Case law

United States v. Shawn House

Court of Appeals for the Sixth Circuit · Jun 28, 2017

Although reciting the names would have established a clearer record, the court was under no obligation to do so since it expressly adopted the government’s list of participants, and the record supports the court’s findings … Although the district court did not rule on the objection explicitly, it clearly relied on the PSR’s finding of a four-year period in calculating the drug quantity.

Kenneth D. Lansing v. City of Memphis Memphis Park Commission, Memphis in May International Festival, Inc.

202 F.3d 821 · Court of Appeals for the Sixth Circuit · Feb 4, 2000

Equally well-established is the principle that neither public funding nor private use of public property is enough to establish a close nexus between state and private actors. … By conditioning the lease, the use agreement, and the council resolution on Memphis in May’s compliance with city regulations and authorities, the city and Memphis in May clearly established separate spheres of responsibility

Sister Rose Michael, S.L. v. Elizabeth Weiss, Personal Representative of the Estate of Lawrence F. Weiss, Deceased

831 F.2d 296 · Court of Appeals for the Sixth Circuit · Oct 22, 1987

The court ruled in the alternative that even if such a statement had been made, Sister Rose had failed to present sufficient evidence of malice to overcome Lawrence Weiss' qualified immunity as attorney for the estate of … Albert to testify and that it made clearly erroneous findings.

State of Tenn. v. United States Dep't of State

931 F.3d 499 · Court of Appeals for the Sixth Circuit · Jul 24, 2019

When a case “is at the pleading stage, the plaintiff must ‘clearly . . . allege facts demonstrating’ each element.” Spokeo, 136 S. Ct. at 1547 (quoting Warth v. Seldin, 422 U.S. 490, 518 (1975)). … The General Assembly, which has the burden of establishing standing, see Spokeo, 136 S.

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.

Jerry Lee Staley v. Kurt Jones

239 F.3d 769 · Court of Appeals for the Sixth Circuit · Feb 5, 2001

established Supreme Court precedent. … Given the absence of clear Supreme Court precedent on the subject, the White court’s opinion is not contrary to clearly established federal law, whether or not the Michigan statute lacks a scienter requirement.

Estate of Thomas P. Quirk, Deceased, Gregory J. Quirk, Norman D. Rollins, Co-Administrators, Mary C. Quirk, (90-1129) v. Commissioner of Internal Revenue, John P. Lawler, Eileen F. Lawler, Michael J. Skelly, Georgette T. Skelly, Karim A. Abood, Donna H. Abood, Felix E. Matusky, Florence P. Matusky v. Commissioner of Internal Revenue, (90-1183/1185/1186/1187)

928 F.2d 751 · Court of Appeals for the Sixth Circuit · Mar 25, 1991

Helvering, 290 U.S. 111, 115 , 54 S.Ct. 8, 9 , 78 L.Ed. 212 (1933), and the burden is on the challenging party to establish reversible error. Tax Court Rule 142(a). … We review the findings of the tax court on a clearly erroneous standard. Commissioner v.

Nathan Crandall v. Newaygo Cnty., Mich.

Court of Appeals for the Sixth Circuit · May 1, 2024

Crandall claims that at no time was he “advised that as an owner he had a constitutional right to a hearing which he clearly wanted.” Pl. Br., ECF No. 18, 28. … Therefore, Crandall qualifies as an owner under this statute.

Damron v. Rob Fork Mining Corp.

