Case law

Bob Anderson v. City of Fulton, Ky

Court of Appeals for the Sixth Circuit · Sep 24, 2021

To succeed on his § 1983 claim, Anderson must establish that Buckingham violated the Fourth Amendment and is not entitled to qualified immunity. Slusher v. Carson, 540 F.3d 449, 453 (6th Cir. 2008). … But Anderson fails to establish the constitutional violation.

United States v. Darmus Dalton

574 F. App'x 639 · Court of Appeals for the Sixth Circuit · Jul 28, 2014

Dalton cannot establish that the district court erred by admitting Detective Hunter’s opinion testimony. … Dalton history score was six, establishing a criminal history category of III.

Patty Cleveland v. Southern Disposal Waste Connections

491 F. App'x 698 · Court of Appeals for the Sixth Circuit · Aug 9, 2012

“To establish a prima facie claim of racial discrimination based on a failure to promote[,] . . . a plaintiff generally must demonstrate that: (1) he is a member of a protected class; (2) he applied and was qualified for … qualified for the position.

Pioneer S. S. Co. v. Jenkins

189 F. 312 · Court of Appeals for the Sixth Circuit · Jul 11, 1911

The principal argument in support of the exception to the first paragraph of the charge quoted is that the existence of the alleged custom is denied by a number of witnesses better qualified by experience and observation … than were those testifying to the existence of the custom; and that in these circumstances it was error to submit to the jury the question whether the claimed custom was established; in other words, that the proof so clearly

United States v. Gregory Williams

43 F.3d 1473 · Court of Appeals for the Sixth Circuit · Dec 15, 1994

Sec. 3B1.1 is a factual finding that this court should affirm unless clearly erroneous. United States v. Gibson, 985 F.2d 860, 865 (6th Cir.), cert. denied, 113 S.Ct. 2981 (1993). … Even under a narrow interpretation of section 3B1.1, Williams qualifies for a four level enhancement. Thus, there is no need to address the possible ex post facto effect of the 1990 amended commentary.

Wedria Long, -Appellant v. Kenneth McGinnis Wayne Weiss and Michigan Department of Corrections

97 F.3d 1452 · Court of Appeals for the Sixth Circuit · Sep 17, 1996

97 F.3d 1452 NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished … Michigan Department of State Police, 491 U.S. 58, 71 (1989), to require "plaintiffs seeking damages under § 1983 [to] set forth clearly in their pleading[s] that they are suing the state defendants in their individual capacity

32 Fair empl.prac.cas. (Bna) 688, 32 Empl. Prac. Dec. P 33,758 David L. Rasimas, Cross-Appellee v. Michigan Department of Mental Health, Cross-Appellant

714 F.2d 614 · Court of Appeals for the Sixth Circuit · Jul 28, 1983

The Finding of Discrimination: 31 MDMH argues that the district court's finding of sex discrimination is clearly erroneous. … Once a claimant establishes a prima facie case and presents evidence on the issue of damages, the burden of producing sufficient evidence to establish the amount of interim earnings or lack of diligence shifts to the defendant

United States v. Dorman

108 F. App'x 228 · Court of Appeals for the Sixth Circuit · Jul 16, 2004

Clearly, the contents of this tape recording should have been provided to defense counsel. … The trial court’s ruling on such matters is subject to a clearly erroneous standard. Chitwood, 457 F.2d at 678 .

Guzowski v. Hartman

849 F.2d 252 · Court of Appeals for the Sixth Circuit · Aug 22, 1988

Such an approach ignores the clearest and most elementary principles of res judicata which the magistrate and the District Court should have observed. 17 It is well established that the sustaining of a motion to dismiss for … also Restatement (Second) of Judgments Sec. 26(1)(b) (1982). 1 While the District Court in the 1981 suit made no express reservation of the Guzowskis' right to maintain a second action, 2 the opinion of the Sixth Circuit clearly

United States v. Jarreous Blewitt

719 F.3d 482 · Court of Appeals for the Sixth Circuit · May 17, 2013

Because the overwhelming majority of veterans were male, the practical effect of the law was to deprive better qualified women of job opportunities. … The Fair Sentencing Act is clearly a remedial statute and should therefore be liberally construed. Chisholm v. Georgia, 2 U.S. (2 Dali.) 419, 476, 1 L.Ed. 440 (1793) (Jay, C.J.).

