Case law

Anthony Edwards v. Bradley Rougeau

Court of Appeals for the Sixth Circuit · Jun 11, 2018

Rougeau’s motion also invoked a qualified immunity defense. On February 22, 2017, the district court held a hearing on Rougeau’s motion. … The district court also found that, even if sufficient facts had been pleaded to support those allegations, Rougeau was entitled to qualified immunity.

Davie v. Mitchell

Court of Appeals for the Sixth Circuit · Nov 12, 2008

The proper inquiry here is again whether the state court’s disposition of the claim was an unreasonable application of clearly established federal law, as determined by the Supreme Court. … For a state court not to anticipate the holdings of subsequent circuit cases dealing with less explicit instructions can hardly amount to an unreasonable application of clearly established Supreme Court law.

United States v. Nancy Sadler

750 F.3d 585 · Court of Appeals for the Sixth Circuit · Apr 24, 2014

Lots of evidence established these other transactions, and Nancy does not argue otherwise. … As the guidelines tell us, however, “[t]here can, of course, be more than one person who qualifies as a leader or organizer of a criminal . . . conspiracy.” Id.

Mike Fitzpatrick v. City of Frankfort, Kentucky

305 F. App'x 258 · Court of Appeals for the Sixth Circuit · Dec 24, 2008

immunity because the plaintiff’s First Amendment rights were not clearly established at the time. … The first step in the qualified-immunity analysis is to determine whether the facts, viewed in the light most favorable to the plaintiff, show that a constitutional violation occurred. Feathers v.

Deborah A. Northcross, Cross-Appellees v. Board of Education of the Memphis City Schools, Cross-Appellants, and City of Memphis, Added Cross-Appellants. Deborah A. Northcross, Cross-Appellees v. Board of Education of the Memphis City Schools, Cross-Appellants

611 F.2d 624 · Court of Appeals for the Sixth Circuit · Jan 17, 1980

establishing the appropriate remedy, monitoring the decree, and recovering his fee. … Thus their entitlement to fees on this account is clearly demonstrated. 73 We have already established the fact that the plaintiffs are the prevailing party in this lawsuit; the Memphis schools are desegregated and the defendants

Ruby Saylor v. Parker Seal Company and Commonwealth of Kentucky, Department of Workers' Claims

975 F.2d 252 · Court of Appeals for the Sixth Circuit · Sep 14, 1992

First, workers’ compensation is clearly one of the state’s traditional areas of authority. … The Plan benefits are calculated and paid to Saylor in the same manner and amount as they would be had she not qualified for workers’ compensation.

Pagan v. Fruchey

Court of Appeals for the Sixth Circuit · Jun 29, 2007

Following the parties’ cross-motions for summary 1 The district court, in its order granting summary judgment in favor of the defendants, determined that Chief Fruchey was entitled to qualified immunity … The ban’s effect on the harm addressed in the CPA case was not clearly established; in the present case it is compellingly obvious. The cases are flatly different on their face.

Morris May v. Warner Amex Cable Communications Virgil Reed, President of Wacci Patricia Morrison, V.P. And Legal Counsel of Wacci

853 F.2d 927 · Court of Appeals for the Sixth Circuit · Aug 10, 1988

853 F.2d 927 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 … We also note that the defendants are immune from liability for damages under 47 U.S.C. Sec. 558 . See Community Television of Utah v.

V & M STAR STEEL v. Centimark Corp.

678 F.3d 459 · Court of Appeals for the Sixth Circuit · Apr 25, 2012

A district court abuses its discretion if it predicates a ruling on an erroneous view of the law or a clearly erroneous assessment of the evidence. Id. … Mester was qualified by knowledge, skill, experience, and training to give reliable opinion testimony about the frequency and necessity of kicker use in the metal roofing industry.

Michael Anthony Barnes v. John C. Scott, Clerk

996 F.2d 1214 · Court of Appeals for the Sixth Circuit · Jun 25, 1993

996 F.2d 1214 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 … Absolute immunity clearly bars any action for damages against the judicial officials sued here. See Morrison v. Lipscomb, 877 F.2d 463, 465 (6th Cir.1989).

