Case law

Jay Pemberton v. Bell's Brewery, Inc.

Court of Appeals for the Sixth Circuit · Sep 4, 2025

Just as in Kindred, the top of the first page of Pemberton’s Inquiry Questionnaire clearly states, “This Questionnaire is not a Charge of Discrimination.” R. 80-1, Inquiry Questionnaire, PageID 918. … Pemberton cannot establish a prima facie case for retaliation.

Charles Kincaid, Individually and on Behalf of All Others Similarly Situated, and Capri Coffer, Individually and on Behalf of All Others Similarly Situated v. Betty Gibson, Individually and in Her Official Capacity as Vice President of Student Affairs of Kentucky State University Mary Smith, Individually and in Her Official Capacity as President of Kentucky State University Dr. William Parker, George H. Helton, Robert E. Ison, Valinda E. Livingston, Veleria Shavers, Dr. Richard Taylor, Michele C. Coleman, M. Anthony Howard, Joyce Ann Johnson, Dr. Anthony T. Remson, and Curtis D. Sullivan, All Individually and in Their Official Capacities as Regents of Kentucky State University

191 F.3d 719 · Court of Appeals for the Sixth Circuit · Sep 8, 1999

Citing Eleventh Amendment immunity, the court dismissed all claims for monetary damages against defendants in their official capacities. … The framework established in Hazelwood applies to plaintiffs' claims in the instant action. 2 48 In Hazelwood, staff members of a high school newspaper claimed that school officials had violated their First Amendment right

Stanley v. Lazaroff

82 F. App'x 407 · Court of Appeals for the Sixth Circuit · Oct 3, 2003

Rather, the issue is whether the state court’s decision was “contrary to” or “an unreasonable application of’ clearly established federal law. … Miranda Waiver Stanley next argues that the state court’s denial of his motion to suppress his confession involved both unreasonable fact determinations and unreasonable applications of clearly established law.

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.

Donald Williams, Petitioner-Appellee/cross-Appellant v. Carl S. Anderson, Respondent-Appellant/cross-Appellee

460 F.3d 789 · Court of Appeals for the Sixth Circuit · Aug 28, 2006

‘clearly established Federal law, as determined by the Supreme Court of the United States.’ ” Williams, 529 U.S. at 390 , 120 S.Ct. 1495 . … Court’s decision finding that counsel did not render deficient performance was contrary to clearly established federal law.

Dorothy Steinhoff v. Patricia R. Harris, Secretary of Health, Education and Welfare

698 F.2d 270 · Court of Appeals for the Sixth Circuit · Jan 17, 1983

As of that date, plaintiff was 48 which, in turn, would qualify her, under the regulation as a “younger individual aged 45-49,” not as one approaching “advanced age.” … Calling this a benefit loses sight of the complementary interest in speedy disposition and finality, clearly intended by Rule 59.

Samuel B. Pollock Jr. And Laura Pollock v. Sandra T. Pollock, Oliver H. Barber, and Luann C. Glidewell

154 F.3d 601 · Court of Appeals for the Sixth Circuit · Oct 16, 1998

Murdock’s home) does not qualify for the telephone extension (or business extension) exemption.”). … Kevin Downs as follows: "The relationship [Sandra] has established with a convicted felon (Mr. Kevin Downs) and her visits to see Mr.

United States v. Harold Wayne Davis

302 F.2d 427 · Court of Appeals for the Sixth Circuit · May 15, 1962

Prior to the date of hearing, the District Judge, on motion of the Government, appointed two qualified psychiatrists—Dr. Trawick and Dr. … This finding is not clearly erroneous and the order of the District Court denying appellant’s motion to vacate sentence is therefore affirmed. 1 .

Hansard v. Barrett

980 F.2d 1059 · Court of Appeals for the Sixth Circuit · Dec 2, 1992

It does not concern or in any way establish a right on the part of any prisoner to earn the credits involved here. … Clearly, then, no protected liberty interest in either good time credits or work opportunities is created by O.R.C. § 2947.151.

Meade v. Pension Appeals And Review Committee

966 F.2d 190 · Court of Appeals for the Sixth Circuit · Jun 4, 1992

In support of his application for total and permanent disability benefits, Meade submitted a notice from the Social Security Administration, indicating that he had been declared a qualifying recipient for Social Security … Clearly, these allegations assert that the defendant has breached its fiduciary duty in the maintenance and disbursement of funds under the plan...." Opinion and Order at 7.

