Case law

Robert W. Kelley, and Cross-Appellees v. Board of Education of the City of Nashville, Davidson County, Tennessee, and Cross-Appellants

270 F.2d 209 · Court of Appeals for the Sixth Circuit · Jun 17, 1959

Based on the zones established by the Board of Education, then, there would probably, at the present time, be Negro children in every school in Nashville, although when the zones were first established, there were, perhaps … They must consider the personal rights of all qualified persons to be admitted to the free public schools as soon as practicable on a nondiscriminatory basis.

Tom Withers v. United States

602 F.2d 124 · Court of Appeals for the Sixth Circuit · Jul 18, 1979

Attorney continued to discuss race: Members of the jury, you were qualified in this case. We are not trying this case because these defendants are black. We are trying this case because of this crime. … But at the time he said it, he clearly had race on his mind and wanted the jury to think about what he said.

Norman Purnell, Administrator of the Estate of Armstead Land, A/K/A Armstad Land v. City of Akron v. Damon Campbell Carissa Campbell

925 F.2d 941 · Court of Appeals for the Sixth Circuit · Feb 13, 1991

While case law in general does not clearly explain the basis for allowing interlocutory appeal of orders denying intervention, 6 Moore’s Federal Practice § 54.38, at 242-43 n. 4 (1990), the Supreme Court in Stringfellow v … Rule 24(a)(2) uses the words “may have” in describing the type of interest that qualifies for intervention.

Mark Lee v. Smith & Wesson Corporation

Court of Appeals for the Sixth Circuit · Jul 29, 2014

App’x 393, 400–01 (6th Cir. 2002), we upheld the exclusion of expert testimony regarding coercive or suggestive interviewing techniques because the defendant made no foundational showing to establish that improper interview … Page 7 Lee’s memory and Ruel’s deductions both clearly reject Smith & Wesson’s argument that the injury was caused by heavy recoil.

United States v. Akzo Coatings of America, Inc.

949 F.2d 1409 · Court of Appeals for the Sixth Circuit · Dec 5, 1991

Unlike the waiver of sovereign immunity under the CWA, which is interpreted strictly, objective standards are not required under CERCLA for a requirement to qualify as an ARAR. … Sav. & Loan, supra, are clearly not present here.

United States v. Tommy Roberts

986 F.2d 1026 · Court of Appeals for the Sixth Circuit · May 6, 1993

This Court must apply the clearly erroneous standard to findings of fact when reviewing the ruling of a District Court on a motion to suppress evidence, United States v. … Section 4B1.1 of the United States Sentencing Guidelines sets out the requirements for a person to qualify to be sentenced as a career offender: A defendant is a career offender if (1) the defendant was at least eighteen

Richard Leirer v. City of Parma

941 F.2d 1210 · Court of Appeals for the Sixth Circuit · Aug 26, 1991

PER CURIAM. 1 Defendants City of Parma, Michael Ries, and Jack Krise appeal from the district court's denial of their motion for summary judgment on the basis of qualified immunity in this action brought under 42 U.S.C. § … immunity. 3 SO ORDERED. 1 A district court's denial of a motion for summary judgment seeking immunity in a section 1983 claim is an immediately appealable collateral order.

Heiser v. Union Carbide Corp

Court of Appeals for the Sixth Circuit · Jul 15, 2004

Windsor, 521 U.S. 591, 623 n.18 immunity. (1997). … Sovereign immunity.

United States v. Miller

531 F.3d 340 · Court of Appeals for the Sixth Circuit · Jul 1, 2008

This is clearly beyond what the Constitution permits. Id. at 626 , 125 S.Ct. 2007 . C. … George, 486 F.3d 1120, 1125 (9th Cir.2007) (observing that “[j]ust as false statements are not immunized by the First Amendment right to freedom of speech, ... baseless litigation is not immunized by the First Amendment right

Hill & Range Songs, Inc. v. Fred Rose Music, Inc.

570 F.2d 554 · Court of Appeals for the Sixth Circuit · Feb 2, 1978

She filed another suit in the Federal District Court for the Middle District of Tennessee against the former wife and also against the mother of Williams, who had qualified as admin-istratrix of his estate in Alabama, in … We are of the opinion that the factual findings of the District Court are supported by substantial, if not by uncontroverted, evidence and they are not clearly erroneous. The Court’s conclusions of law are correct.

Dennis H. HUGULEY, Plaintiff, Abbie L. Perry and Lonnie K. Perry, Plaintiffs-Appellants, v. GENERAL MOTORS CORPORATION, Defendant-Appellee

999 F.2d 142 · Court of Appeals for the Sixth Circuit · Jul 15, 1993

In addition to establishing the complex computer monitoring system designed to eradicate the effect of racial discrimination, GM also agree to establish a pool from which it would pay over three million dollars in monetary … But the consent decree clearly bars, claims stemming from future effects of past discriminatory conduct.

