Case law

Communities For Equity v. Michigan High School Athletic Association, Inc.

377 F.3d 504 · Court of Appeals for the Sixth Circuit · Jul 27, 2004

The district court's findings of fact, on the other hand, will not be set aside unless they are determined to be clearly erroneous. Berger v. Medina City Sch. Dist., 348 F.3d 513 , 519 (6th Cir.2003). B. … State action 50 The Fourteenth Amendment to the United States Constitution provides that "[n]o State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall

Marty O'Shea Franklin, Cross-Appellant v. Max Aycock, Cross-Appellees

795 F.2d 1253 · Court of Appeals for the Sixth Circuit · Jul 15, 1986

The defendants assert that the district court’s finding that Franklin was beaten is clearly erroneous. … Accordingly, we hold that the district court’s finding that Franklin was beaten is not clearly erroneous.

Saltire Industrial, Inc. v. Waller, Lansden, Dortch & Davis, PLLC

491 F.3d 522 · Court of Appeals for the Sixth Circuit · Jun 19, 2007

According to Saltire, the IDB was entitled to immunity from suit under Tennessee state law, but the IDB never moved to dismiss on this ground. … Clearly the first and second categories listed above do not apply because no fiduciary or contractual relationship existed between the two parties.

Yolanda Chigano v. City of Knoxville

529 F. App'x 753 · Court of Appeals for the Sixth Circuit · Jul 10, 2013

Because Hatcher and Bianucci raised a qualified immunity defense, Plaintiffs must first show that Hatcher and Bianucci violated one of M.C.’s constitutional rights and that such right was clearly established. … Clearly Established Right The court need not determine whether the constitutional right asserted was clearly established because there was no finding of a constitutional violation.

Crown Cork & Seal Company, Inc. v. Morton Pharmaceuticals, Inc.

417 F.2d 921 · Court of Appeals for the Sixth Circuit · Sep 30, 1969

The District Court’s ruling was clearly correct. … This ruling was clearly erroneous.

United States v. Bullock

526 F.3d 312 · Court of Appeals for the Sixth Circuit · May 22, 2008

Rather, a district court can only apply the enhancement if the government “establishes], by a preponderance of the evidence, a nexus between the firearm and an independent felony.” United States v. … qualifying federal offense of threatening to kill a Member of the United States Congress.

James Traficant, Jr. v. Commissioner of Internal Revenue Service

884 F.2d 258 · Court of Appeals for the Sixth Circuit · Aug 29, 1989

The agents then played the first tape and told Traficant that they would seek to obtain immunity for him if he would cooperate with them in investigating allegations that he had accepted bribes from organized crime figures … There is specific testimony that deliveries of cash from the Carabbias were diverted from the campaign’s established accounting procedures. R. 77 at 350-51.

Northern Ohio Lung Ass'n v. Environmental Protection Agency

572 F.2d 1143 · Court of Appeals for the Sixth Circuit · Feb 2, 1978

By reviewing the data presented for his consideration and clearly articulating his conclusion, the Administrator acted within the scope of his discretion. … At the time of the Administrator’s approval of the revised attainment date, September 23, 1976, the Clean Air Act enumerated eight criteria which an SIP had to meet to qualify for approval.

Jelovsek v. Bredesen

545 F.3d 431 · Court of Appeals for the Sixth Circuit · Oct 24, 2008

Likewise, Tennessee’s decision to adhere to a three-tier distribution system is immune from direct challenge on Commerce Clause grounds. … Likewise, the effect ... is clearly discriminatory, in that it applies only to locally produced beverages.... ” Id. at 271 , 104 S.Ct. 3049 .

