Case law

United States v. Fred Golson, Jr.

95 F.4th 456 · Court of Appeals for the Sixth Circuit · Mar 11, 2024

So it’s—I was going 50—it clearly said I was a passenger, that front seat passenger.” (R. 56, PageID 252). … But this opaque reference does little to establish that Golson’s challenge was based on his status as a passenger.

Meghan Creech v. Charles Pater

701 F. App'x 456 · Court of Appeals for the Sixth Circuit · Jul 13, 2017

But Creech thereafter consented to the dismissal of that claim. 2 Detective Crouch also argues on appeal that if his conduct violated the Fourth Amendment, it did not violate “clearly established law,” … absolutely immune from liability for their judicial acts.” Briscoe v. LaHue, 460 U.S. 325, 334 (1983).

Bradley v. Austin

841 F.2d 1288 · Court of Appeals for the Sixth Circuit · Mar 21, 1988

The Conference version of DEFRA was identical to the Senate version with one added modification, i.e., “a monthly disregard of $50 of child support received by a family [was] established.” … Thus, Congress clearly intended to prohibit the prior practice of excluding siblings with income and resources from the family filing unit in order to allow other family members to qualify for AFDC benefits.

Daniel C. Cadle v. City of Newton Falls, Ohio

961 F.2d 1576 · Court of Appeals for the Sixth Circuit · May 1, 1992

immunity from Cadle's fourth amendment claims. … Therefore, they are entitled to qualified immunity. III. 41 For the above reasons, we AFFIRM the judgment of the Honorable David D.

Anthony Boone v. Phillip Spurgess A/K/A Philip Spurgus

385 F.3d 923 · Court of Appeals for the Sixth Circuit · Oct 4, 2004

Boone testified that he “rememberfs] ... clearly” that the .45 was not exposed at that time. Joint Appendix (“J.A.”) at 136 (Dep. of Anthony Boone). … They moved for summary judgment both on the merits and on the basis of qualified immunity; the motions for summary judgment on the merits were granted. II. ANALYSIS A.

Luke Waid v. Richard Snyder

Court of Appeals for the Sixth Circuit · Mar 17, 2023

R. 1993. 3 As defined in the Amended Settlement Agreement, the “FWC Qualified Settlement Fund” is “a fund established within the meaning of Treas. … R. 1394-2, PID 54130. 4 The Programmatic Relief Sub-Qualified Settlement Fund was established “to enable the local school districts and public school academies within the Genesee Intermediate School District

International Union, United Automobile, Aerospace and Agricultural Implement Workers of America v. State of Michigan

886 F.2d 766 · Court of Appeals for the Sixth Circuit · Nov 29, 1989

An employer must be allowed to pay the wages necessary for it to compete in the marketplace for qualified applicants. … As these findings are not clearly erroneous, and constitute legitimate business reasons, there is no need to remand for further proceedings.

Collins v. Pioneer Title Insurance

629 F.2d 429 · Court of Appeals for the Sixth Circuit · Jul 16, 1980

The standard for materiality was established by the Tennessee legislature. … Here the pressures from two clients to secure a policy of title insurance and to secure one without exception for Chalupsky’s claim, which Abies knew would not be issued if Pioneer was informed of the claim, clearly make

United States v. Cortez Blake

Court of Appeals for the Sixth Circuit · Feb 5, 2026

Instead, Blake disputes whether the four remaining messages qualify as statements against penal interest. Gov’t Exh. 76c, R. 442, PageID 5197–98 (Statements 31, 33, 35, 36). … But the evidence of Blake’s actions discussed above is enough to establish that he aided and abetted the kidnapping.

Allen v. Hawley

74 F. App'x 457 · Court of Appeals for the Sixth Circuit · Aug 7, 2003

Yet Williams explicitly rejected the view, adopted by the Fourth Circuit, that an “unreasonable application of’ clearly established federal law requires that the application be one that all reasonable jurists would agree … Habeas relief is appropriate if a state court decision is “contrary to ... clearly established Federal law, as determined by the Supreme Court.” 28 U.S.C. § 2254 (d)(1).

United States v. Pritchett

40 F. App'x 901 · Court of Appeals for the Sixth Circuit · Jul 9, 2002

“Although material omissions are not immune from inquiry under Franks , we have recognized that an affidavit which omits potentially exculpatory information is less likely to present a question of impermissible official misconduct … Pritchett’s sentence clearly does not exceed the statutory maximum for the crime charged; it is exactly equal to the statutory maximum.

