Case law

United States v. Herman Franks, (Two Cases). United States of America v. Max Britton, (Two Cases). United States of America v. Boyce Mitchell

511 F.2d 25 · Court of Appeals for the Sixth Circuit · Jun 23, 1975

Dowdy, 479 F.2d 213, 229 (4th Cir.), cert. denied, 414 U.S. 823 , 94 S.Ct. 124 , 38 L.Ed.2d 56 (1973) (pressure of potential indictment and promise of immunity insufficient to vitiate consent); United States v. … Clearly the district court had jurisdiction over the charge that Mitchell unlawfully caused the blasting caps to be transported from Mississippi to Memphis, Tennessee, Lord v.

National Labor Relations Board v. Knight Morley Corporation

251 F.2d 753 · Court of Appeals for the Sixth Circuit · Feb 13, 1958

Fredrick was highly qualified, having been a past officer of the American Industrial Hygiene Association, a fellow of the American Public Health Association and past president of its Industrial Hygiene section, a member of … It was clearly shown that the failure of the blower directly affected not only the accumulation of dust, grit, and dangerous abrasives, but also the temperature and humidity in the buffing room.

Susan Stemler, William Chipman, Administrator of the Estate of Conni Black, Plaintiff-Appellant/cross-Appellee, Randy Black, Legal Guardian of Shianne Black, Intervenor-Appellant/cross-Appellee v. Florence, City of Florence, Bobby Joe Wince, in His Official Capacity as an Officer of the Florence Police Department John Dolan, in His Official Capacity as an Officer of the Florence Police Department Thomas Dusing, in His Official Capacity as an Officer of the Florence Police Department, Defendants-Appellees/cross-Appellants, Ron Kenner, in His Official Capacity as Boone County Sheriff, Susan Stemler, Randy Black, Intervenor-Appellee v. Florence, City of Florence, Bobby Joe Wince, in His Official Capacity as an Officer of the Florence Police Department John Dolan, in His Official Capacity as an Officer of the Florence Police Department Thomas Dusing, in His Official Capacity as an Officer of the Florence Police Department, Defendants-Appellants/cross-Appellees

350 F.3d 578 · Court of Appeals for the Sixth Circuit · Feb 20, 2004

The district court granted the individual officers' motions to dismiss under Federal Rule of Civil Procedure 12(b)(6), for failure to state a claim, on the ground of qualified immunity. … The district court granted the officers' Rule 12(b)(6) motions to dismiss on the ground of qualified immunity. The district court then consolidated her case with Chipman's and awarded summary judgment to Florence.

Stewart M. Turner v. Allstate Insurance Company

902 F.2d 1208 · Court of Appeals for the Sixth Circuit · Jun 18, 1990

The latter, on the other hand, had to establish, by a similar burden, its claim, equivalent to fraud, for damages. … held: “The general rule is that the burden of proof lies on the party who ‘makes the averment even though it be a negative one.’ ” In a case tried by the circuit judge without a jury we do not reverse unless the evidence clearly

Abu-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.

Mccurry v. Adventist Health System/Sunbelt, Inc.

298 F.3d 586 · Court of Appeals for the Sixth Circuit · Aug 7, 2002

Clearly, there has been no unequivocal waiver of Mrs. … Through their Rule 60(b) motion, McCurry and Turner sought to establish this complete identity by joining Ms.

Patricia Bolden v. City of Euclid

595 F. App'x 464 · Court of Appeals for the Sixth Circuit · Dec 8, 2014

Normally, such a conflict in the evidence would preclude a finding of qualified immunity and the differences would be left to the factfinder to assess whether or not probable cause existed to search and seize Plaintiffs and … Alternatively, the district court held that Officer Doyle is entitled to immunity under state law. Plaintiffs only challenge Officer Doyle’s entitlement to immunity.

United 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 ■ .

Moniz v. Hines

92 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.

United States v. Manuel Hernandez (98-1239/2298), Oscar Solis (99-1616)

227 F.3d 686 · Court of Appeals for the Sixth Circuit · Sep 26, 2000

He claims that such review, which he asserts would result in a decision that his guilty verdict was “against the great weight of the evidence presented at trial so as to be clearly wrong and unjust,” is necessary in this … As discussed above, in this case the government presented adequate evidence apart from Reyna’s out-of-court statements to establish that Solis participated in the marijuana conspiracy scheme.

United States v. Harvey Lloyd Napier

233 F.3d 394 · Court of Appeals for the Sixth Circuit · Nov 21, 2000

It is well-established that the Second Amendment does not create an individual right. … The Supreme Court clearly reiterated in Lewis v.

United States v. Alicio M. Sanchez (89-2432) and Reinaldo Cubilla (89-2433)

928 F.2d 1450 · Court of Appeals for the Sixth Circuit · Mar 28, 1991

States Courts, shall utilize the services of the most available certified interpreter, or when no certified interpreter is reasonably available, as determined by the presiding judicial officer, the services of an otherwise qualified … The adjustment should be applied if the weapon was present, unless it is clearly improbable that the weapon was connected with the offense.

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.

United States v. Palacios-Suarez

Court of Appeals for the Sixth Circuit · Jul 22, 2005

Palacios-Suarez Page 5 could not have been written more clearly than it was.” Id. at 1342 (Canby, J. dissenting). … Current law clearly renders an alien convicted of a Federal drug trafficking offense an aggravated felon.

Thomas W. Jones, Etc. v. Edgar M. Branigin

433 F.2d 576 · Court of Appeals for the Sixth Circuit · Oct 21, 1970

The complaint alleges that the Plaintiff is a registered and qualified elector of the County and State whose constitutional rights have been and are being violated as a result of the enforcement of the present election system … The federal constitutional standard for state legislative districting schemes is that there be substantial equality of population among the districts established by the legislature.

Myers 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.

Summit County Democratic Central and Executive Committee v. J. Kenneth Blackwell, Matthew Heider Sam Ewing Elizabeth Coombe David Timms, Defendants-Intervenors-Appellants. Marian Spencer v. J. Kenneth Blackwell, Clara Pugh Sam Malone Charles Winburn, Defendants-Intervenors-Appellants

388 F.3d 547 · Court of Appeals for the Sixth Circuit · Nov 2, 2004

elector, who shall serve as challenger for such party or such candidates during the casting of the ballots, and one person, a qualified elector, who shall serve as witness during the counting of the ballots; provided that … But our standard of review clearly indicates that in cases where the evidence is "questionable," we will defer to the reasoned discretion of the district court. 29 The burden on the right to vote is evident.

United States v. Joseph Marshall

954 F.3d 823 · Court of Appeals for the Sixth Circuit · Mar 26, 2020

Only “[i]f the Legislature clearly states that a prescription counts as jurisdictional,” the Court explained, may we treat it as a limit on our subject-matter jurisdiction. … He identifies three types of errors in the district court’s decision that might qualify as a “violation of law.”

Fatoumata Sira Bah v. Alberto R. Gonzales

462 F.3d 637 · Court of Appeals for the Sixth Circuit · Sep 8, 2006

Forced abortion is clearly persecution under the case law, even before the Act incorporated it. … This determination is contrary to the established law of the Sixth Circuit.

Sylvia James v. Hilliard Hampton

513 F. App'x 471 · Court of Appeals for the Sixth Circuit · Jan 30, 2013

While we agree that this case qualifies for Younger abstention, we nonetheless reverse the district court’s dismissal. … They alternatively argue that Eleventh Amendment immunity protects them from suit.