Case law

United States v. State of Tenn.

Court of Appeals for the Sixth Circuit · Aug 4, 2010

Accepting the allegations in the complaint, the district court held that the EMTs had violated the “decedent’s clearly established constitutional right to receive competent medical care while in custody.” Id. … The State has not put forward a single case or statute that could qualify as the significant change in law required to satisfy its initial burden under Rufo.

Gerald McKenzie v. David Smith, Warden

326 F.3d 721 · Court of Appeals for the Sixth Circuit · Jun 19, 2003

The trial judge ruled that this statement qualified as an excited utterance and was therefore admissible as an exception to the hearsay rule. … Without such results or reasoning, any attempt to determine whether the state court decision “was contrary to, or involved an unreasonable application óf clearly established Federal law,” 28 U.S.C. § 2254 (d)(1), would be

Armstrong v. Chemical Nat. Bank of New York

83 F. 556 · Court of Appeals for the Sixth Circuit · Dec 7, 1897

That Harper in this way succeeded in having the whole power of the board of directors delegated to him, in fact, is clearly manifest from what he did in the bank. … The grounds for an equitable estoppel, based on the delay in repudiating the loan, are clearly shown.

Richard W. Brown v. Local 58, International Brotherhood of Electrical Workers, Afl-Cio

76 F.3d 762 · Court of Appeals for the Sixth Circuit · Feb 26, 1996

It is settled law that a plaintiff need not prevail on the merits to qualify as a “prevailing party” for the purpose of an award of attorneys’ fees and costs. E.g., Hewitt v. … If the lawsuit is a “catalyst” for a pretrial settlement *771 or, if a defendant changes its conduct in a manner that redresses plaintiffs grievances, then plaintiff may establish prevailing party status.

United States v. George Mooneyham

473 F.3d 280 · Court of Appeals for the Sixth Circuit · Jan 9, 2007

The defendant’s motion to exclude was granted, but only to the extent that the statements at issue did not qualify as co-conspirator statements made in furtherance of the conspiracy. … Therefore, the statement by Walker that he obtained more drugs on May 24 than he did on May 21 is merely cumulative to other evidence which established this fact which clearly was admissible.

Carollton B. Darland v. Fortis Benefits Insurance Company

317 F.3d 516 · Court of Appeals for the Sixth Circuit · Jan 22, 2003

Further, the conclusions of the peer review panelists were clearly contradicted by the opinions of the physicians who actually examined and evaluated him. … established definitions of what constitutes a disability.

Getsy v. Mitchell

Court of Appeals for the Sixth Circuit · Aug 2, 2006

See (Terry) Williams, 529 U.S. at 412 (With the caveat that the source of clearly established law is Supreme Court jurisprudence, “whatever would qualify as an old rule under our Teague jurisprudence will constitute ‘clearly … See id. at 412 (explaining that “whatever would qualify as an old rule under [the Court’s] Teague jurisprudence will constitute clearly established Federal law . . . under § 2254(d)(1)”) (quotation marks omitted).

Eric Ostergren v. Heather Frick

Court of Appeals for the Sixth Circuit · Apr 8, 2021

Frick also argued that she is entitled to qualified immunity. … To defeat qualified immunity, plaintiffs must demonstrate that (1) the defendant violated a constitutional right and (2) the right was clearly established. Brown v. Lewis, 779 F.3d 401, 411 (6th Cir. 2015).

Equal Emp't Opportunity Comm'n v. Dolgencorp, LLC

899 F.3d 428 · Court of Appeals for the Sixth Circuit · Aug 7, 2018

Even when she does, Atkins occasionally experiences low blood sugar episodes (hypoglycemia), prompting her to shake and have difficulty seeing and thinking clearly. … Dollar General counters that the Tennessee Commission does not qualify because some federal and state courts have refused to recognize a reasonable accommodations theory under the Tennessee Act.

Mohamed Abdallahi v. Eric Holder, Jr.

690 F.3d 467 · Court of Appeals for the Sixth Circuit · Jul 31, 2012

Thus, proof of prejudice is necessary to establish a due process violation. Id. … Clearly, the facts of Abdallahi’s assistance do not parallel the facts in Negusie. The IJ opinion found Abdallahi had prior or contemporaneous knowledge of such torture.

