Case law

Munson v. Gilliam

543 F.2d 48 · Court of Appeals for the Sixth Circuit · Oct 20, 1976

Such circumstances exist only when there is a threat of irreparable injury "both great and immediate." 401 U.S. at 56 , 91 S.Ct. at 757 . 10 The Court went on to specify some threats that might qualify as "great and immediate … Clearly an investigation of the tenant's position could be beneficial. Exercise of the prosecutor's investigative responsibilities must, however, be granted a reasonable area of discretion.

Taylor Acquisitions, L.L.C. v. City of Taylor

313 F. App'x 826 · Court of Appeals for the Sixth Circuit · Feb 19, 2009

These are clearly reasonable and appropriate objectives for any city council and mayor to have. … an equal protection violation, we need not address whether Defendants were entitled to summary judgment on the basis of qualified immunity.

Chase Manhattan Mtg v. Smith

Court of Appeals for the Sixth Circuit · Nov 14, 2007

These provisions were clearly marked as separate from the complaint itself, and the language employed simply notifies the Smiths of their right to information under federal law. … Lastly, the Smiths argue that, as Chapter 13 bankruptcy debtors, the Smiths qualified under 28 U.S.C. § 1452(a) to remove any civil cause of action to the district court.

Steven Scozzari v. Jeremy McGraw

500 F. App'x 421 · Court of Appeals for the Sixth Circuit · Sep 14, 2012

We recently affirmed the denial of qualified immunity for the defendants on the constitutional claims. Id. at 468. … In Ewolski, police had “established perimeters around,” “surrounded,” and “paraded an armored vehicle in front of” the suspect’s home. 287 F.3d at 498, 506.

Wilgar Land Co. v. OWCP

85 F.4th 828 · Court of Appeals for the Sixth Circuit · Oct 31, 2023

The preamble interpreted the then-existing scientific studies to establish that coal-mine work can cause obstructive diseases, either alone or in combination with smoking. … But those briefs do not clearly identify the type of error that the judge allegedly made.

Timothy Paul Keenan v. Genevieve Allen

28 F.3d 1213 · Court of Appeals for the Sixth Circuit · Jun 24, 1994

states require that prison officials afford such protections during the prison hearing process. 3 A magistrate judge first determined that the defendant, who is not an attorney, was not entitled to absolute quasi-judicial immunity … , but only qualified immunity.

Ahmed v. Mukasey

Court of Appeals for the Sixth Circuit · Mar 20, 2008

In this regard, the IJ concluded that even though Ahmed was the intended beneficiary of an I-130 petition filed by his adoptive father on his behalf, he did not qualify for an immediately available immigrant visa under the … The BIA stated: The pertinent facts of this case are set forth by the Immigration Judge and have not been shown to be clearly erroneous.

Mclaughlin v. Holt Public Schools Board Of Education

320 F.3d 663 · Court of Appeals for the Sixth Circuit · Mar 17, 2003

They noted in the dissenting report that Emma qualified for the resource room because her needs did not require more than half of her instructional day in special education, which was the cutoff for allowing the delivery … It is clearly established that the McLaughlins bear the burden of proving by a preponderance of the evidence that the IEP devised by Holt Public Schools is inappropriate. See Dong v. Board of Educ. of Rochester Cmty.

David Vance v. Village of Highland Hills, Ohio

Court of Appeals for the Sixth Circuit · Oct 26, 2021

The Village believes it has established a qualifying work period under the Fair Labor Standards Act (FLSA) that would entitle it to a statutory exemption from some overtime pay, resulting in the Village owing Vance $11,220.25 … not qualify for the § 207(k) exemption.

Thurmond v. Wayne County Sheriff Department

564 F. App'x 823 · Court of Appeals for the Sixth Circuit · Apr 28, 2014

“A court abuses its discretion when it commits a clear error of judgment, such as applying the incorrect legal standard, misapplying the correct legal standard, or relying upon clearly erroneous findings of fact.” … On remand, the district court established a dispositive motion deadline of December 21, 2011. Thurmond timely filed a motion to remand the state law claims to state court.

