Case law

Totman v. Louisville Jefferson County Metro Government

391 F. App'x 454 · Court of Appeals for the Sixth Circuit · Aug 13, 2010

Officer Hornback also raised the defense of qualified immunity, but only as it related to Totman’s state-law claims. … Officer Hornback in turn has not raised the issue of qualified immunity on appeal; therefore, this defense is deemed waived. See Thaddeus-X v.

United States v. Vasquez

Court of Appeals for the Sixth Circuit · Mar 23, 2009

All of this evidence establishes that Vasquez was reasonably capable of providing seven kilograms of cocaine to Winters. 2. … A defendant qualifies for a leadership enhancement if the district court concludes that he has exercised decisionmaking authority, recruited accomplices, received a larger share of the profits, was instrumental in the planning

Kenneth Jefferson v. United States

730 F.3d 537 · Court of Appeals for the Sixth Circuit · Sep 12, 2013

We therefore conclude that Jefferson has not established that he is entitled to equitable tolling. D. … cross-examined thoroughly on his motives for testifying, and the improbability of his providing testimony regarding his own criminal activities without a written plea agreement, without a lawyer present, and with no promise of immunity

Ferndale Laboratories, Inc. v. Cavendish

79 F.3d 488 · Court of Appeals for the Sixth Circuit · Mar 21, 1996

The guidelines must include “requirements for the storage and handling of such drugs and for the establishment and maintenance of records of the distributions of such drugs.” 21 U.S.C. § 353 (e)(2)(B). … Thus, Ferndale qualifies for Ohio licensing by complying with federal and Michigan requirements; Ohio imposes no additional requirements related to these activities.

Jarrett Hamilton v. General Electric Co.

Court of Appeals for the Sixth Circuit · Feb 12, 2009

Under these circumstances, Hamilton’s failure to comply with Blair’s orders clearly constituted refusal to comply with “specific work directions from your supervisor” as referenced in defendant’s August 15, 2005, termination … The majority’s holding merely encourages sanctioned employees like Hamilton to file discrimination charges, thereby obtaining “instant immunity” from their employers’ supervision and punishment.

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.

Miller v. Javitch, Block & Rathbone

561 F.3d 588 · Court of Appeals for the Sixth Circuit · Apr 6, 2009

The issuer bank establishes an account on behalf of the person to whom the card is issued, and the two parties enter into an agreement which governs their relationship. … LSC, upon receiving a debt collection letter that contains some minute variation from the statute’s requirements, immediately exclaims “This clearly runs afoul of the FDCPA!”

Charles E. Austin v. Reginald Wilkinson

372 F.3d 346 · Court of Appeals for the Sixth Circuit · Jun 10, 2004

As to the third factor, the ODRC clearly has an interest in guaranteeing the safety of its staff and inmates through the swift isolation of dangerous inmates. … Kyle, 65 F.3d 29, 31-32 (5th Cir.1995) (“it is difficult to see that any other deprivations in the prison context, short of those that clearly impinge on the duration of confinement, will henceforth qualify for constitutional

Cleveland Automobile Co. v. United States

70 F.2d 365 · Court of Appeals for the Sixth Circuit · Mar 6, 1934

Having granted the taxpayer’s application for extraordinary relief, and having determined the proper comparative rate to be applied, based upon at least a qualified if not conclusive acquiescence in his deter- *368 ruination … Ed. 249 ), and such appeal being to an independent agency in the executive branch of the government, especially established to review the Commissioner’s decisions, is not in conflict with the view that sections 327 and 328

Donald Brooks v. James H. Rose, Warden

520 F.2d 775 · Court of Appeals for the Sixth Circuit · Jul 30, 1975

His sole claim was that evidence was totally lacking to establish that he was sane at the time he slashed the throats of two women and one man, with a straight razor, and that his due process rights were thereby violated. … Sparkman clearly indicates that where testimony as to the facts permits even an inference that the defendant was sane at the time of the offense charged, the jury is entitled to reject expert and lay opinion testimony to