945 F.2d 121 · Court of Appeals for the Sixth Circuit · Aug 6, 1991

Plaintiffs clearly do not come within the statutory definition of subsection (A) part-time employees, nor did they work the requisite hours to qualify under § 2101(a)(1)(B). … , for purposes of argument, plaintiffs could be considered on temporary layoff under the regulatory language, we conclude that the district court was not in error in concluding as a matter of law that plaintiffs did not establish

Brian Petty v. Metropolitan Gov't of Nashville

687 F.3d 710 · Court of Appeals for the Sixth Circuit · Jul 24, 2012

Because Petty qualified for reemployment, we held, USERRA required Metro to fully reemploy Petty, regardless of any honesty issues arising from Metro’s return-to-work process. Id. at 444. … 538 F.3d at 441 (“[I]t would be inconsistent with the goals of USERRA to prevent Petty from exercising his right to reemployment because he failed to provide forthrightly information that is statutorily unnecessary to his establishing

Mckamey v. Roach

55 F.3d 1236 · Court of Appeals for the Sixth Circuit · Jun 9, 1995

None of the Title III cases, they argue, established a per se rule that regardless of the facts and circumstances, no conversation in which a cordless telephone is used by either party is covered by the Act. 8 The purpose … We must also determine whether the plaintiffs' conversations qualify as "oral communications" under the Act.

Hurst v. Federal National Mortgage Ass'n

642 F. App'x 533 · Court of Appeals for the Sixth Circuit · Feb 23, 2016

. § 1983, asserting that Defendants’ actions in foreclosing on the Property violated her constitutional rights under the Due Process, Equal Protection, and Privileges and Immunities Clauses of the United States Constitution … Plaintiff argued that the affidavit clarifies that she does have sufficient interest in the Property to establish standing to challenge the foreclosure.

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.

Bluegrass Dutch Trust v. Rowan Cty. Fiscal Court

Court of Appeals for the Sixth Circuit · May 10, 2018

Qualified immunity is immunity from suit; “its purpose is to shield the official from suit altogether, saving the official -6- Case No. 17-6086, Bluegrass Dutch Trust Morehead … The qualified immunity analysis turns on two questions: (1) whether a constitutional right has been violated, and (2) whether the right was clearly established. Smoak v. Hall, 460 F.3d 768, 777 (6th Cir. 2006).

Arthur Tyler v. Carl Anderson

749 F.3d 499 · Court of Appeals for the Sixth Circuit · Apr 15, 2014

William Mason, Cuyahoga County Prosecutor, refused to extend immunity to Head in exchange for his testimony. … He filed a complaint for writ of mandamus, requesting that the court order former Attorney General Jim Petro and Cuyahoga County Prosecutor William Mason to grant immunity to Leroy Head.

Margaret Friedman v. Montefiore

Court of Appeals for the Sixth Circuit · Jul 13, 2023

The Secretary also provided that those “Covered Countermeasures must be ‘qualified pandemic or epidemic products,’ or ‘security countermeasures,’ or drugs, biological products, or devices authorized for investigational … “Unlike the general immunity provision, it is debatable whether § 247d-6d(d)(1) completely preempts certain state-law claims.” Hudak, 58 F.4th at 854.

Susan Philbrick v. Eric Holder, Jr.

583 F. App'x 478 · Court of Appeals for the Sixth Circuit · Sep 16, 2014

The Attorney General argued that Phil-brick could not establish a prima facie case of discrimination because she .could not show that she and Robinson were similarly qualified. … In March of 2011, Grubbs ranked Phil-brick not only behind Jankowski, but also behind Candidate 85, whose qualifications were clearly inferior to hers.

Richard Dotson v. Jerry Abramson and City of Louisville

47 F.3d 1168 · Court of Appeals for the Sixth Circuit · Jan 10, 1995

In this order, the court also stayed all discovery, with the exception of requiring Dotson to respond to interrogatories propounded by the defendants for the purpose of defining the issue of qualified immunity. 1 On April … On June 29, 1992, the district court issued an order granting summary judgment in favor of Abramson, concluding that he was entitled to qualified immunity on the remaining First Amendment claims. 12 On September 23, 1992,

United States v. Christopher J. Mahan

190 F.3d 416 · Court of Appeals for the Sixth Circuit · Aug 31, 1999

“[T]he issue of whether a suspect is ‘in custody,’ and therefore entitled to Miranda warnings, presents a mixed question of law and fact qualifying for independent review.” Thompson v. … There is simply no requirement that the government establish the existence of a pattern of discrimination.

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.