Intermet v. CIR

Court of Appeals for the Sixth Circuit · Apr 20, 2000

On the other hand, the IRS determined, computed, assessed, collected, and adjusted, asserts that a member’s SL expenses are taken into account in in such manner as clearly to reflect the income-tax a CNOL if … They do establish a default rule that regulations.

Steven Ondo v. City of Cleveland

795 F.3d 597 · Court of Appeals for the Sixth Circuit · Aug 3, 2015

And third, they contend that a court can reject the affidavit entirely only if it clearly contradicts other evidence in an attempt to create “sham facts.” … In district court, Park and Rojas claimed immunity under Ohio Revised Code § 2744.03(A)(6), while Plaintiffs argue that one of the statutory exceptions to that immunity applies.

Coalition Govt Proc v. Fed Prison Indust

Court of Appeals for the Sixth Circuit · Apr 12, 2004

and any takings claim in federal district court.”57 Eastern Enter., legislative history, we conclude that Congress has clearly 524 U.S. at 521 (quotation omitted). … Regulatory Takings whether UNICOR is entitled to sovereign immunity.

Eubanks v. CBSK Fin Grp

Court of Appeals for the Sixth Circuit · Oct 1, 2004

Not only did Plaintiffs’ constant affirmative actions clearly establish a desire to apprise the court of the pending claim, but such a sequence of action actually runs contrary to the conduct need ed to establish a mo tive … Mich. 2003) (finding judicial estoppel inapplicable because the failure to disclose the account did not result in a windfall given that the amount in question was small enough that it would have qualified as a personal exemption

Robert McKenzie Charles Scott, Larry Carnes, Jeffrey Funston, James Penick, David Harrison, Douglas Couch v. Dewey Sowders

774 F.2d 1163 · Court of Appeals for the Sixth Circuit · Sep 5, 1985

774 F.2d 1163 Unpublished Disposition 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 … Sowders claims he was denied his proper request for a jury instruction concerning qualified immunity.

United States v. Paul Corrado, United States of America, Plaintiff-Appellant/cross-Appellee v. Anthony Corrado, Defendant-Appellee/cross-Appellant

304 F.3d 593 · Court of Appeals for the Sixth Circuit · Nov 13, 2002

We are unable to conclude that this finding is clearly erroneous. … Given the proof at trial, however, this finding was not clearly erroneous.

Gregory Kelly v. Warren County Board of Comm'rs

396 F. App'x 246 · Court of Appeals for the Sixth Circuit · Sep 14, 2010

The court also granted Ariss and Hutzel summary judgment, finding that qualified immunity protected them from suit in their mdividual capacities, and that Kelly failed to provide sufficient evidence of retaliation to hold … First Amendment Retaliation Claim Against the Board 1 To establish a prima facie case of First Amendment retaliation against the Board under § 1983, Kelly must establish *250 that: (1) he engaged in protected conduct; (2)

Daniel Lonergan v. Gallagher Sharp, LLP

Court of Appeals for the Sixth Circuit · May 29, 2026

Although a plaintiff bringing an employment discrimination suit need not establish a prima facie case at the pleading stage, he still must plead facts showing that he is entitled to relief. … Gallagher Sharp, LLP The district court did not rely on clearly erroneous facts, use the wrong legal standard, or misapply the proper standard.

French v. Mansour

834 F.2d 115 · Court of Appeals for the Sixth Circuit · Nov 30, 1987

The Michigan Department of Social Services has set forth in its Emergency Needs Manual the policy that:An applicant must pursue all potential resources in order to qualify for Emergency Needs Program. … The Michigan requirement that an emergency assistance applicant first exhaust other potential resources clearly falls within this requirement of assisting in the "efficient administration" of its emergency assistance program

Deborah Jahn v. Equine Services, Psc Scott D. Bennett, D.V.M. Mary Beth Wallingford, D.V.M. And Richard Griffin, D.V.M.

233 F.3d 382 · Court of Appeals for the Sixth Circuit · Nov 21, 2000

They argued that Jahn’s claims failed because she could not establish the cause of the pony’s death. Because Jahn could not establish causation, they argued, her .entire case collapsed. … Robbins may very well be “shaky,” but they are clearly not, as the district court apparently believed, “guesses” or “assumptions.”