Case law

John T. Martin v. Edward Perez

319 F.3d 799 · Court of Appeals for the Sixth Circuit · Feb 13, 2003

The Seventh Circuit held that Jones does not qualify for a claim of actual innocence under Section 2255 because it does not state a new rule of constitutional law, merely a new rale of statutory construction. … We now publish this opinion in order to more clearly affirm the authority.

Gregory Construction Company, a Michigan Corporation v. James J. Blanchard, as Governor of the State of Michigan

879 F.2d 864 · Court of Appeals for the Sixth Circuit · Jul 17, 1989

The State refuted Gregory's equal protection and statutory claims and asserted governmental and qualified immunity under the eleventh amendment as an affirmative defense. … The State, in March 1988, again sought dismissal contending that Gregory's action was barred by the eleventh amendment, qualified immunity, and mootness in light of our declaration in Michigan Road Builders, during the pendency

Adremy Dennis v. Betty Mitchell, Warden

354 F.3d 511 · Court of Appeals for the Sixth Circuit · Dec 29, 2003

The district court held that the Ohio Supreme Court reasonably applied clearly established federal law. Dennis v. Mitchell, 68 F.Supp.2d at 889 . … In short, the Ohio Supreme Court’s opinion was not contrary to, nor an unreasonable application of, clearly established Untied States Supreme Court precedent. E.

Crockett Colleries, Inc. v. Barrett

478 F.3d 350 · Court of Appeals for the Sixth Circuit · Feb 16, 2007

Total disability may be proved in one of four ways: (1) qualifying pulmonary function tests; (2) qualifying arterial blood-gas tests; (3) cor pulmonale with right-sided congestive heart failure; or (4) a physician exercising … Although three of the four produced qualifying results, the ALJ found that one of those three tests was invalid.

National Satellite Sports, Inc. v. Eliadis, Inc., D/B/A Melody Lane Lounge, Time Warner Entertainment Company, L.P., D/B/A Time Warner Cable

253 F.3d 900 · Court of Appeals for the Sixth Circuit · Jun 11, 2001

(NSS) had obtained the exclusive right to broadcast the event to commercial establishments in Ohio. … Second, even if we conclude that NSS is not bound by the Coach’s Comer decision, Time Warner argues that NSS does not qualify as a “person aggrieved” under § 605(d)(6).

United States v. Hamad

495 F.3d 241 · Court of Appeals for the Sixth Circuit · Jul 19, 2007

Florida, 430 U.S. 349, 362 , 97 S.Ct. 1197 , 51 L.Ed.2d 393 (1977) (plurality) (qualifying Williams v. … Because Rule 32 does not clearly state that a district court sua sponte may depart upward from an applicable Guidelines sentencing range without providing notice to the defendant we decline to impute such an intention to

United States v. Brown

579 F.3d 672 · Court of Appeals for the Sixth Circuit · Aug 26, 2009

See Frabizio, 459 F.3d at 88 (“one dispute [among the circuits] is ... how many of [Dost ] factors must be present in an image for it to qualify as ‘lascivious’ ”). … The use of the word “intended” seems to establish that the subjective intent of the photographer is relevant. See United States v.

United Steelworkers of America, for Itself and on Behalf of Local 12943 v. The Mead Corporation, Fine Paper Division

21 F.3d 128 · Court of Appeals for the Sixth Circuit · Apr 11, 1994

The agreement includes a promise by the Unión not to strike, and establishes a grievance and arbitration procedure. … Further, this Agreement shall not be amended, changed, altered, or qualified, except by an instrument in writing duly signed by the parties signatory hereto/ In the summer of 1992, while suffering economic difficulties and

Frank EVANS, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee

820 F.2d 161 · Court of Appeals for the Sixth Circuit · Apr 6, 1987

This case presents one issue — whether the medical evidence establishes that Evans’ lung cancer meets or equals the requirements of Listed Impairment 13.14(B), thereby rendering «him disabled and qualifying him for disability … The medical evidence clearly establishes that Evans suffered from a malignant tumor which was excised in September of 1983. Thus, the first element of § 13.14(B) is met.