Fred Harry Rogers v. Carol Howes

144 F.3d 990 · Court of Appeals for the Sixth Circuit · May 26, 1998

Because we conclude that retroactive application of M.C.R. 6.508(D)(3) to defendants convicted prior to its enactment does not qualify as an adequate and independent state procedural bar, we reverse the district court’s decision … Although M.C.R. 6.508(D) clearly does serve important state policies, this consideration has nothing to do with whether Michigan followed this rule at the time of petitioner's conviction.

United States v. Alayne B. Adams (87-5388), Mayo L. Coiner (87-5424)

870 F.2d 1140 · Court of Appeals for the Sixth Circuit · Jun 5, 1989

The Constitution confers no such immunity from prosecution. Wayte v. United States, 470 U.S. 598, 614 , 105 S.Ct. 1524, 1584 , 84 L.Ed.2d 547 (1985). … There are times when the judgment of even the most highly qualified and virtuous of prosecutors-perhaps especially they-will yield to an excess of zeal.

Miyazawa v. City of Cincinnati

45 F.3d 126 · Court of Appeals for the Sixth Circuit · Jan 23, 1995

When she is not the object of the government action, standing is not impossible to prove, "but it is ordinarily 'substantially more difficult' to establish." Id. (quoting Allen v. … Under this rationale, Miyazawa clearly does not have standing as she has alleged no specific facts evidencing a disadvantage to herself as an individual

Williams v. London

Court of Appeals for the Sixth Circuit · Jul 8, 2004

Mayor Smith clearly states that this did not motivate his decisio n to term inate Mr. W illiams. In fact, Ma yor Sm ith believed that the letter of reprimand that was p laced in Mr. … This statute allows for the establishment of a utility Statutes, Ordinance 981 also states that the "[m]ayor shall commission as a separate corporate body with the power to make all decisions relating to employment

In Re Carled, Inc., Debtor. Frederick M. Luper, Trustee v. Columbia Gas of Ohio, Inc.

91 F.3d 811 · Court of Appeals for the Sixth Circuit · Aug 2, 1996

To qualify as a voidable preference, a transfer must “(1) benefit a creditor; (2) be on account of antecedent debt; (3) be made while the debtor was insolvent; (4) be made within 90 days before bankruptcy; and (5) enable … It is undisputed that all of the elements required to establish a voidable preference under section 547(b) have been established in this case. See Luper v.

Raymond Tank and Elizabeth Tank v. Commissioner of Internal Revenue

270 F.2d 477 · Court of Appeals for the Sixth Circuit · Sep 18, 1959

Clark’s utilization of this well established scientific procedure serves, in our opinion, only to confirm, or reinforce, his qualification as an expert. The uncontroverted testimony discloses the following: Mr. … Such expert, for example, might conduct his examination by making rather deep, exploratory openings in the earth which might establish a direct cause of cracks in a building.” (Petitioners’ Brief, Appendix, p. 118a.)

United States v. Willie Benton, Jr.

957 F.3d 696 · Court of Appeals for the Sixth Circuit · Apr 30, 2020

In accordance with § 1B1.3(a)(2)’s plain language and its application notes, we have previously read that section as articulating two alternative grounds upon which an offense can qualify as “relevant conduct.” … Benton possessed with intent to distribute four kilograms of powder cocaine with an additional three kilograms of crack cocaine and a firearm upstairs, despite his well-established status as a felon.

Abdulnour v. Campbell Soup Supply Co., LLC

502 F.3d 496 · Court of Appeals for the Sixth Circuit · Sep 19, 2007

A plaintiff must show that: (1) he is a member of a protected class; (2) he was terminated; (3) he was qualified for the position; and (4) he was replaced by a person outside a protected class or was treated differently than … As the district court correctly held, “the record here clearly supports Plaintiffs termination for nondiscriminatory reasons....

In Re Electronic Surveillance. Robert E. Berg v. Michigan Attorney Grievance Commission United States of America

49 F.3d 1188 · Court of Appeals for the Sixth Circuit · Mar 23, 1995

To read the statute otherwise would render the qualifier “of a State” meaningless. … Under the disciplinary system established in Michigan, the Grievance Administrator’s receipt and use of electronic surveillance information would be appropriate to the proper performance of his official duties.

Jerman v. Carlisle, McNellie

Court of Appeals for the Sixth Circuit · Aug 18, 2008

debtor “validation rights can be triggered” under the FDCPA; (2) Defendants’ alleged mistake as to the written-dispute requirement was unintentional and resulted from a bona fide error; and (3) Defendants are absolutely immune … Jerman further argues that had Defendants established any meaningful procedures they would have either (1) sought a formal advisory opinion from the Federal Trade Commission on the “in writing” requirement, or (2) adopted