Case law

Burnette v. Gee

137 F. App'x 806 · Court of Appeals for the Sixth Circuit · Jun 21, 2005

Gee qualified immunity. Plaintiffs timely appealed to this court the district court’s grant of summary judgment. We have jurisdiction over the district court’s final judgment under 28 U.S.C. § 1291. II. … Katz, 533 U.S. 194, 201 (2001) (“If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.”).

Alexander v. Local 496

177 F.3d 394 · Court of Appeals for the Sixth Circuit · Jun 30, 1999

with regard to disparate treatment was not clearly erroneous. … Thus, findings with regard to the evidence necessary to establish a prima facie case of employment discrimination are reviewed under the clearly erroneous standard.

Philecia Barnes v. City of Cincinnati

401 F.3d 729 · Court of Appeals for the Sixth Circuit · Mar 22, 2005

In order to establish a claim of sex discrimination, a plaintiff must demonstrate that (1) he is a member of a protected class; (2) he applied and was qualified for a promotion; (3) he was considered for and denied the promotion … The jury was free to believe or disbelieve the City’s explanation that Barnes was demoted because he was not qualified to fill the role of sergeant.

Ohio Contractors Ass'n v. Keip

713 F.2d 167 · Court of Appeals for the Sixth Circuit · Jul 12, 1983

While Bakke and Fullilove clearly allow a certain amount of latitude in remedial plans, even at the expense of color-blind treatment, I do not believe they support legislation such as this, which contains no durational limitation … To qualify as a constitutionally permissible means of ameliorating the effects of identified past discrimination, this type of remedy must be “reasonably necessary” or “substantially related to the achievement of its remedial

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 … The majority correctly recognizes that, like subsection (6), this clearly impacts on First Amendment associational rights.

United States v. Paulino

935 F.2d 739 · Court of Appeals for the Sixth Circuit · Jun 3, 1991

At least 1/4 kilogram was qualified as attributable to Vieyra. Chazulle was caught with 1 1/2 kilograms. These quantities alone add up to more than five kilograms. … We therefore find that the district court's ruling in this regard was not clearly erroneous.

United States v. Kenneth Clemons

38 F.3d 1217 · Court of Appeals for the Sixth Circuit · Oct 21, 1994

38 F.3d 1217 NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished … Notice of Enhancement 8 Prior to trial, the government filed a notice indicating that Clemons qualified for sentence enhancement under the ACCA. The notice listed three prior convictions.

Jacob Julick v. Scott Jordan

Court of Appeals for the Sixth Circuit · Aug 21, 2026

And finally, they noted that qualified immunity protected them because they hadn’t violated clearly established law. The district court granted summary judgment without addressing every argument. … McCrary, 273 F.3d 693, 698–99, 711 (6th Cir. 2001) (denying qualified immunity when a prisoner hanged himself with a bed sheet). iv.

Kinnard v. Rutherford County Board of Education

109 F. App'x 85 · Court of Appeals for the Sixth Circuit · Sep 2, 2004

“The burden of establishing a prima facie case in a retaliation action is not onerous, but one easily met.” Id. … “Once a prima facie case is established, the burden of producing some non-discriminatory reason falls upon the defendant.” Id.

United States v. Farrelly

Court of Appeals for the Sixth Circuit · Oct 25, 2004

“To qualify for this reduction, Defendants [are] required to show by a preponderance of the evidence that they had accepted responsibility for the crime committed.” United States v. … In this case, although Farrelly viewed the images on the Internet, he did not save, print, or download them to qualify as possession.

City of Toledo v. Toledo Rys. & Light Co.

259 F. 450 · Court of Appeals for the Sixth Circuit · Jun 4, 1919

result with the more confidence because the case is one of those where, if the defendant did not intend any unlawful act an injunction would do it no harm, save as a matter of costs and save as to its abstract right to immunity … The judgment creditors’ bill filed against the company, and, by amendment, against the city and the company, clearly presented a sufficent case of diverse citizenship.

Mehr v. Starwood Hotels & Resorts Worldwide, Inc.

