Case law

United States v. David Middleton

246 F.3d 825 · Court of Appeals for the Sixth Circuit · Apr 18, 2001

The indictment enumerated each element of tax evasion and clearly provided Middleton with notice of the statute under which he was being prosecuted. … of affirmative acts — which, by its very language, it did not — Middleton’s effort to manage his affairs in a manner so as to avoid generating the records that usually attend earning and spending income would certainly qualify

Anthony Forster v. Henry Steward Warden

360 F. App'x 604 · Court of Appeals for the Sixth Circuit · Jan 5, 2010

Because the state appellate court unreasonably applied clearly established Supreme Court precedent governing waiver, we reverse the district court’s judgment and remand with instructions to grant a conditional writ of … Forster correctly argues that the state court unreasonably applied clearly established federal law when it inferred a waiver of his Fourteenth Amendment right to appellate counsel from his waiver of his Sixth Amendment

Pamela Abbett Nicholson v. Michigan Bell Telephone Co. Oakland County of Michigan Office of Prosecuting Attorney Michigan Public Service Commission

779 F.2d 52 · Court of Appeals for the Sixth Circuit · Oct 11, 1985

779 F.2d 52 Unpublished Disposition NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service … Appellant does not assert facts to allege that the prosecuting attorney's office was shielded only with qualified immunity and acted in bad faith outside the scope of authority. Imbler, supra.

United States v. Kenneth K. Wilson

27 F.3d 1126 · Court of Appeals for the Sixth Circuit · Aug 30, 1994

Accordingly, the district court determined that, based upon these prior convictions, defendant qualified for enhanced sentencing as an Armed Career Criminal. II. … Clearly it was reasonable for a jury to infer that the gun belonged to and was used by defendant.

Sturgell v. Creasy

640 F.2d 843 · Court of Appeals for the Sixth Circuit · Feb 11, 1981

It is well established that the Fifth Amendment’s Due Process Clause which applies to the federal government encompasses equal protection principles. Mathews v. … Allocating scarce resources to families with the greatest need clearly bears a rational relationship to the purposes of the AFDC program. 42 U.S.C. § 601 .

United States v. Shafer

573 F.3d 267 · Court of Appeals for the Sixth Circuit · Jul 21, 2009

“Another person” clearly requires at least two individuals to be involved in the act. … Simply because the statute does not specifically state that self-masturbation qualifies as “sexual contact” does not mean that Congress intended for such an activity to be excluded, especially when self-masturbation falls

United States v. Gilpatrick

548 F.3d 479 · Court of Appeals for the Sixth Circuit · Nov 26, 2008

This testimony from three different wit *486 nesses clearly supports the district court’s finding that the enhancement under Section 3C1.1 should apply. Such conduct also legally qualifies as obstruction of justice. … Consequently, we find that the district court’s application of the two-level enhancement was not clearly erroneous. C.

United States v. Sexton

119 F. App'x 735 · Court of Appeals for the Sixth Circuit · Jan 6, 2005

The government then called her to testify after requesting immunity for her pursuant to 18 U.S.C. § 6002. … The court informed Moss it would grant the request for immunity and told her that she was compelled to testify.

United States v. Doyle E. Campbell, Doyle E. Campbell, M.D., Inc., an Ohio Corporation

845 F.2d 1374 · Court of Appeals for the Sixth Circuit · Apr 12, 1988

Campbell, an ophthalmologist, established his practice in southern Ohio in 1971. Many of Dr. Campbell’s patients are elderly people who qualify for federal medicare benefits and state medicaid benefits. … Moreover, the question of intent was clearly at issue since Dr.

United States v. Ward

506 F.3d 468 · Court of Appeals for the Sixth Circuit · Oct 23, 2007

And, under these circumstances, it was not clearly improbable that the firearm was connected to the offense. … While defendant Cook’s sentence was lengthy, he has not established that the sentence was unreasonable. See United *479 States v.