United States v. Pearce

531 F.3d 374 · Court of Appeals for the Sixth Circuit · Jul 3, 2008

United States, 232 U.S. 383 , 34 S.Ct. 341 , 58 L.Ed. 652 (1914) (establishing the exclusionary rule). … “In order to qualify as a person aggrieved by an unlawful search and seizure one must have been a victim of a search or seizure, one against whom the search was directed, as distinguished from one who claims prejudice only

Anderson v. Tway

143 F.2d 95 · Court of Appeals for the Sixth Circuit · Jun 12, 1944

Culpable ignorance furnishes no immunity for false representations or concealment. In Atherton v. … A fraudulent purpose, like its consummation, must, under familiar rules, be established by evidence that is clear, and convincing.

Tabatha Manley v. Paramount's Kings Island

299 F. App'x 524 · Court of Appeals for the Sixth Circuit · Nov 3, 2008

App’x 390, 391, 394 (6th Cir. 2001) (affirming the district court’s denial of qualified immunity for an officer who did not have sufficient justification for a - 10 - Terry … Apr. 25, 1994) (concluding that despite the state court’s dismissal for lack of probable cause, Officer Payne was entitled to qualified immunity because he could have reasonably believed probable cause existed); Williams

Am. Premier Underwriters v. GE

14 F.4th 560 · Court of Appeals for the Sixth Circuit · Sep 21, 2021

The district court did not clearly err in reaching its factual conclusions. b. … So the analysis turns on when SEPTA and Conrail’s right to indemnification became “fixed and established.” See Coleman, 204 A.2d at 261. The answer is 1999.

Dickenson v. Cardiac and Thoracic Surgery

Court of Appeals for the Sixth Circuit · Oct 25, 2004

In fact, “the text of Rule 702 expressly contemplates that an expert may be qualified on the basis of experience.” Fed. R. … In this case, however, the uncontroverted evidence establishes that Dr. Michalik called upon Dr. Rosser to “assume that responsibility” and “it was Dr. Rosser who ordered the extubation of the tube.”

Rosen v. Tennessee Commissioner of Finance & 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 . … It is clearly established that “[a]l~ legations of possible future injury do not satisfy the requirements of Art. III. A threatened injury must be certainly impending to constitute injury in fact.” Whitmore v.

Janice Kirchgessner, Personal Representative of the Estate of John Kirchgessner, Deceased, Cross-Appellant v. United States of America, Cross-Appellee

958 F.2d 158 · Court of Appeals for the Sixth Circuit · Apr 6, 1992

This waiver of sovereign immunity is not unlimited, however, for the Act also prohibits recovery of pre-judgment interest and punitive damages. Id. … To the extent it is clearly established, we apply Michigan law. When state law is silent or unclear, we apply federal law. A. Income Taxes Under Michigan Law Wrongful death recoveries under Michigan law are statutory.

Summa Holdings v. Comm'r of Internal Revenue

848 F.3d 779 · Court of Appeals for the Sixth Circuit · Feb 16, 2017

In 2001, James III and Clement each established a Roth IRA and contributed $3,500 apiece. … And Congress established Roth IRAs and their authority to own shares in corporations (including DISCs) for the purpose of lowering taxes.

United States v. Timothy Capps, Dwayne Evans, Ray Parra

48 F.3d 1220 · Court of Appeals for the Sixth Circuit · Mar 10, 1995

48 F.3d 1220 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 … We will reverse a district court's ruling on this point only if it is clearly erroneous. United States v.

Coleman Brown v. Ed Bowling

940 F.2d 658 · Court of Appeals for the Sixth Circuit · Aug 8, 1991

Where facts are disputed, the question of qualified immunity may also completely depend upon which view of the facts is accepted by the jury. Brandenburg, 882 F.2d at 216 . … immunity.