Gray v. Slc Coal Company

176 F.3d 382 · Court of Appeals for the Sixth Circuit · May 24, 1999

Gray does not argue the existence of significant pulmonary or respiratory impairment, which would be relevant both to irrebuttably establishing death due to complicated pneumoconiosis and to establishing disability under … The overall weight of the evidence clearly establishes that the miner does not have complicated pneumoconiosis.

Mia Bennett v. Hurley Medical Center

86 F.4th 314 · Court of Appeals for the Sixth Circuit · Nov 9, 2023

“To establish a prima facie case of intentional discrimination under Title II of the ADA, a plaintiff must show that: (1) she has a disability; (2) she is otherwise qualified; and (3) she was being excluded from participation … By contrast, the record evidence clearly shows that the decision was motivated by staff and patient complaints of allergic reactions. But these concerns are all related to Pistol, rather than Plaintiff’s panic disorder.

United States v. Daryl Lawrence

735 F.3d 385 · Court of Appeals for the Sixth Circuit · Oct 22, 2013

The jurors who found the mitigating factor established also found the aggravating factors established, and by a higher standard of proof. … The jurors clearly gave serious consideration to both the evidence and their responsibility to weigh it.

Larry K. Howard, Individually and as Personal Representative of the Estate of Phillip Brian Howard, Deceased June Ellen Howard and Jeffrey Keith Howard v. Dr. John Doe, Dr. Ismail B. Sendi (86-1279), Dr. Yogeschandra Shukla and Charles Sonnenfield (86-1280)

820 F.2d 1224 · Court of Appeals for the Sixth Circuit · Jun 17, 1987

820 F.2d 1224 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 … Sec. 1983 , and that defendants were entitled to qualified immunity. 2 Plaintiffs' decedent and the former mental patient, Michael Harless, were fellow high school students.

Equal Emp't Opportunity Comm'n v. R.G. &. G.R. Harris Funeral Homes, Inc.

884 F.3d 560 · Court of Appeals for the Sixth Circuit · Mar 7, 2018

Press Publ’g Ass’n, 676 F.2d 1272, 1280 (9th Cir. 1982) (“By enacting Title VII, Congress clearly targeted the elimination of all forms of discrimination as a ‘highest priority.’ … Indeed, the Funeral Home’s counsel conceded at oral argument that Rost would have objected to Stephens’s coming “to work presenting clearly as a woman and acting as a woman,” regardless of whether  No. 16-2424

Overton Distr Inc v. Heritage Bank

Court of Appeals for the Sixth Circuit · Aug 15, 2003

follows: “The maximum time for payment for a shipment to One of the purposes of PACA is to protect unpaid sellers of which a seller, supplier, or agent can agree and still qualify … Standard of review EOM,” establishing that the payment was due within 10 days after the end of each calendar month

United States v. Ricky Peete

919 F.2d 1168 · Court of Appeals for the Sixth Circuit · Nov 28, 1990

The “Arizona Method” involves calling 28 “qualified” veniremen and having the defense and the prosecution exercise their peremptory strikes at one time— the defense getting 10 and the government 6. … Those are factual findings which we cannot overturn absent a showing that the district court’s findings were clearly erroneous. See United States v.

Stella Townsend v. Social Security Administration

486 F.3d 127 · Court of Appeals for the Sixth Circuit · May 4, 2007

The district court determined that Townsend was not a prevailing party on appeal and thus did not qualify for any award for appellate fees under the EAJA. … Thus, a fee applicant must meet the EAJA’s four requirements only once to establish an entitlement to attorney fees and expenses.

Edgar v. City of Collierville

160 F. App'x 440 · Court of Appeals for the Sixth Circuit · Dec 14, 2005

The next part of the process was an oral interview designed to establish each applicant’s credentials and skills; Edgar scored a 3.89 on his interview, which placed him sixth out of the nine candidates. … As the district court properly granted summary judgment to the defendants, it is unnecessary to address the issue of qualified immunity raised by Edgar with regard to Defendants Rutledge and Arwood.

Ferndale Laboratories, Inc. v. Cavendish

79 F.3d 488 · Court of Appeals for the Sixth Circuit · Mar 21, 1996

As an activity that affects the general welfare of Ohio inhabitants, regulating the importation of dangerous drugs into the State is among those activities most clearly within a state's police power, according to the defendants … Thus, Ferndale qualifies for Ohio licensing by complying with federal and Michigan requirements; Ohio imposes no additional requirements related to these activities.