Case law

Leonid Petkiewytsch v. Immigration and Naturalization Service

945 F.2d 871 · Court of Appeals for the Sixth Circuit · Sep 30, 1991

While German nationals were not immune from labor education camp imprisonment for genuine labor violations, the record clearly demonstrates that the “infractions” resulting in labor education camp imprisonment were predominantly … Nevertheless, his personal participation in the persecution of civilians was clearly established.

James Price v. Bd of Trustees of the Ind. Laborer's Pension Fund

632 F.3d 288 · Court of Appeals for the Sixth Circuit · Jan 12, 2011

Section 15.1 of the Plan clearly gives the Board authority to amend the Plan. … Plan and on the particular qualifying participant.

Victor Turner v. Margaret Bagley

401 F.3d 718 · 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.

United States v. Real Property 10338 Marcy Rd. N.W.

938 F.3d 802 · Court of Appeals for the Sixth Circuit · Sep 12, 2019

The court clearly erred by including the Taurus as an unrebutted expense. … The court clearly erred by including the $6,875 van purchase as an unrebutted expense.

Timothy E. Feeney v. Charles Shipley State of Ohio Ohio Department of Public Safety

164 F.3d 311 · Court of Appeals for the Sixth Circuit · Jan 8, 1999

Political patronage is a well-established feature of American politics. … In the proceedings below, the district court also held that it would grant the Defendant’s Motion for Summary Judgment on the basis that Director Shipley was entitled to qualified immunity.

United States v. Jordie Callahan

801 F.3d 606 · Court of Appeals for the Sixth Circuit · Sep 8, 2015

B.E. was not immune from abuse—one of Hunt’s sons tied her up with rope and kept her bound all night because she tried to drink a soda that was not intended for her. Defendants also beat B.E. themselves. … In this case, Hunt used a fence post to beat S.E., which qualifies as a dangerous weapon under the circumstances.

Taxpayers United for Assessment Cuts v. Richard H. Austin, Citizens for Education Ballot Question Committee, Intervening

994 F.2d 291 · Court of Appeals for the Sixth Circuit · Jul 1, 1993

. § 1343 (a)(3), which gives the federal courts jurisdiction over civil actions claiming deprivation of “any right, privilege, or immunity secured by the Constitution of the United States.” 28 U.S.C. § 1343 (a)(3) (1988). … However, the classifications established by defendants’ construction of § 12-5-175(a) do not involve such suspect classifications.

National Labor Relations Board v. Local Union No. 80, Sheet Metal Workers' International Association, Afl-Cio

491 F.2d 1017 · Court of Appeals for the Sixth Circuit · Feb 15, 1974

and refusing to comply with this Court’s said consent decree, and that Local 80 will undertake forthwith the action ordered in purgation, said notices, together with a copy of the contempt adjudication to be maintained in clearly … As shown in the subsidiary findings below, and in accordance with the Court’s statement at the conclusion of the hearing, that the admissions of Respondent’s witness Styles, established “that there was discrimination” (Tr

Appalachian Regional Healthcare, Inc. v. United Steelworkers of America, Afl-Cio-Clc, Local 14398, and United Steelworkers of America

245 F.3d 601 · Court of Appeals for the Sixth Circuit · Mar 29, 2001

The arbitrator, in fact, clearly acknowledged that he could not add to, subtract from, or modify the agreement. … Indeed, additional articles of the CBA establish that the hospital does not have the unfettered right to hire or fire its employees.

Mayson Mfg. Co. v. Commissioner of Internal Revenue

178 F.2d 115 · Court of Appeals for the Sixth Circuit · Nov 17, 1949

Wurl felt that the Company would prosper more if a bonus system was established. … These three officers were experienced, highly qualified and able executives.