Harris v. United States

Court of Appeals for the Sixth Circuit · Sep 2, 2005

In addressing the dismissal of Harris’s FTCA claims, the district court’s factual findings “shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge of … In Carlson, the Court refused to condition the availability of a Bivens claim on the federal government’s waiver of sovereign immunity through the FTCA.

Smith v. United States Postal

Court of Appeals for the Sixth Circuit · Jul 15, 2004

Under these regulations, it would have been unlawful normally are insufficient to establish a constructive discharge for the USPS not to make reasonable accommodation to as a matter of law. … Shalala, 991 F.2d 126, 132 (4th immunize the employer’s failure to abide by its legal Cir. 1993) (holding that an employee who was provided obligation to provide a reasonable accommodation.

Leroy Eaddy-Bey v. Scott Gosselin, Guard Frederick, and M. Smith

860 F.2d 1078 · Court of Appeals for the Sixth Circuit · Oct 13, 1988

McQUADE, JR., United States District Court for the Northern District of Ohio, sitting by designation 1 Judge Cook found that the hearing officer was "entitled to receive the protections of qualified immunity from civil liability … In light of this finding, the hearing officer should have been immune from paying even nominal damages.

United States v. James H. Spikes (96-3899) Marilyn Smith (96-3660)

158 F.3d 913 · Court of Appeals for the Sixth Circuit · Sep 2, 1998

The district court’s factual findings, however, will be set aside only if they are clearly erroneous. Id. … Spikes’s conviction for attempted aggravated drug trafficking thus qualifies as a predicate “felony drug offense” under § 841(b)(1).

Louisville Black Police Officers Organization, Inc. v. City of Louisville

700 F.2d 268 · Court of Appeals for the Sixth Circuit · Feb 4, 1983

It did not establish rules of law to be slavishly applied. … Patterson as LDF attorneys as well as the fact that they are both highly qualified and experienced specialists in litigating employment discrimination cases.

NEFT, LLC v. Border States Energy, LLC

297 F. App'x 406 · Court of Appeals for the Sixth Circuit · Oct 15, 2008

. § 275.150(1) immunized the 2 Because defendants James and Annette Staples were husband and wife, they were treated as one individual. … § 275.150(2), excepting them from the immunity conferred by § 275.150(1) and obligating them to answer personally for the debts of Border States.

Gary Knop, Cross-Appellants v. Perry M. Johnson, Cross-Appellees. Everett Hadix v. Perry M. Johnson, Individually and as Director of the Michigan Department of Corrections

977 F.2d 996 · Court of Appeals for the Sixth Circuit · Oct 16, 1992

Lower courts have also implicated the Privileges and Immunities Clause of Article IV. Nordgren v. Milliken, 762 F.2d 851, 853 (10th Cir.), cert. denied, 474 U.S. 1032 , 106 S.Ct. 593 , 88 L.Ed.2d 573 (1985); Smith v. … The handbooks used at some facilities do not explain the policy clearly or do not discuss it at all.

Western & A. R. v. Roberson

61 F. 592 · Court of Appeals for the Sixth Circuit · Apr 3, 1894

This was the allegation of the declaration, and there was evidence tending to establish the truth of the allega tion. … It was clearly not misleading.

Sherry Jones v. Union County, Tennessee Union County Sheriff's Department

296 F.3d 417 · Court of Appeals for the Sixth Circuit · Jul 16, 2002

If the abuse occurs pre-filing, then the plaintiff must establish that such abuse denied her “effective” and “meaningful” access to the courts. … As DeShaney clearly held, the state, as a general rule, cannot be held hable under the Due Process Clause for private acts of violence. 489 U.S. at 196-97 , 109 S.Ct. 998 .

Cattin v. General Motors Corp.

955 F.2d 416 · Court of Appeals for the Sixth Circuit · Jan 30, 1992

The GM retirement plan, established in 1950, consists of two parts. … Miller, as unpublished and not a binding precedent, is clearly distinguishable from this case.