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Court of Appeals for the Sixth Circuit · Sep 9, 2004
The student does not qualify for [b]ehavior was an on-going problem and I felt like during the extended school year services. … We further note that even if Jason’s parents throughout the year and that without such services, the could have established the need for ESY, the record clearly student would inevitably
Cited 0 timesPublished92 F. App'x 208 · Court of Appeals for the Sixth Circuit · Feb 10, 2004
The policy or custom must originate from the “official or officials responsible for establishing final policy with respect to the subject matter in question.” Pembaur, 475 U.S. at 483 . … Clearly. § 1915 proscribes a district court from permitting a plaintiff to amend his complaint to avoid its dismissal under § 1915(e)(2) in the first instance.
Cited 10 timesPublishedCharles L. Lambert v. V. Nyland
833 F.2d 1012 · Court of Appeals for the Sixth Circuit · Nov 10, 1987
The relief plaintiff sought is barred by the doctrine of sovereign immunity. Plaintiff here is attempting to hold defendant liable for acts done in her official capacity. … immunity because plaintiff has not shown that defendant's conduct violated a clearly established statutory or constitutional right.
Cited 0 timesUnpublished447 F.3d 461 · Court of Appeals for the Sixth Circuit · May 5, 2006
In a bankruptcy case on appeal from a district court, we owe no special deference to the district court’s decision and review “the bankruptcy court’s legal conclusions de novo and uphold its factual findings unless clearly … Megafoods Stores (In re Megafoods Stores), 163 F.3d 1063 , 1071 (9th Cir.1998), it does permit the parties to establish a bar date by which time all administrative expenses must be asserted against the debtor or face discharge
Cited 42 timesPublished592 F.3d 700 · Court of Appeals for the Sixth Circuit · Jan 25, 2010
Kellermann committed fraud, his convictions cannot be deemed to qualify as CIMTs based on this record. … The indictment clearly shows that the petitioner was convicted of crimes that contained the element of fraud.
Abrogated on other grounds by Sellers v. Lynch, 630 F. App'x 464 (2015)Cited 23 timesPublished517 F.3d 421 · Court of Appeals for the Sixth Circuit · Feb 22, 2008
If, per Samson , the totality of the circumstances test affords sufficient assurance of the reasonableness of a suspicionless search of a parolee, who has less diminished privacy rights than a prisoner, then it clearly affords … Hence, even if we were free to depart from the precedent established in Conley , we have been presented no persuasive reason to do so.
Cited 42 timesPublished165 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.
Cited 0 timesPublishedUnited States v. Sean Meacham (93-1692) and Ramone Botello (93-1768)
27 F.3d 214 · Court of Appeals for the Sixth Circuit · Jun 15, 1994
We thus conclude that the district court’s finding on this issue was not clearly erroneous. IV We turn now to Botello’s final challenge to his sentence. … In light of these well established principles, the Gall court concluded that the government is not entitled to recoup drug “buy money” from a defendant. Id.
Cited 65 timesPublishedAllied Construction Industries v. City of Cincinnati
879 F.3d 215 · Court of Appeals for the Sixth Circuit · Jan 4, 2018
We next turn to the question of assessing whether particular municipal conduct qualifies as market participation. B. … As discussed above, we decline to resolve the narrow-tailoring inquiry at step two because step one of Cardinal Towing established that the City was acting as a proprietor, rather than a regulator.
Cited 3 timesPublishedScott Creech v. Ohio Dep't of Rehabilitation
Court of Appeals for the Sixth Circuit · Sep 13, 2022
On appeal, ODRC argues that that Creech failed to establish that providing a cane was a reasonable accommodation where the cane was removed based on the medical opinion of a duly qualified medical professional; and that … Although the district court’s merits decision was clearly supported by law and the record, the district court should have confined its inquiry to the reasonable accommodation analysis. See Zibbell v.
