Case law

Skelton v. Sara Lee Corp.

249 F. App'x 450 · Court of Appeals for the Sixth Circuit · Oct 3, 2007

Thus, Defendant’s reason for including Skelton in the RIF is clearly based in fact. … Skelton next argues that the interviews “were clearly a sham.” (Pl.’s Br. at 32.)

Bangura v. Hansen

434 F.3d 487 · Court of Appeals for the Sixth Circuit · Jan 18, 2006

Plaintiffs’ complaint does not clearly allege that the INA creates a protected interest. … If this right exists, however, it clearly belongs to the citizen spouse and not the alien spouse. Wright v.

Russell v. University of Toledo

Court of Appeals for the Sixth Circuit · Aug 12, 2008

) she was qualified for the position, and (4) she was replaced by a person outside of the protected class.” … Clearly, illegal discrimination may be found when a plaintiff establishes that “the workplace is permeated with discriminatory intimidation, ridicule, and insult that is sufficiently severe or pervasive to alter the conditions

Daniel Lewis Howze v. Ronald C. Marshall, Supt.

716 F.2d 396 · Court of Appeals for the Sixth Circuit · Jan 23, 1984

Staten, as follows: 13 In order to establish the defense of insanity where raised by plea in a criminal proceeding, the accused must establish by a preponderance of the evidence that disease or other defect of his mind had … It has been clearly established that the states have the power to define their crimes and to allocate the burdens of persuasion. In re Winship, 397 U.S. 358 , 90 S.Ct. 1068 , 25 L.Ed.2d 368 (1970).

Herbert Whitaker E.F. Martin v. Director, Office of Workers' Compensation Programs, United States Department of Labor

38 F.3d 1217 · Court of Appeals for the Sixth Circuit · Oct 11, 1994

38 F.3d 1217 NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished … Whitaker's application was initially denied by DOL when he failed to establish that he qualified for benefits under the Black Lung Benefits Reform Act (the "Act"). 1 In September 1979, Whitaker retained E.F.

Moore v. Reno

86 F.3d 1156 · Court of Appeals for the Sixth Circuit · May 23, 1996

Moore argues that the defendants are not entitled to the defense of qualified immunity. Generally, a federal appellate court does not consider an issue not passed upon in the district court. Singleton v. … The district court in this case did not make any finding or ruling with respect to the defense of qualified immunity.

United States v. Deangelus Thomas

142 F.4th 412 · Court of Appeals for the Sixth Circuit · Jul 2, 2025

But it is unlikely that the Supreme Court views appellate judges as less immune than trial judges to the risks presented by Shepard documents when conducting the wide-ranging factual inquiry required to establish beyond a … First, “society would pay too high a price ‘were every accused granted immunity from punishment because of any defect sufficient to constitute reversible error in the proceedings leading to conviction.’”

Cress v. Palmer

Court of Appeals for the Sixth Circuit · Apr 5, 2007

An “unreasonable application” of clearly established federal law occurs if (a) “‘the state court identifies the correct governing legal rules from the [Supreme] Court’s cases but unreasonably applies it to the facts of the … The district court concluded that because the Supreme Court has not clearly established that post-conviction destruction is a due process violation, the petitioner’s claim in this regard could was not cognizable on federal

Katrina Brown v. Detroit Public Sch.

Court of Appeals for the Sixth Circuit · Feb 21, 2019

immunity. … The court had already held that Brown had not stated a First Amendment retaliation claim against Cook or Branson and/or that they were entitled to qualified immunity.

Florence BERGER, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee

835 F.2d 635 · Court of Appeals for the Sixth Circuit · Dec 16, 1987

services rendered by the individual; (3) The extent and nature of the activity performed by the individual before he allegedly retired as compared with that performed thereafter; (4) The presence or absence of an adequately qualified … paid manager, partner, or family member who manages the business; (5) The type of business establishment involved; (6) The amount of capital invested in the trade or business; and (7) The seasonal nature of the trade or

Krantz v. City of Toledo Police Department

197 F. App'x 446 · Court of Appeals for the Sixth Circuit · Sep 20, 2006

Schroeder looked at the papers, but found the question of custody was not clearly spelled out. … This gives rise to immunity unless the statutory exceptions are established.

Giesse v. Secretary of the Department of Health & Human Services

522 F.3d 697 · Court of Appeals for the Sixth Circuit · Apr 23, 2008

To qualify for expedited review, the enrollee or his physician must submit an oral or written request for the expedited reconsideration to the M + C provider. 42 C.F.R. § 422.584 (b)(1). … This exemption, however, should not serve to circumvent established mechanisms of judicial review.

Monroe E. Davis v. Ricky Bell Andrea Crossnos Doris Halford Charles Sullivan Jerry Collins

36 F.3d 1097 · Court of Appeals for the Sixth Circuit · Sep 27, 1994

After reviewing Tennessee Protective Custody Regulation, TDOC Policy No. 404.09, we disagree with the district court that Ball and Sullivan are entitled to qualified immunity. … Moore, 968 F.2d 595, 599 (6th Cir.1992). 9 The district court concluded that because no appellate court has interpreted Policy No. 404.09, Ball and Sullivan were entitled to qualified immunity.

Sudhaben Patel v. Tracy Renaud

Court of Appeals for the Sixth Circuit · Feb 10, 2022

But USCIS clearly wields sole and unadulterated discretion to set forth, abide by, and eliminate the BFD process. … Clearly, USCIS and we are on the same page: § 1184(p)(6) is properly read back to front à la Weyerhaeuser.

Hansard v. Barrett

980 F.2d 1059 · Court of Appeals for the Sixth Circuit · Dec 2, 1992

It does not concern or in any way establish a right on the part of any prisoner to earn the credits involved here. … They argue that the defendants' policy against homosexuals is unconstitutional without first establishing the existence of such a policy.

Norman Z. Flick v. R. A. Larue John Nevins

821 F.2d 649 · Court of Appeals for the Sixth Circuit · Jun 23, 1987

The district court granted defendants' motion for summary judgment based on qualified immunity. 3 On appeal, Flick argues that the district court erred in holding that the defendants were engaged in discretionary functions … that would permit a defense of qualified immunity, and that summary judgment based on qualified immunity is inappropriate since his complaint requested an injunction. 4 Although the trial judge incorrectly analyzed the record

Ramon Hueso v. J.A. Barnhart

948 F.3d 324 · Court of Appeals for the Sixth Circuit · Jan 9, 2020

His two circuit decisions cannot, as a matter of law, establish § 2255’s inadequacy. … Thus, Hueso’s prior convictions qualified as felony drug offenses, and he was subject to the enhanced federal mandatory minimum.

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. 3 Saltire, joined by the IDB, removed the Norman case to federal district court … Clearly the first and second categories listed above do not apply because no fiduciary or contractual relationship existed between the two parties.

Thomas v. Miller

Court of Appeals for the Sixth Circuit · Jun 27, 2007

On non-jurisdictional issues, the power of the federal courts to take such action is well established. … We also acknowledge that our holding might seem at first blush to run counter to COBRA’s text, which says clearly that the statute does not apply to employers with fewer than twenty employees. 29 U.S.C. § 1161(b).

Charles Ash v. Board of Education of the Woodhaven School District

699 F.2d 822 · Court of Appeals for the Sixth Circuit · Feb 7, 1983

. § 380.1231 Sec. 1231. (1) The board of a school district shall hire and. contract with qualified teachers. … We have previously ruled, however, that the plaintiffs are unable to establish a federal cause of action under § 1983.