David Moore v. John Deere Health Care Plan, Inc

492 F. App'x 632 · Court of Appeals for the Sixth Circuit · Jul 25, 2012

The HCQIA “The HCQIA was passed in 1986 to provide for effective peer review and interstate monitoring of incompetent physicians, and to grant qualified immunity from damages for those who participate in peer review … Similarly, the TPRL establishes a rebuttable presumption that covered peer review participants are entitled to immunity with respect to their covered actions. Tenn. Code Ann. § 63-6-219(d)(3) (2010) (repealed eff.

United States v. Kenneth Valentine

694 F.3d 665 · Court of Appeals for the Sixth Circuit · Sep 12, 2012

Accordingly, we reject Defendants’ argument that Judge Enslen’s statements qualify as a specific finding of quantity; Judge 3 Defendants contend that despite the 1.5-kilogram threshold, Judge Enslen … “A court’s approximation of the amount of drugs involved in a particular case is not clearly erroneous if supported by competent evidence in the record.”

James Tyree Ralph, Jr., a Minor Suing by His Next Friend and Mother, Wei C. Ralph v. Huba Nagy, M.D.

950 F.2d 326 · Court of Appeals for the Sixth Circuit · Feb 5, 1992

Plaintiff clearly wished to have the jury infer that the hospital employee had interrupted her conversation with Mrs. Ralph in order to telephone defendant to establish the appointment time. … Tenn.Code Ann. § 29-26-115(b) provides: "No person in a health care profession requiring licensure under the laws of this state shall be competent to testify in any court of law to establish the facts required to be established

Sead Pilica v. John Ashcroft

388 F.3d 941 · Court of Appeals for the Sixth Circuit · Nov 15, 2004

In order to demonstrate that he qualifies as a refugee, an alien must establish either that he has suffered actual past persecution or that he has a well-founded fear of future persecution. Mikhailevitch v. … Since Petitioner has not established entitlement to asylum, he clearly has not made the stronger showing necessary for withholding of removal pursuant to INA § 241(b)(3).

Southern Milk Sales, Inc. v. Don Martin, T.C. Jacoby & Company, Inc., and Northshore Milk Producers Association

924 F.2d 98 · Court of Appeals for the Sixth Circuit · Jan 22, 1991

Article III, § 2 of the United States Constitution grants Congress the power to establish a federal court system. … The district court’s ' findings are not clearly erroneous. Its denial of a preliminary injunction was well within the bounds of discretion that the law confers on a trial judge.

United States v. Sergio Gonzales, A/K/A Sergio Gonzalez

929 F.2d 213 · Court of Appeals for the Sixth Circuit · Apr 3, 1991

The prosecution bears the burden of establishing the amount of cocaine (for sentencing purposes) by a preponderance of the evidence. United States v. Moreno, 899 F.2d 465, 473 (6th Cir.1990). … There can, of course, be more than one person who qualifies as a leader or organizer of a criminal association or conspiracy. United States Sentencing Commission, Guidelines Manual, § 3B1.1, comment, (n. 3) (Nov. 1989).

Robert W. Hamlin Jeanne E. Hamlin v. Charter Township of Flint Charter Township of Flint Fire Department Sally Shaheen Joseph Greg Wright, (97-1026). Robert W. Hamlin, (97-2105)/cross-Appellee, Jeanne E. Hamlin v. Charter Township of Flint Charter Township of Flint Fire Department Sally Shaheen Joseph Greg Wright, Defendants-Appellees/cross-Appellants (97-2129)

165 F.3d 426 · Court of Appeals for the Sixth Circuit · Jan 8, 1999

Hamlin therefore claims that he presented sufficient evidence at trial to establish his prima facie case, thus shifting the burden to Flint of establishing that firefighting is an essential function of the Assistant Fire … Such a shift is clearly unwarranted because it allows a plaintiff to avoid making his or her prima facie case." Id.

Beck-Wilson v. Principi

Court of Appeals for the Sixth Circuit · Mar 17, 2006

Thus the district court’s grant of the VA’s motion for summary judgment can be upheld “only if the record shows that [the VA] established the defense so clearly that no rational jury could have found to the contrary.” … We do not agree that the VA has established this defense so clearly.

United States v. Underhill

813 F.2d 105 · Court of Appeals for the Sixth Circuit · Mar 6, 1987

The government argues that Congress did not intend to permit lawbreakers to immunize themselves from prosecution by their own acts, the criminal purpose of which made the interceptions illegal. … If Person were a mere “customer” of the gambling establishment, this argument would be worthy of consideration.