Joseph Michael Serra v. Michigan Department of Corrections, Raymond G. Toombs

4 F.3d 1348 · Court of Appeals for the Sixth Circuit · Oct 29, 1993

The "presumption" is flatly inconsistent with some broad unreviewable or half-reviewable "discretion" vested in the trial judge to do whatever he wants. 52 This Court has clearly misapplied this standard. … By the time of his trial she had already plead guilty and all that remained in her case was sentencing. 58 The purpose of the Michigan spousal immunity law, like most other such laws, is to preserve marital harmony.

Bobby Joe Lewellen v. The Metropolitan Government of Nashville and Davidson County, Tennessee and the Metropolitan Board of Public Education

34 F.3d 345 · Court of Appeals for the Sixth Circuit · Oct 12, 1994

any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … What the defendants in this case clearly did not do was engage in arbitrary conduct intentionally designed to punish someone — e.g., giving a worker “a particularly dangerous assignment in retaliation for a political speech

Edward N. Carlton v. Jackson County Court Michigan Department of Corrections T. McLauchlan Officers Brian Peacock Tweedie and Wilmoth

875 F.2d 862 · Court of Appeals for the Sixth Circuit · May 31, 1989

Here the plaintiff has not presented any reason why the district court's findings of fact are clearly erroneous. … Here the district court was clearly expressing his opinion concerning judicial matters.

Freddie McNeill, Jr. v. Margaret Bagley

10 F.4th 588 · Court of Appeals for the Sixth Circuit · Aug 20, 2021

It is at best unclear whether this rule was firmly and clearly established. … However, I briefly note that, “[t]o qualify as an ‘adequate’ procedural ground, a state rule must be ‘firmly established and regularly followed,’” Walker v. Martin, 562 U.S. 307, 316 (2011) (quoting Beard v.

Maryland Casualty Co. v. Massey

38 F.2d 724 · Court of Appeals for the Sixth Circuit · Apr 15, 1930

There is in relation to the requirement for proofs of loss no qualifying provision in the policy similar to the one with respect to notice. … It is clearly contemplated, however, that proofs be made on forms supplied by the defendant, and some light is thrown upon their very minimum requirements by the provision made in case the company failed to furnish forms.

Bryant v. Dollar Gen Corp

Court of Appeals for the Sixth Circuit · Aug 15, 2008

Courts throughout the country have observed that the FMLA “was clearly intended to provide [] protection” against “discharg[ing] or discriminat[ing] against an employee for exercising her rights under the Act.” … In enacting the FMLA, Congress plainly stated that “the purpose of this Act” included establishing a right for “employees to take reasonable leave for medical reasons.” 29 U.S.C. § 2601(b).

Donald Bush v. Compass Group USA

683 F. App'x 440 · Court of Appeals for the Sixth Circuit · Mar 23, 2017

Qualified Individual with a Disability The Americans with Disabilities Act provides that “[n]o covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application … By contrast, Bush’s own deposition testimony clearly establishes that lifting up fifty pounds was a regular and essential feature of his work. 9

United States v. Bernard Chester Webb

403 F.3d 373 · Court of Appeals for the Sixth Circuit · Apr 6, 2005

“[A] plea does not qualify as intelligent unless a criminal defendant first receives real notice of the true nature of the charge against him.” Bousley v. … “[W]here the law at the time of trial was *382 settled and clearly contrary to the law at the time of the appeal [ ] it is enough that an error be ‘plain’ at the time of appellate consideration.”

James Boyd and Elizabeth Boyd v. Ford Motor Company Rouge Steel Company the Motor Vessel Ms. Henry Ford II

948 F.2d 283 · Court of Appeals for the Sixth Circuit · Nov 6, 1991

This court refused to find clearly erroneous the district court’s findings that the Delta Queen was not in navigation and that the plaintiff, therefore, was not a seaman. … However, it is also true that the routine of lay-up had been established because the vessels could not operate in the ice and cold.

Ramzi Halasah v. City of Kirtland

485 F. App'x 776 · Court of Appeals for the Sixth Circuit · Jun 21, 2012

The district court went on to conclude that Halasah’s failure to establish a constitutional violation precluded municipal liability and entitled Officer Fisher and Chief Baumgart to qualified immunity. … “It is well-established that issues adverted to in a perfunctory manner, unaccompanied by some effort at developed argumentation, are deemed waived.” Dillery v.