Case law

United States v. Kevin Loren Daniels

Court of Appeals for the Sixth Circuit · Jan 7, 2026

The Supreme Court has established several other subsidiary ground rules for establishing whether a suspect’s waiver passes muster. Suspects need not expressly waive their Miranda rights (whether orally or in writing). … We have repeatedly suggested that this test in the instructional context requires a challenger to show that the jury charge, taken as a whole, was “so clearly erroneous as to likely produce a grave miscarriage of justice.

Beril Hoosier v. Bobby H. Harden

898 F.2d 154 · Court of Appeals for the Sixth Circuit · Mar 13, 1990

immunity. … immunity.

Koussan v. Holder

556 F.3d 403 · Court of Appeals for the Sixth Circuit · Feb 12, 2009

We decline to change this well-established rule.” Id. at 827 (footnote omitted). Likewise, in Hamama v. … The unambiguous language of section 212(c) clearly applies only to exclusion/readmission proceedings.

Cedric Lamont Lacey v. Michigan Department of Corrections Kenneth L. McGinnis Denise Cole Sherri Andrews

89 F.3d 834 · Court of Appeals for the Sixth Circuit · May 1, 1996

In his objections to the report recommending dismissal of the claims against defendants Andrews and Cole, Lacey maintained that the legal mail in question was "clearly marked Attorney Client" and that pieces of mail were … Further, the defendants were entitled to qualified immunity because the contours of Lacey's alleged constitutional right to have his legal mail opened in his presence were not sufficiently clear that a reasonable official

Thomas Fox v. Saginaw Cnty., Mich.

Court of Appeals for the Sixth Circuit · Feb 22, 2022

Relevantly, while the district court found that the county treasurers were entitled to qualified immunity, the district court concluded that the counties themselves were not entitled to sovereign immunity. … The court reviews the legal question of whether a body is entitled to sovereign immunity de novo but accepts the district court’s underlying factual findings unless such findings are clearly erroneous. S.J. v.

Michael Rosen v. Tennessee Commissioner Of Finance And Administration

288 F.3d 918 · Court of Appeals for the Sixth Circuit · May 6, 2002

The burden of establishing standing is on the party seeking federal court action. Id. at 561-62 , 112 S.Ct. 2130 . … The district court agreed that this was a sufficient basis for standing to challenge the October 1 rule; however, the district court erred in this regard. 46 It is clearly established that "[a]llegations of possible future

Kings Local School District, Board of Education v. Zelazny

325 F.3d 724 · Court of Appeals for the Sixth Circuit · Apr 7, 2003

Ariel is a child with a qualified disability under the definition of the Act, because he has a potent combination of three disorders. He has obsessive compulsive disorder, Tourette Syndrome, and Asperger’s Syndrome. … Rowley, 458 U.S. 176 , 102 S.Ct. 3034 , 73 L.Ed.2d 690 (1982), established that [w]hen reviewing cases brought under the Act, courts must determine whether the state has complied with the Act’s procedural requirements, and

Lynn Johnston v. James Dowling, Ron Edgerton, Rodeny L. Katka, James W. Caldwell, and Charles A. Parks

765 F.2d 145 · Court of Appeals for the Sixth Circuit · May 9, 1985

The district court applied the doctrine of absolute immunity concerning common law tort claims, and further found that the appellees' uncontroverted affidavits, establishing qualified immunity as to the constitutional claims … deprivations, the official is due qualified good faith immunity.

Pennycuff v. Fentress Cnty Bd Ed

Court of Appeals for the Sixth Circuit · Apr 12, 2005

They include the requirement that a teacher must complete a three-year probationary period in order to qualify for tenure. Tenn. Code Ann. § 49-5-503(2)(C). Tenn. … “First, a party’s later position must be ‘clearly inconsistent’ with its earlier position.” Id. (quoting United States v. Hook, 195 F.3d 299, 306 (7th Cir. 1999)).

