Case law

Keith Mustin v. Lyneal Wainwright

Court of Appeals for the Sixth Circuit · Aug 27, 2024

In Welch, this court affirmed the denial of qualified immunity to prison administrators where an inmate provided evidence that he was served meals containing approximately half the daily calories provided to the general … Tanzin distinguished Sossamon’s interpretation of RLUIPA as dictated by the sovereign immunity interests implicated when suing a state. Id. at 51–52.

Edward Nelson Hunt v. Gary Applegate James Holton, Sheriff Deputy

91 F.3d 143 · Court of Appeals for the Sixth Circuit · Dec 31, 1996

91 F.3d 143 NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished … ; and (3) Sheriff Lori, Deputy Holton, and Deputy Henkel were entitled to qualified immunity. 2 The facts of this case are troubling.

Tyrone Tilephus Reid v. Washtenaw Circuit Court, Joan Schoof and Diane Popek, Court Reporters

791 F.2d 934 · Court of Appeals for the Sixth Circuit · Apr 9, 1986

Defendant Popek filed a motion to dismiss and for summary judgment on the grounds that she had submitted a trial transcript as requested and she was entitled to qualified immunity. … The district court denied plaintiff's motion for default judgment and granted Popek's motion for summary judgment on the grounds that Popek properly filed the requested transcript, was entitled to qualified immunity and her

Debra Chesnut v. United States

15 F.4th 436 · Court of Appeals for the Sixth Circuit · Sep 28, 2021

which was approvingly cited by the Kentucky Supreme Court in two of its important medical negligence decisions, Baylis, 805 S.W.2d at 124, and Ashland Hospital Corp., 581 S.W.3d at 578, the plaintiffs’ expert used similar qualifying … Roberts was uncertain as to whether there would have been any difference between an April 12 diagnosis and an April 13 diagnosis” was clearly erroneous under Rule 52 and Kentucky law.

Kamryn Randle v. Ladel Lewis

Court of Appeals for the Sixth Circuit · May 1, 2025

Defendants also argue that legislative and qualified immunity foreclose Randle’s First Amendment claims. 4 We do not address immunity because the other issues are dispositive and the district court did not reach … the immunity issue

United States v. Christopher Staton

Court of Appeals for the Sixth Circuit · Mar 19, 2021

The district court did not clearly err when it found that Staton lied about the stop. … See Fitch, 964 F.2d at 576 (“If a breach of an immunity agreement is established, the available remedies are those specified in the agreement.”); United States v.

Southwest Williamson County Community Ass'n v. Slater

243 F.3d 270 · Court of Appeals for the Sixth Circuit · Mar 14, 2001

FHWA clearly has jurisdiction over the four interchanges where Route 840 South intersects with federal highways. … FHWA, 950 F.2d at 1134 n. 6 (“In addition to being part of an FHWA approved federal-aid highway system ..., a project must also meet the requirements of environmental regulations to qualify as an FHWA project.”).

Lennon v. Metropolitan Life Insurance

504 F.3d 617 · Court of Appeals for the Sixth Circuit · Oct 10, 2007

The record in this case establishes that Lennon’s behavior was, to borrow a term sometimes used in tort law, grossly negligent. … Presumably this means conduct that is appreciably more risky, or less beneficial, than conduct qualifying as ordinary negligence....

Kentucky Right To Life, Inc. v. Joseph Terry

108 F.3d 637 · Court of Appeals for the Sixth Circuit · Mar 7, 1997

This exception properly applies only when a recalcitrant legislature clearly intends to reenact the challenged regulation. … provided, in relevant part, that: A slate of candidates for Governor and Lieutenant Governor ... may receive contributions from permanent committees which, in the aggregate, shall not exceed twenty-five percent (25%) of the qualifying

Associated Builders And Contractors v. Perry

115 F.3d 386 · Court of Appeals for the Sixth Circuit · Jun 5, 1997

As described in the Stipulation of Facts received by the district court, the Act does not require the establishment of any fringe benefit program or plan. … in Associated's complaint, Associated seeks a declaration that Michigan's PWA is invalid and an injunction restraining PWA's enforcement, on the ground that PWA deprives Associated's members of the rights, privileges and immunities

Refaat Abul Hosn v. Iraq Ministry of Transport

Court of Appeals for the Sixth Circuit · Apr 30, 2020

After an initial screening,2 the district court determined that IMT had immunity under the FSIA and dismissed the case. … For Rule 12(b)(1) factual attacks, we accept the district court’s findings of fact unless the findings are clearly erroneous. See Russell, 784 F.3d at 1045.