Cited 0 timesUnpublishedUnited States v. Daahir Caseer
399 F.3d 828 · Court of Appeals for the Sixth Circuit · Feb 28, 2005
As the majority correctly notes, the regulation on its face explicitly establishes cathinone as a Schedule I controlled substance. The majority nevertheless finds a “latent vagueness” in the regulation. … Yet if the Act falls by reason of vagueness so far as due process of law is concerned, there would seem to be a similar lack of specificity when the privileges and immunities clause ... and the equal protection clause ■ .
Cited 56 timesPublishedMyers v. Director, Office of Workers' Compensation Programs
20 F. App'x 301 · Court of Appeals for the Sixth Circuit · Sep 17, 2001
The ALJ found that Myers had ten years of qualifying coal mine employment and a 40 pack-year history of cigarette smoking. … Gimenez clearly states that “it is my diagnosis that the patient suffers from severe chronic obstructive pulmonary disease and fibrosis.
Cited 0 timesPublishedWard v. First Nat. Bank of Ironton
202 F. 609 · Court of Appeals for the Sixth Circuit · Feb 14, 1913
On November 18, 1904, Ward was elected and qualified as the trustee of the bankrupt. To Ward, as receiver, Culbertson turned over the estate of the bankrupt. … The diagram of the premises furnished by the bankrupt clearly showed the number and location of every tagged pile.
Cited 33 timesPublishedMyron Kukalo v. Eric Holder, Jr.
Court of Appeals for the Sixth Circuit · May 19, 2011
In order to qualify for asylum, the Kukalos must establish that they qualify as refugees “‘either because [they have] suffered actual past persecution or because [they have] a well- founded fear of future persecution.’ … Thus, we find that the Kukalos have clearly missed the 180-day mark.
Cited 0 timesPublished176 F.2d 385 · Court of Appeals for the Sixth Circuit · Jul 25, 1949
The Board said that the legislative history indicates that the broad scope implied in a literal construction of the authority “responsibly to direct” was not intended by Congress, but rather that a specific qualified meaning … We think that the Board as a matter of law clearly erred in this decision.
Cited 77 timesPublished345 F. App'x 981 · Court of Appeals for the Sixth Circuit · Sep 29, 2009
It is well established that prisoners have a constitutional right to file grievances against correctional employees. Herron v. Harrison, 203 F.3d 410, 415 (6th Cir. 2000). … In an appeal from the denial of qualified immunity in a prison retaliation case, we noted that precedent “clearly establishes that the mere potential threat of disciplinary sanctions is sufficiently adverse action to support
Cited 150 timesUnpublishedGerald L. Hendricks v. Gerald F. Miller
822 F.2d 1088 · Court of Appeals for the Sixth Circuit · Jul 13, 1987
However, we're stating he is also immune due to qualified immunity and the fact that the lack of state remedies has not been plead under [Vicory v. … However, appeals from the denial of qualified immunity claims are subject to 'the same temporal limitations that are applicable generally to the perfection of appeals.
Cited 0 timesUnpublishedAbu-Ali Abdur'Rahman v. Wayne Carpenter
805 F.3d 710 · Court of Appeals for the Sixth Circuit · Nov 4, 2015
As an initial matter, I concur with the majority in its conclusion that the district court clearly erred in dismissing Abdur’Rahman’s Rule 60(b) motion on the basis that Martinez v. … Assuming the cumulative error claim is .a claim for ineffectiveness of trial counsel, it was clearly procedurally defaulted.
Cited 63 timesPublishedRobert Carl Foley v. Philip Parker, Warden, Kentucky State Penitentiary
488 F.3d 377 · Court of Appeals for the Sixth Circuit · May 17, 2007
established federal law. … Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), was contrary to, or involved an unreasonable application of, clearly established federal law as determined by the Supreme Court.
Cited 59 timesPublished555 F.3d 254 · Court of Appeals for the Sixth Circuit · Feb 11, 2009
That most jurors found the factor not established clearly indicates that they did not view the established fact of Lawrence’s humanity as carrying, in and of itself, any mitigating weight. … Here, too, the bottom line verdicts on the two counts are clearly unanimous.
Cited 45 timesPublished
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