Professional Insurance Agents of Michigan v. Commissioner of Internal Revenue

726 F.2d 1097 · Court of Appeals for the Sixth Circuit · Jan 26, 1984

“It is well established that the existence of a genuine profit motive is the most important criterion for the finding that a given course of activity constitutes a trade or business.” Lamont v. … Such services as educational training programs and promotion of learning within the insurance industry clearly satisfy this uniqueness test since they advance the purpose of the tax exempt entity.

Chiropractic Cooperative Ass'n of Michigan v. American Medical Ass'n

867 F.2d 270 · Court of Appeals for the Sixth Circuit · Jan 31, 1989

The Individual Defendants We deem that summary judgment against the individual defendants, however, was clearly proper. … established.

Owens v. Guida

549 F.3d 399 · Court of Appeals for the Sixth Circuit · Dec 9, 2008

While the state courts offered only a truncated analysis, they did not unreasonably apply clearly established federal law. … A rule of federal law cannot be clearly established when it has been rejected by every court that has been asked to adopt the rule, and a state court does not unreasonably apply clearly established federal law when it rejects

OPERS v. FHLMC

Court of Appeals for the Sixth Circuit · Aug 21, 2026

But the district court did not clearly adopt Dr. Bajaj’s finding on this point. … Nor were the statements of Syron and Piszel qualified by reference to a clearly comprehensible definition of “subprime.”

United States v. Dwayne Robinson, Jr.

133 F.4th 712 · Court of Appeals for the Sixth Circuit · Apr 7, 2025

Over Robinson’s objection, the court also found that he qualified for a mandatory-minimum sentence of 180 months’ imprisonment under the Armed Career Criminal Act. … We appear to have established this test in 1983—a decade before the Supreme Court adopted its general four-part test for plain error in Olano. 507 U.S. at 732–36; see United States v.

Tumblebus Inc v. Cranmer

Court of Appeals for the Sixth Circuit · Jan 13, 2005

A district court has abused its discretion if it has “relied upon clearly erroneous findings of fact, improperly applied the governing law, or used an erroneous legal standard.” … Thus, we conclude that the district court did not clearly err in finding that TUMBLEBUS is not a generic term incapable of obtaining protected status.

Blake Cretacci v. Matthew Hare

Court of Appeals for the Sixth Circuit · Nov 23, 2022

Finally, Qualls alleges that he is entitled to judgment as a matter of law due to qualified immunity. Qualls’s arguments are unavailing. … Qualls is thus not entitled to qualified immunity even if the issue were not waived.

Pasley v. Robinson

71 F. App'x 532 · Court of Appeals for the Sixth Circuit · Aug 6, 2003

Ill Sixth Amendment Violations Pasley argues that the introduction of certain hearsay statements made by his co-defendant, Darren Higgins, admitted through Sergeant McCarty’s testimony, violated clearly established Supreme … The government argues that even if the trial judge’s determinations resulted in a violation of clearly established federal law, any resulting error was harmless.

Ace Doran Hauling & Rigging Company v. National Labor Relations Board

462 F.2d 190 · Court of Appeals for the Sixth Circuit · Jun 14, 1972

The owner agrees to furnish, and to pay the wages of, a qualified driver, *192 to withhold his income and Social Security taxes, to cover him for Workmen’s Compensation, and to pay for “bob-tail” insurance. … “The legislative history of the 1947 amendments to Section 2(3) indicates clearly the congressional intent that the status of an individual as an independent contractor or employee is to be measured by the yardstick of common

M. Taylor v. Chief Thomas Streicher

465 F. App'x 414 · Court of Appeals for the Sixth Circuit · Feb 21, 2012

After discovery, Defendants moved for summary judgment on all claims, alleging qualified and municipal immunity 6  No. 10- … We decline to address Plaintiffs’ contention that the district court erred in granting qualified immunity to 7  No. 10-3894

Felton v. City of Cincinnati

95 F. 336 · Court of Appeals for the Sixth Circuit · Jul 5, 1899

The rule in regard to the mutual obligations of lessor and lessee is well established by the decided weight of authority. … A. 248 , and 76 Fed. 408 , qualifies or denies the general rule.