Kathy Thomas, Personal Representative of the Estate of Martin Duane Thomas, Deceased v. Tennessee Valley Authority

769 F.2d 367 · Court of Appeals for the Sixth Circuit · Aug 2, 1985

But the widow’s action to recover damages for her husband’s death is clearly a tort claim alleging TVA’s knowledge of a risk and assumption of a duty and a claim that TVA failed to take or immediately to require Jones to … The humane rule which Haddad establishes is that when members of the general public enlist the services of specially qualified persons to determine whether potentially dangerous substances do in fact constitute a danger,

Term Auto Sales, Inc. v. City of Cleveland

958 F.2d 372 · Court of Appeals for the Sixth Circuit · Mar 19, 1992

On April 8, 1991, the district court denied the motion without opinion. 3 The police officers appeal the denial of their qualified immunity claim. See Long v. … Norris, 929 F.2d 1111, 1113-14 (6th Cir.), cert. denied, 112 S.Ct. 187 (1991) (denial of summary judgment on qualified immunity is immediately appealable).

Candice Cheolas v. City of Harper Woods

467 F. App'x 374 · Court of Appeals for the Sixth Circuit · Jan 10, 2012

establishing that such a de minimus injury rises to the level of a constitutional violation, as he would need to do to overcome the defendants’ qualified immunity. … Even the absolute prosecutorial immunity defense raised some questions that the district court described as “close and debatable.”

Roselyne Marikasi v. Loretta Lynch

840 F.3d 281 · Court of Appeals for the Sixth Circuit · Oct 20, 2016

The BIA concluded that the 2014 IJ’s adverse credibility determination was not clearly erroneous. … “The burden of proof is on the applicant to establish that the applicant is a refugee[.]” 8 U.S.C. § 1158(b)(1)(B)(i).

Richard Hatcher v. United States

512 F. App'x 527 · Court of Appeals for the Sixth Circuit · Jan 24, 2013

It is established that the district court may consider affidavits and other documents outside the record on a Rule 12(b)(1) motion, but it must do so in a manner that is fair to the non-moving party. Rogers v. … If not, the National Park Service’s decision as to the precise action to take would clearly fall within the discretionary function exception to the government’s tort liability. Id.

Compuware Corp v. Moody Inv

Court of Appeals for the Sixth Circuit · Aug 23, 2007

A plaintiff who qualifies as a public official or public figure may recover for defamation only if he produces clear and convincing evidence that the defendant acted with actual malice. New York Times Co. v. … The Michigan Supreme Court has recognized that this implied contractual duty “is clearly a form of the traditional negligence standard.” Williams v. Polgar, 215 N.W.2d 149, 156 (Mich. 1974).

Spears v. City of Louisville

27 F.3d 567 · Court of Appeals for the Sixth Circuit · Jun 14, 1994

Because the officers violated no clearly established constitutional right, they were entitled to qualified immunity. … However, the Jones and Galas analyses clearly indicate that pursuit in a situation such as this one does not deprive a fleeing motorist of constitutional rights.

United States v. Savoires

Court of Appeals for the Sixth Circuit · Nov 30, 2005

And the qualifying phrase for the first offense, “during and in relation to” a crime of the type described, is conjoined with the qualifying phrase for the second offense, “in furtherance of” such a crime. … We are satisfied, therefore, that plain error has been established, see id.

United States v. Maria Toney

161 F.3d 404 · Court of Appeals for the Sixth Circuit · Dec 2, 1998

As discussed above, Armstrong’s statements did not qualify for Rule 801(d)(1)(B) non-hearsay status. … The jury may also have simply relied on the competent proof that the government provided establishing Toney’s guilt.

Linda Kay Sullivan v. George Brown

544 F.2d 279 · Court of Appeals for the Sixth Circuit · Oct 19, 1976

Davis, supra, clearly it controls our decision on the reputation issue in this case. The result we reach in the present case is consistent with the decision of the Supreme Court in Goss v. … Additionally, plaintiff might establish a claim for defamation under the laws of Tennessee.

Bush & Burchett, Inc. v. Robert B. Reich, Secretary of Labor the Occupational Safety & Health Review Commission

117 F.3d 932 · Court of Appeals for the Sixth Circuit · Jan 22, 1997

Under the agreement between BBI and Heartland, BBI was required to establish a safety plan and program. … The Fourth Circuit disagreed, holding that not only was United Energy an operator within the meaning of the statute, but also that the "dozer trap, conveyor belt, and other equipment ... qualify as 'structures, equipment,