Bryson v. Regis Corp

Court of Appeals for the Sixth Circuit · Aug 16, 2007

As a threshold issue, a disability-discrimination plaintiff must establish that she suffers from an impairment that qualifies as a “disability.” … First, Bryson must establish a prima facie case.

Louis A. Mitchell v. Commissioner of Internal Revenue

73 F.3d 628 · Court of Appeals for the Sixth Circuit · Jan 16, 1996

It is well established that, “[s]ince the inception of the present federal income tax in 1913, capital expenditures have not been deductible.” Woodward v. … In order to determine the characterization of settlement payments, the Supreme Court has established the “origin-of-elaim” test.

United States v. Moon

Court of Appeals for the Sixth Circuit · Jan 16, 2008

It is well established that due process protects against prosecutorial retaliation for a defendant’s exercise of a statutory or constitutional right. United States v. … The testimony of the family members was clearly relevant to the nature and circumstances of Defendant’s health care fraud offenses.

Gray v. International Ass'n of Heat & Frost Insulators & Asbestos Workers, Local No. 51

447 F.2d 1118 · Court of Appeals for the Sixth Circuit · Sep 8, 1971

In view of the substantial time and energy that had already been expended at the time these claims were dismissed, the District Court clearly had the discretion and power to retain jurisdiction of the pendent state claim. … No such reason was given to Gray who insisted that he had the needed physical ability, as well as being otherwise qualified as a “mechanic.” Critical issues of fact were framed by the conflicting evidence.

Justice v. Metropolitan Government of Nashville

4 F.3d 1387 · Court of Appeals for the Sixth Circuit · Sep 24, 1993

Clearly, such a ludicrous result is not contemplated by the regulations at issue. 793 F.2d at 312-13. … Pursuant to Section 553.212, we must next determine what qualifies as nonexempt activities.

M. C. Griffin v. Dale Foltz, Dennis Straub, John Voigt

803 F.2d 719 · Court of Appeals for the Sixth Circuit · Sep 29, 1986

803 F.2d 719 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 … Ct. 496 , 88 L.Ed.2d 507 (1985) (hearing officer entitled only to qualified immunity,) we agree with the court's alternative holding that the plaintiff was not denied any due process rights at the hearing.

Stanley v. City of Norton

Court of Appeals for the Sixth Circuit · Jan 6, 2005

T o d ef eat qu alif ied immunity , the plaintiff must show : 1) that a constitut ional right w as violated; and 2) that t he right w as clearly established (w hether a reasonable off icer w ould have had fair w arning … Having determined that t hey are entitled to qualified immunity , the claim s of un law f ul searc h, un law f ul seizur e, an d m alicio us p rosec ut ion , as w ell as t he Bivens claim again st Spec ial A gen t Kim m

Bus. Dev. Corp. of S.C. v. Rutter & Russin, LLC

37 F.4th 1123 · Court of Appeals for the Sixth Circuit · Jun 16, 2022

BDC did not bring a “counterclaim” against the Suggs at all, and its claims against State Farm (a codefendant) would qualify as permissive “cross claims.” Ohio Civ. R. 13(G). … The court held that claim preclusion barred this suit because the attorney was “clearly acting as [the organization’s] agent” when engaging in the challenged conduct. Id. at *7.

Michigan Savings and Loan League, (80-1393) v. Richard Francis, Commissioner of the Michigan Financial Institutions Bureau of the Department of Commerce of the State of Michigan, (80-1393 & 80-1452) v. Federal Home Loan Bank Board, (80-1452)

683 F.2d 957 · Court of Appeals for the Sixth Circuit · Jul 8, 1982

"To bring a case within the (federal question) statute, a right or immunity created by the constitution or laws of the United States must be an element, and an essential one, of the plaintiff's cause of action." … If the cause of action, which the declaratory defendant threatens to assert, does not involve a claim under federal law, it is doubtful if a federal court may entertain an action for a declaratory judgment establishing a