United States v. Lisa Gort-Didonato

109 F.3d 318 · Court of Appeals for the Sixth Circuit · Mar 27, 1997

To apply the § 3B1.1 enhancement, the government must establish, by a preponderance of the evidence, the elements of § 3B1.1. See United States v. Ledezma, 26 F.3d 636, 644 (6th Cir.1994). … That amendment, which is now articulated in Application Note 2 of the Commentary to § 3B1.1, provides: To qualify for an adjustment under this section, the defendant must have been the organizer, leader, manager, or supervisor

Daisy B. Scott v. State of Tennessee

878 F.2d 382 · Court of Appeals for the Sixth Circuit · Jul 3, 1989

In addition, Scott contends that due to her reassignment, several less qualified and less experienced white employees now hold positions superior to her own and, as a result, will enjoy greater opportunities for salary advancement … The court then held that the Eleventh Amendment bars Scott, as a matter of sovereign immunity, from instituting a civil action in federal court against the State of Tennessee or its agencies.

Richards v. Carpenter

261 F. 724 · Court of Appeals for the Sixth Circuit · Nov 5, 1919

We express no opinion as to the earlier act, but we think that this section 554 so definitely deals with the liability sought to be enforced that upon the principles heretofore established it must be taken to affect its substance … What is said about the superintendent’s right to sue is perhaps a dictum, but his right to maintain such an action is clearly recognized ( 208 N. Y. 529 , 101 N.

Fruehauf Corporation, William E. Grace and Robert D. Rowan v. Internal Revenue Service

566 F.2d 574 · Court of Appeals for the Sixth Circuit · Nov 30, 1977

In addition, § 6103 of the Internal Revenue Code was extensively amended by § 1202(a) of the TRA, effective January 1, 1977, to establish the general rule that “returns and return information shall be confidential” and not … No. 94-409, 90 Stat. 1241, 1247, which was effective March 13, 1977. 5 While this amendment narrowed the exemption, we conclude that revised § 6103 does qualify as an exemption three statute, entitling the Internal Revenue

S.H.A.R.K. v. Metro Parks Serving

Court of Appeals for the Sixth Circuit · Aug 24, 2007

Although the Supreme Court has established general principles with respect to access claims, what is missing from these cases is a clearly defined framework in which to analyze these claims.2 We find D’Amario, 639 F. … We conclude that neither DeNicola or White Buffalo qualify as state actors under any of the state-action formulations.

Wayne Jaggers v. City of Alexandria Alexandria

Court of Appeals for the Sixth Circuit · Feb 2, 2009

Under the collateral-order doctrine, however, an “order denying a motion to dismiss a complaint against a[n] . . . official when the dismissal motion is based on the official’s assertion of absolute or qualified immunity … Therefore, the burden rests on the Council Members “to establish the existence of absolute legislative immunity.” Canary v. Osborn, 211 F.3d 324, 328 (6th Cir. 2000).

Directory Sales Management Corporation v. Ohio Bell Telephone Company American Information Technologies Corporation and Ameritech Publishing, Inc.

833 F.2d 606 · Court of Appeals for the Sixth Circuit · Nov 18, 1987

The PSC, which is a contract between Ohio Bell and API, both subsidiaries of Ameritech, did not qualify because under Copperweld Corp. v. … We agree with the District Court that it probably does not qualify as a contract, combination or conspiracy for the purposes of section 1.

Edward J. Brennan v. Beverly Griffeth Robert A. Mossing, U.S. Government

803 F.2d 718 · Court of Appeals for the Sixth Circuit · Sep 23, 1986

Even if the individual defendants are not entitled to absolute quasi-judicial immunity, the district court was correct to hold that they are entitled to a qualified immunity in this case because their actions did not violate … any clearly established statutory or constitutional right of which a reasonable person would have known.

Railway Exp. Agency, Inc. v. Clark

194 F.2d 29 · Court of Appeals for the Sixth Circuit · Feb 5, 1952

If that failed to establish the condition, Dr. Kasselberg’s evidence fails completely. … Neither qualified as a specialist but both testified that the death might have been caused accidentally.

prod.liab.rep. (Cch) P 14,908 Alexander MacDonald (95-6028/6286) v. General Motors Corporation, Defendant-Appellee/cross-Appellant (95-6030/6287)

110 F.3d 337 · Court of Appeals for the Sixth Circuit · Apr 3, 1997

I would hold that the federal standards on brake performance were clearly met by the defendant, and that plaintiffs failed to meet or establish proof sufficient to overcome General Motors’ showing. … One wonders where he would *351 have established domicile after graduation from the University of Kansas.