Dixie Fuel Co. v. Commissioner of Social Security

171 F.3d 1052 · Court of Appeals for the Sixth Circuit · Mar 25, 1999

Clearly, no such selection occurs when the beneficiary remains “unassigned.” … Pierce County involved a provision in the Comprehensive Employment and Training Act ("CETA"), an act which required qualified entities receiving federal grants for job training programs to comply with the statute and regulations

Burkett v. United States Department Of Agriculture

764 F.2d 1203 · Court of Appeals for the Sixth Circuit · Jun 20, 1985

Shaffer's BEOG funds for qualified education expenses.... … explaining Terra's method of holding funds in the student's account for the duration of the drop/add period, a factual element absent from the situation in Shaffer, and one which I feel is crucial. 33 I feel the case is clearly

Barbara Rose v. Truck Centers, Inc.

388 F. App'x 528 · Court of Appeals for the Sixth Circuit · Aug 6, 2010

Smith’s Qualifications In order to qualify as an expert under Rule 702, a witness must establish his or her expertise by reference to “knowledge, skill, experience, training, or education.” Fed. R. Evid. 702. … First, we note that determining the weight that should be afforded to Smith’s testimony is a function that clearly belongs in the realm of the trier of fact.

Kentucky Speedway, LLC v. National Ass'n of Stock Car Auto Racing, Inc.

588 F.3d 908 · Court of Appeals for the Sixth Circuit · Dec 11, 2009

“A district court abuses its discretion if it bases its ruling on an erroneous view of the law or a clearly erroneous assessment of the evidence.” Brown v. … An injury does “not qualify as ‘antitrust injury’ unless it is attributable to an anti-competitive aspect of the practice under scrutiny.” Atl. Richfield Co. v.

Cedric Carter v. Betty Mitchell

829 F.3d 455 · Court of Appeals for the Sixth Circuit · Jul 13, 2016

A state court unreasonably applies clearly established federal law “if it correctly identifies the governing legal rule but applies that rule unreasonably to the facts of a particular prisoner’s case.” White v. … that a clearly established rule applies to a given set of facts that there could be no ‘fairminded disagreement’ on the question.”

Margaret FELISKY, Plaintiff-Appellant, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant-Appellee

35 F.3d 1027 · Court of Appeals for the Sixth Circuit · Jul 7, 1994

It has not progressed to be any worse, however, it has clearly not improved at all. She also complains of being unable to raise her legs easily to climb stairs. … Feli-sky did qualify her statement, however, by testifying that sometimes she can write for fifteen minutes and sometimes she cannot.

Jerry Bush v. Steve Banks

103 F.3d 128 · Court of Appeals for the Sixth Circuit · Nov 18, 1996

Based on its finding, the district court did not consider qualified immunity defenses and also declined to exercise supplemental jurisdiction over Bush's pendent state law claims against Collins. … Because the district court did not consider the qualified immunity question below, it would be premature for us to consider it here.

United States v. Thomas Wallace

16 F.3d 1223 · Court of Appeals for the Sixth Circuit · Feb 14, 1994

16 F.3d 1223 74 A.F.T.R.2d 94 -5456 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 … The sentencing court's determination that Wallace's admission of guilt was qualified by an attempt to excuse his conduct is supported by the record and by plausible inferences.

Humphrey v. United States Attorney General's Office

279 F. App'x 328 · Court of Appeals for the Sixth Circuit · May 15, 2008

of limitations provided in 28 U.S.C. § 2401(b) – it was necessary and entirely appropriate for the district court to consider the date on which Humphrey’s administrative claim was denied.4 In fact, this documentation clearly … “The doctrine of sovereign immunity precludes suit against the United States without the consent of Congress; the terms of its consent define the extent of the court’s jurisdiction.

Warman v. Pittsburg & Midway Coal Mining Co.

839 F.2d 257 · Court of Appeals for the Sixth Circuit · Feb 9, 1988

Anderson's deposition clearly demonstrate that Dr. Anderson, although diagnosing Warman as having pneumoconiosis, believed that Warman was not totally disabled by the disease. 20 Q.26. Dr. … However, the ALJ noted that all of the more qualified "B" readers had read Warman's X-rays as negative for pneumoconiosis.