Case law
Opinions from 1658 to today.
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Detroit Housing Commission v. Lewis
226 F.2d 180 · Court of Appeals for the Sixth Circuit · Oct 5, 1955
Sections 41 , 42 and 43. * 9 We think the courts is clearly right in its conclusion that the claimed discrimination by The Detroit Housing Commission against plaintiffs and members of their class on the basis of race and … They have long been established in the adjudications of the Supreme Court and of the lower federal courts.
Cited 0 timesPublished266 F.2d 515 · Court of Appeals for the Sixth Circuit · May 13, 1959
Also appellant has the burden of proof in establishing the damage. United States ex rel. Tennessee Valley Authority v. Powelson, 319 U.S. 266 , 63 S.Ct. 1047 , 87 L.Ed. 1390 . … Clearly the injury done to the property by the presence of power lines and steel towers is not merely speculative.
Cited 0 timesPublishedBoard of Supervisors of Presque Isle County v. Thompson
61 F. 914 · Court of Appeals for the Sixth Circuit · May 8, 1894
The foregoing statute and authorities have application to primary school districts established by school inspectors under general laws. … It was within the power of the legislature to impose such a liability, and it was clearly its intention to do so.
Cited 2 timesPublishedUnited States v. Michael L. Jackson
470 F.3d 299 · Court of Appeals for the Sixth Circuit · Nov 30, 2006
Without objection from defense counsel, the district court qualified her as an expert witness in the field of forensic chemistry. … All of this information was clearly stated in the affidavit, and the affidavit meets the Allen test.”); United States v.
Cited 120 timesPublishedCourt of Appeals for the Sixth Circuit · Aug 5, 2008
He also argued that each of the individual jail officials was entitled to qualified immunity and that, in any case, Ford had failed to establish that any of the officials “possessed a sufficiently culpable state of mind” … City of Memphis, 361 F.3d 898, 902 (6th Cir. 2004) (“A municipal ‘custom’ may be established by proof of the knowledge of policymaking officials and their acquiescence in the established practice.”).
Cited 0 timesPublishedGreat Lakes Gas Transmission Co. v. Grayco Constructors, Inc., and Seaboard Surety Company
506 F.2d 498 · Court of Appeals for the Sixth Circuit · Feb 24, 1975
the basis for his opinion which are established by other evidence or independent evidence in the case. … Co., 489 F.2d 303 (1973), we think these Michigan holdings are clearly distinguishable from the case at bar and therefore are inapplicable.
Cited 8 timesPublishedCourt of Appeals for the Sixth Circuit · May 16, 2025
The district court ultimately entered summary judgment in their favor, however, on the basis that they were entitled to qualified immunity. Id. at 502–03. … Establishing a No. 24-5649 Lawson v. Creely, et al.
Cited 0 timesPublishedUnited States v. John C. Sheffey
57 F.3d 1419 · Court of Appeals for the Sixth Circuit · Sep 20, 1995
But once the jury heard all of the evidence on the scope of Babcock’s duty, it was as qualified as Green to determine , whether Babcock breached that duty. … Leonardos responses were more detailed, but they still clearly reflected that they understood the question. .
Cited 75 timesPublishedCommunity Mental Health Services v. Mental Health & Recovery Board
150 F. App'x 389 · Court of Appeals for the Sixth Circuit · Sep 14, 2005
The second judicial fitness factor, whether retaining this case will deny the agency the opportunity to refine its policy, clearly favors finding this case not ripe. … Because the allegations establish no search or seizure, those concrete facts are not now present.
Cited 47 timesUnpublishedUnited States v. Osvaldo Ramon Pino (87-6129), Silverio Juan Llera (87-6130), Defendants
855 F.2d 357 · Court of Appeals for the Sixth Circuit · Aug 31, 1988
Salvucci, 448 U.S. 83, 86 , 100 S.Ct. 2547, 2550 , 65 L.Ed.2d 619 (1980), Llera bore the burden of establishing fourth amendment standing. … According to the uncontroverted testimony of Thomas, however, Pino did not qualify his statement with any such limitation as to time. 3 .