Shewchun v. Holder

658 F.3d 557 · Court of Appeals for the Sixth Circuit · Sep 8, 2011

Holder Page 8 prima-facie-eligibility] determination, we must defer to the BIA’s gap-filling interpretation as long as it is not clearly erroneous.”). … But this question clearly dealt with USCIS’s initial processing of applications rather than a determination of prima facie eligibility for naturalization under 8 C.F.R. § 1239.2(f).

Donald G. Wexler v. White's Fine Furniture, Inc.

246 F.3d 856 · Court of Appeals for the Sixth Circuit · Apr 19, 2001

Federal law does not immunize elderly workers from all forms of unfair *865 employment treatment per se; rather, it shields them only from unfair treatment incited by age-related prejudice. 11 The defendant’s business judgment … "The ultimate question is whether the employer intentionally discriminated, and proof that the employer’s proffered reason is unpersuasive, or even obviously contrived, does not necessarily establish that the plaintiffs proffered

United States v. Cecil R. Ferguson

989 F.2d 202 · Court of Appeals for the Sixth Circuit · Mar 19, 1993

Crotinger, 928 F.2d at 206 . 21 Based on clearly established precedent in this Circuit, we think the district court committed reversible error by denying Ferguson's motion to suppress. … Conduct arousing suspicion of criminal activity does not immunize a citizen from being stopped for a different, though significant, violation of the law.

Gary William Holt v. Jerry Pitts, Sheriff

619 F.2d 558 · Court of Appeals for the Sixth Circuit · Feb 27, 1980

II We conclude that the district court properly refused to order plaintiff’s production at the August 16 preliminary hearing; nonetheless, we also conclude that the court clearly abused its discretion when it dismissed plaintiff … regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities

Continental Baking Co. v. United States

281 F.2d 137 · Court of Appeals for the Sixth Circuit · Jul 18, 1960

While *145 the offer was not wholly irrelevant to the issues, it was clearly collateral.” 310 U.S. at page 230 , 60 S.Ct. at page 847 (emphasis added). … The objections and argument were predicated on the letters not qualifying under Title 28 U.S.C. § 1732 (a). That argument has been considered and found to be lacking in merit.

Roberts v. Galen of Virginia, Inc.

325 F.3d 776 · Court of Appeals for the Sixth Circuit · Apr 9, 2003

We agree with the district court and hold that Nancy Fred can qualify for the exception in Fed.R.Evid. 615(2). … Having established error in the instructions, Roberts cannot, however, prove prejudice.

United States v. Branham

97 F.3d 835 · Court of Appeals for the Sixth Circuit · Oct 4, 1996

Accordingly, we hold that Allen has failed to establish prosecutorial vindictiveness. B. … But in this case, he clearly perjured himself....

Patrick A. Engler v. The Township of Spring Valley, Stanley C. Vint, Sgt., Individually and as Officer and Agent of the State of Ohio

924 F.2d 1057 · Court of Appeals for the Sixth Circuit · Feb 7, 1991

From the orders denying a motion for summary judgment based upon qualified immunity within the meaning of Harlow v. Fitzgerald, 457 U.S. 800 (1982), and Anderson v. … This is not to say that defendant Vint must as a matter of law be found after trial to have been altogether without a qualified immunity.

Jordan v. Dellway Villa Of Tenn., Ltd.

661 F.2d 588 · Court of Appeals for the Sixth Circuit · Oct 19, 1981

The credible proof clearly supports this finding. … However, there was no effort to establish an order of preference based on date of application or date of receipt." Appendix at 52.

United States v. Shaver

89 F. App'x 529 · Court of Appeals for the Sixth Circuit · Feb 27, 2004

In the alternative, he appeals his sentence as based on clearly erroneous findings of fact. We affirm the jury verdict and the sentence of the district court. … These findings were not clearly erroneous and must be sustained upon review. B.

Mineer v. Fleming County

50 F.3d 10 · Court of Appeals for the Sixth Circuit · Mar 15, 1995

Since the proceeding in the district court focused on qualified immunity, this question was never definitively answered. … Immunity," did not become the opinion of the court 3 The County, of course, cannot claim qualified or good faith immunity as did the individual defendants