perdue

Court of Appeals for the Sixth Circuit · Apr 17, 2018

In the performance of discretionary functions, government officials are immune from standing trial for civil liability unless their actions violate clearly established rights. Harlow v. … To overcome a defendant’s motion for summary judgment on grounds of qualified immunity, a plaintiff must show that (1) the defendant violated a constitutional right and (2) that right was clearly established.

Mark Lee v. Smith & Wesson Corporation

760 F.3d 523 · Court of Appeals for the Sixth Circuit · Jul 29, 2014

LeBlanc, 45 Fed.Appx. 393, 400-01 (6th Cir.2002), we upheld the exclusion of expert testimony regarding coercive or suggestive interviewing techniques because the defendant made no foundational showing to establish that improper … Lee’s memory and Ruel’s deductions both clearly reject Smith & Wesson’s argument that the injury was caused by heavy recoil.

Bertold J. Pembaur, M.D., Cross-Appellee v. City of Cincinnati, Hamilton County, Ohio, Cross-Appellants

882 F.2d 1101 · Court of Appeals for the Sixth Circuit · Aug 18, 1989

The judge found that the individual defendants were immune from suit, and that the County and City were not liable because Pembaur had not suffered a constitutional deprivation committed pursuant to official policy. … We thus believe it the more prudent course to hold that this issue was conceded before the Supreme Court, at least until that Court speaks more clearly.

Lora Bryant, Jr. v. James Harris, James Enix, and Joseph Brennan

985 F.2d 559 · Court of Appeals for the Sixth Circuit · Feb 2, 1993

II. 12 Qualified immunity may be invoked by a government official as a defense to suit if that official's conduct "does not violate clearly established federal 'statutory or constitutional rights of which a reasonable person … Therefore, qualified immunity is available to defendants

Ronald Jeffrey Kiphart v. Saturn Corporation

251 F.3d 573 · Court of Appeals for the Sixth Circuit · May 31, 2001

When, as here, a plaintiff presents direct evidence his employer relied on his disability in making an employment decision, he bears the burden of establishing (1) he is “disabled” and (2) he is “otherwise qualified” for … For example, certain job announcements clearly stated the ability to fully rotate was a necessary qualification.

Gary Harris v. Dennis E. Muchnicki

101 F.3d 702 · Court of Appeals for the Sixth Circuit · Nov 14, 1996

On appeal, Harris argues that the defendant's actions are not protected by absolute quasi-judicial immunity and do not meet the standard for qualified immunity. 4 Upon careful consideration, we affirm the district court's … Thus, they were protected, if at all, only by qualified immunity. 7 This court and others have recognized that " '[d]rawing a proper line between these functions may present difficult questions....' " Grant, 870 F.2d at 1137

Turner v. Bagley

Court of Appeals for the Sixth Circuit · Mar 21, 2005

The magistrate judge concluded that the right to a speedy appeal has not been established by a decision of the Supreme Court. … While this court has not endorsed this procedure, Turner has certainly been free to bring an action under § 1983, subject to defenses of absolute or qualified immunity, seeking redress from the appropriate defendants.

Anita Baker-Schneider v. Benny Napoleon

Court of Appeals for the Sixth Circuit · Apr 16, 2019

But there is an exception to that rule in the qualified immunity context. … Because Huq has asserted qualified immunity as a defense, we must resolve two questions: (1) did she violate Schneider’s constitutional rights; and (2) if so, was the constitutional right clearly established when the violation

Board of Trustees Ex Rel. Ohio Carpenters' Pension Fund v. Bucci

493 F.3d 635 · Court of Appeals for the Sixth Circuit · Jul 3, 2007

Neither the bankruptcy court nor the district court below addressed the issue of whether the employer contributions qualified as ERISA plan assets. … Traditionally, the “proper rule, developed by caselaw, is that unpaid employer contributions are not assets of a fund unless the agreement between the fund and the employer specifically and clearly declares otherwise.”

Denning Ex Rel. Denning v. Metropolitan Government

330 F. App'x 500 · Court of Appeals for the Sixth Circuit · May 12, 2009

immunity see his badge that night. … Finally, plaintiffs claimed that Officer Davidson was not entitled to qualified immunity because he used force that was excessive under objective standards of reasonableness.

United States v. Roberson

11 F. App'x 462 · Court of Appeals for the Sixth Circuit · Apr 26, 2001

The government bears the burden of establishing the relevant factors by a preponderance of the evidence, see United States v. … His involvement clearly falls well below the criteria threshold required to establish a managerial or supervisory role under 3Bl.l(b). J.A. at 98.

Michigan Bell Telephone Co. v. Copper Range Railroad

355 F.2d 678 · Court of Appeals for the Sixth Circuit · Jan 21, 1966

As we read the Clement and the Mc-lver cases, they do not establish an unqualified right for a ship to proceed on the assumption that a drawbridge will open on signal. … It is clear, however, that in the instant case the qualified presumption that the bridge would open on signal was more sharply limited by different facts.

Samantha Neely, George Neely, Carol Neely v. Rutherford County School

68 F.3d 965 · Court of Appeals for the Sixth Circuit · Nov 2, 1995

“School health services” were defined, in turn, as “‘services provided by a qualified school nurse or other qualified person.’ ” Id. (quoting 34 C.F.R. § 300.13 (b)(10)). … Samantha and her parents argue, however, that the district court was clearly erroneous when it concluded that Samantha required constant care and supervision.

United States v. Donald Heavrin

330 F.3d 723 · Court of Appeals for the Sixth Circuit · Jun 3, 2003

“An abuse of discretion occurs when the lower court relies on clearly erroneous findings of fact, or when it improperly applies the law or uses an erroneous legal standard.” … We therefore conclude that Heavrin presented sufficient evidence to qualify as a “party” under the Hyde Amendment. III.