Modified by United States v. Osvaldo Ramon Pino (87-6129), Silverio Juan Llera (87-6130), Defendants, 866 F.2d 147 (1989)Cited 92 timesPublishedDexter Dodd v. Patrick R. Donahoe
715 F.3d 151 · Court of Appeals for the Sixth Circuit · Apr 19, 2013
The district court reasoned that “Dodd’s tort claims are preempted by the CSRA” because the claim “clearly arose in the context 2 The Bivens claim was dismissed, and that dismissal is not challenged on … Dodd seeks to establish his claim of discrimination based on circumstantial evidence.
Cited 29 timesPublished212 F.3d 907 · Court of Appeals for the Sixth Circuit · May 12, 2000
RETIREES RETIRING ON OR AFTER SEPTEMBER 1, 1975, AND THEIR QUALIFIED DEPENDENTS. … If the parties intended to vest benefits and the agreement establishing this is breached, there is an ERISA violation as well as a LMRA violation.
Cited 0 timesPublishedHiller, LLC v. Success Group Int'l
976 F.3d 620 · Court of Appeals for the Sixth Circuit · Sep 23, 2020
The jury reasonably determined that the Guide contains enough originality to establish copyright protection. … “To qualify for copyright protection, a work must be original to the author.” Feist Publ’ns, Inc. v. Rural Tel. Serv. Co., 499 U.S. 340, 345 (1991) (citing Harper & Row, Publishers, Inc. v.
Cited 2 timesPublishedBrian Alexander v. Annie Harrison
Court of Appeals for the Sixth Circuit · Oct 24, 2022
A prosecutor acting “in his role as advocate for the State” receives absolute immunity, but when he “functions as an administrator rather than as an officer of the court he is entitled only to qualified immunity.” … Harrison prosecutor may act as an “investigator[],” and thus only have a claim to qualified immunity, when advising police how to conduct an investigation before probable cause has been established.
Cited 0 timesUnpublished618 F.3d 577 · Court of Appeals for the Sixth Circuit · Aug 30, 2010
Because the Double Jeopardy Clause affords a defendant who obtains a judgment of acquittal absolute immunity from further prosecution for the same crime, the Supreme Court has stated that “it ought to do the same for the … We have held that “[a] district court can satisfy the requirements of the Bostic rule only by clearly asking for objections to the sentence that have not been previously raised.” United States v.
Cited 111 timesPublished615 F.3d 715 · Court of Appeals for the Sixth Circuit · Aug 12, 2010
Moran, 325 F.3d at 792, 794 (holding that sentencing disparity among co-conspirators did not qualify as a “violation of law”); see also United States v. … Procedural unreasonableness includes, inter alia, “selecting a sentence based on clearly erroneous facts . . . .” Ibid.
Cited 70 timesPublishedQuality Castings Company v. National Labor Relations Board
325 F.2d 36 · Court of Appeals for the Sixth Circuit · Dec 7, 1963
A sliding scale of payments was established, based upon the number of days an employee was absent from his job without excuse. … consecutive or ten-day total non-excused absence dis *39 qualification rule of the former plan, resulted in the 64 employees, who were not rehired after the strike, plus seven other employees whose status is unknown, failing to qualify
Cited 7 timesPublished770 F.2d 63 · Court of Appeals for the Sixth Circuit · Aug 12, 1985
This may be done by showing (i) that he belongs to a racial minority; (ii) that he applied and was qualified for a job for which the employer was seeking applicants; (iii) that, despite his qualifications, he was rejected … Clearly, she has not met the first prong imposed for establishing a prima facie case." 603 F.Supp. at 483 (footnote omitted). 28 ii.
Cited 0 timesPublishedUnited States v. Richard Mukes
980 F.3d 526 · Court of Appeals for the Sixth Circuit · Nov 17, 2020
The existing record is insufficient to establish that Mukes’s dropping the firearm presented a risk of the gun discharging. … Baker, 559 F.3d 443, 455 n.10 (6th Cir. 2009) (holding that an intervening Supreme Court decision qualified as a “special circumstance,” but the government’s “fail[ure] to offer factual evidence” did not).
Cited 34 timesPublishedSteven Woodward v. Raymond D'Onofrio
674 F. App'x 563 · Court of Appeals for the Sixth Circuit · Jan 27, 2017
After the district court denied the officer’s motion for summary judgment raising qualified immunity, the officer filed this interlocutory appeal. … D’Onofrio moved for summary judgment based on qualified immunity.
Cited 0 timesUnpublished
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