Theodore Hargis v. Stephanie Tubbs Jones Daniel Thomas Gerald E. Fuerst

986 F.2d 1421 · Court of Appeals for the Sixth Circuit · Feb 3, 1993

986 F.2d 1421 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 … Fuerst is clearly being sued in his capacity as court clerk performing a quasi-judicial function and, as such, is entitled to a grant of absolute immunity from a suit for monetary damages. Foster v.

Williams v. Meyer

Court of Appeals for the Sixth Circuit · Sep 25, 2003

Section 8 provided that a of that illness can reasonably be expected within the near defendant was immune from prosecution for the “the offense with which future to intentionally or unintentionally seriously … established by the violence.

National Labor Relations Board v. Chardon Rubber Co.

90 F. App'x 84 · Court of Appeals for the Sixth Circuit · Nov 21, 2003

Any one of the powers enumerated in 29 U.S.C. § 152 (11) suffices to establish an employee as a “supervisor.” … Clearly it was an effective recommendation. Lytle was asked, "can you think of any instances where ... shift leaders might have one opinion and you had a different one, and your opinion prevailed?” (J.A. at 206.)

Pointer v. Wilkinson

Court of Appeals for the Sixth Circuit · Sep 6, 2007

Mar. 10, 2006) (holding that dismissals, with or without prejudice, pursuant to rule established by Supreme Court in Heck v. … 42 U.S.C. § 1997e(c)(2), which provides that “[i]n the event that a claim is, on its face, frivolous, malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief from a defendant who is immune

Housing Opportunities Made Equal, Inc. v. The Cincinnati Enquirer, Inc., a Division of Gannett Co., Inc.

943 F.2d 644 · Court of Appeals for the Sixth Circuit · Sep 5, 1991

HOME seeks to establish liability based on the “ordinary reader” standard. … Should proportionality be determined based on the general population in the area; based on the composition of the subscribers; or based on the composition of potentially qualified buyers in a particular area?

Jesus Ramirez, Cross-Appellants v. Jack E. Webb, Gregory Kowalski, Michael Went, John D. Helgeson, Michael T. Hawes, Gearge Dahl, Robert Wallis, Daniel Moritz, Timothy Houghtaling, Manfred Zarfl, Gregory Bednarz, John Dam, Frank Falowski, James Wellman and Oscar Gonzalez, Both Individually and in Their Official Capacity as Agents of the Immigration and Naturalization Service, James Montgomery, Paul E. McKinnon Edward Short, Robert Wagus, Jerald D. Jondall, Emil Orsack, Ricky Dixon, James D. Kunkle, Brian F. Munson, James F. Gilmore, Stanley R. Desonia, Donald C. Teeple, Stephen E. Nusbaum, Edward T. Farley, Ronald Dowdy, Edwin W. Earl, Charles L. Huffman, Robert J. McNamara James J. Higgins, Kenneth S. Harris, and Larry G. Launder, in Their Official Capacities, the U. S. Immigration and Naturalization Service, Cross-Appellees

803 F.2d 721 · Court of Appeals for the Sixth Circuit · Sep 26, 1986

Rather, it is a case where the district court denied partial summary judgment based on the qualified immunity defense. 9 In Mitehell v. … City of Cleveland, it is clear that the denial of qualified immunity is immediately appealable.

Abdullah Jihad Al-Jaami v. Jimmy Harrison, Charles Cubine, and Bobby Maness

802 F.2d 456 · Court of Appeals for the Sixth Circuit · Aug 20, 1986

immunity. … The court denied the motion and this appeal ensued. 3 On appeal, defendants argued that they were entitled to qualified good faith immunity as a matter of law.

Grantham and Mann, Inc., D/B/A Grantham Safety Industries, Inc. v. American Safety Products, Inc., Sam Evans, Richard J. Althoff and James Hunneke

831 F.2d 596 · Court of Appeals for the Sixth Circuit · Sep 30, 1987

in establishing the amount of damages with the reasonable certainty required under Tennessee law. … A plaintiff will qualify as a “prevailing party,” however, only upon successfully showing that he suffered actual injury; proof of a mere technical violation of the N.C.Act is not sufficient to warrant an award of attorney

Sandra Heward v. Joseph J. Janos, Jr.

831 F.2d 294 · Court of Appeals for the Sixth Circuit · Oct 14, 1987

The District Court denied defendant's motion on February 18, 1984, finding that questions of fact both as to qualified immunity for the Bivens action and absolute immunity for the state tort action precluded summary judgment … As such, the District Court properly denied defendant's motion for summary judgment based upon qualified immunity against a Bivens action. 10 Defendant has also argued that he was entitled to absolute immunity as a federal