Case law

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996 F.2d 1214 NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited … Absolute immunity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).

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.”

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

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.

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16 F.3d 1223 74 A.F.T.R.2d 94 -5456 NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service … The sentencing court's determination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.

Danny Hill v. Carl Anderson

Court of Appeals for the Sixth Circuit · Feb 2, 2018

Ordinarily, Supreme Court decisions that post-date a state court’s determination cannot be “clearly established law” for the purposes of AEDPA. Peak v. … When a court “disregards established medical practice” in assessing a criminal defendant’s claim of intellectual disability, the error amounts to an unreasonable application of clearly established federal law.

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.

Vasha v. Gonzales

Court of Appeals for the Sixth Circuit · Jun 14, 2005

Under the INA, the Attorney General may grant asylum to an alien who qualifies as a “refugee,” which is defined as one “who is unable or unwilling to return to . . . … In order to qualify for withholding of removal, Vasha “must establish that there is a clear probability that he will be subject to persecution if forced to return to [Albania].” Id.

Silas T. McAdoo v. Frank Elo

346 F.3d 159 · Court of Appeals for the Sixth Circuit · Sep 23, 2003

Rather, the issue is whether the state court's application of clearly established federal law was "objectively unreasonable." … Thus, the independent review determines whether the state court decision is contrary to federal law, unreasonably applies clearly established federal law, or is based on an unreasonable determination of the facts in light

Junior Blackston v. Lloyd Rapelje

Court of Appeals for the Sixth Circuit · Feb 17, 2015

Clearly Established Law Under AEDPA, we must first determine whether there is “clearly established” law governing the case. See Carey v. Musladin, 549 U.S. 70, 74-77 (2006). … The state’s arguments against the existence of clearly established law are unconvincing. The state challenges the existence of clearly established confrontation law.

Doris Leigh, Brenda Wilkins v. Bureau of State Lottery Michael J. Carr Libby Ballard Bruce McComb William M. Nugent

876 F.2d 104 · Court of Appeals for the Sixth Circuit · Jun 13, 1989

court's basis for granting summary judgment--that appellant failed to establish a prima facie case--cannot be supported because her prima facie case clearly is established by the evidence. … The district court ruled that the plaintiff failed to establish a prima facie case because she did not prove she was qualified for the position of Promotional Agent V.

Fred L. Anderson v. Charles E. Slater

895 F.2d 1412 · Court of Appeals for the Sixth Circuit · Feb 16, 1990

895 F.2d 1412 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 … Forsyth, 472 U.S. 511, 530 (1985) (the denial of qualified immunity, to the extent it turns on a question of law, may also be appealed immediately). 11 It is well-established that a judge is immune from suit for "judicial

Jason Small v. Memphis Light, Gas & Water

952 F.3d 821 · Court of Appeals for the Sixth Circuit · Mar 12, 2020

And for what it is worth, he has not identified any other open positions for which he was qualified. Cf. Henschel v. Clare Cty. Rd. … Nothing in the record suggests that the district court erred—let alone clearly so— when it found that the parties had not reached an agreement. See Therma-Scan, 217 F.3d at 420.

United States of America and Needham Gray Joyner, Jr., Revenue Agent of the Internal Revenue Service v. Gordon H. Thompson

701 F.2d 1175 · Court of Appeals for the Sixth Circuit · Mar 11, 1983

establishing such an institutional purpose. … The returns for all years were prepared by a firm of qualified certified public accountants. 4 .

Kenneth Haggard v. John Stevens

683 F.3d 714 · Court of Appeals for the Sixth Circuit · Jun 20, 2012

plaintiffs’ uniform rule of survivorship would do virtually nothing to deter constitutional torts—because virtually nobody is more inclined to commit them based upon the prospect that the actor might die and thus obtain immunity … Moreover, Baker also contradicts precedents established by this Circuit and the Supreme Court that clearly hold that the law of the forum state supplies the interstitial rule in a federal civil rights suit. See Jaco v.

Lrl Properties v. Portage Metro Housing Authority

55 F.3d 1097 · Court of Appeals for the Sixth Circuit · Jul 6, 1995

The complaint itself states that plaintiffs’ application for participation in the Section 8 Moderate Rehabilitation Program was rejected, that is, it failed to meet the qualifying requirements. … The first type includes claims asserting denial of a right, privilege, or immunity secured by the Constitution or by federal statute other than procedural claims under “the Fourteenth Amendment simpliciter.”

United States v. Edward Dominguez

359 F.3d 839 · Court of Appeals for the Sixth Circuit · Mar 4, 2004

Michigan clearly could not by statute restrain federal prosecutors from enforcing federal criminal laws as to Michigan convicts. … Carr may not fully accord with the modern view of sovereign immunity, but its general concerns remain valid.

Claude Grant v. Metropolitan Gov't of Nashville

446 F. App'x 737 · Court of Appeals for the Sixth Circuit · Aug 26, 2011

“As a factual matter,” the court explained, “the proof also clearly establishes that [Metro’s Water Services Department (“MWS”)] distorts educational requirements, seniority, and experience in its promotion decisions of … As the district court found, “the proof . . . clearly establishes that MWS distorts educational requirements, seniority, and experience in its promotion decisions of its white employees,” and it is therefore not possible

Toby Lamb, II v. Brant Kendrick

52 F.4th 286 · Court of Appeals for the Sixth Circuit · Oct 26, 2022

And Lamb’s affidavit didn’t establish that he did what was required. … Doe, 742 F.3d 632, 635 (6th Cir. 2014) (burden shifting in the qualified immunity context adopting that approach); Campbell v. Grand Trunk W. R.R.

Mark S. Stuhlreyer v. Armco, Inc.

12 F.3d 75 · Court of Appeals for the Sixth Circuit · Dec 16, 1993

Plaintiff maintains that after he refused to resign, Turnipseed threatened that if Stuhlreyer forced Turnipseed to terminate him so as to qualify him for severance pay, Turnipseed would make it difficult for plaintiff to … Georgia-Pacific Corp., 46 Ohio St.3d 134, 137 , 545 N.E.2d 1244 (1989) (emphasis in original). 1. ' Like the district court, we hold that Stuhl-reyer’s claim for severance benefits under ERISA is clearly barred by the prior