72 F. App'x 276 · Court of Appeals for the Sixth Circuit · Jul 23, 2003

Failure to Promote In order to establish a prima facie case of failure to promote. … she was qualified for the position, and 4) that she was replaced by someone outside of the protected class.

Dimond Rigging Co. v. BDP Int'l, Inc.

914 F.3d 435 · Court of Appeals for the Sixth Circuit · Jan 25, 2019

Parties may extend COGSA by “adding provisions to bills of lading extending the COGSA 11Dimond insists that “the carrier clearly states that Dimond is NOT and was not the shipper in this case.” … COGSA establishes “particularized duties and obligations upon, and grants stated immunities” to carriers. Robert C. Herd & Co. v. Krawill Mach. Corp., 359 U.S. 297, 301 (1959).

United States v. Roach

502 F.3d 425 · Court of Appeals for the Sixth Circuit · Sep 11, 2007

These questions were clearly designed to clarify Landers’s vague and equivocal response to questions about the make and model of *443 police patrol cars and how many had light-bars on their roofs. … But this lack of elaboration does not by itself establish that the superseding indictment was motivated by prosecutorial vindictiveness.

Davie v. Mitchell

547 F.3d 297 · Court of Appeals for the Sixth Circuit · Nov 12, 2008

Instead of asking whether the state court’s application was erroneous, “a federal habeas court making the ‘unreasonable application’ inquiry should ask whether the state court’s application of clearly established federal … For a state court not to anticipate the holdings of subsequent circuit cases dealing with less explicit instructions can hardly amount to an unreasonable application of clearly established Supreme Court law.

Mph TN Area Local v. H B Phillips

Court of Appeals for the Sixth Circuit · Mar 24, 2004

F.2d 1288 (6th Cir. 1988). (6th Cir. 2000) (“If a private party has conspired with state officials to violate constitutional rights, then that party In the present complaint, all of the elements of conspiracy qualifies … holding that individuals who conspire with shared in the general conspiratorial objective (“to deprive [the state actor to deprive individuals of their federally-protected Union] of its rights, privileges and immunities

United States v. Phillip Ray Jeter

775 F.2d 670 · Court of Appeals for the Sixth Circuit · Oct 11, 1985

WHETHER THE GOVERNMENT ESTABLISHED THE REQUISITE ELEMENTS OF THE CONSPIRACY COUNT. … In either case, an actor wishing to engage in privileged activity is inhibited by doubt as to his immunity from statutory burdens. 83 Harv.L.Rev. at 871 n. 104. .

American Music Stores v. Kussel

232 F. 306 · Court of Appeals for the Sixth Circuit · Mar 17, 1916

"If you find it ought not, in reason, to have been satisfied — and this tho defendant must establish by a preponderance of the evidence — then your verdict will be for the defendant. … “The agreement is clearly within the rule laid down in Tyler v. Ames, 6 Lans. [N.

Palmer W. Collins and H. L. Clark, Iii, and William M. Ables, Jr. v. Pioneer Title Insurance Co., Palmer W. Collins and H. L. Clark, III v. Pioneer National Title Insurance Co., and William M. Ables, Jr.

629 F.2d 429 · Court of Appeals for the Sixth Circuit · Sep 10, 1980

It is well-established in Tennessee law that one who is himself guilty of inequitable, immoral, or fraudulent conduct cannot maintain a claim concerning the same matter against another for similar actions. … Here the pressures from two clients to secure a policy of title insurance and to secure one without exception for Chalupsky's claim, which Ables knew would not be issued if Pioneer was informed of the claim, clearly make

Robert L. Musto v. American General Corporation

861 F.2d 897 · Court of Appeals for the Sixth Circuit · Nov 15, 1988

This was one-half the total cost of providing private medical insurance for people who, because they were 65 or older, qualified for the federal government’s Medicare program. … Whatever statutory housekeeping responsibilities the company may have had with regard to the insurance policies, moreover, the company clearly had a duty to pay insurance benefits to those who qualified for such benefits