Case law

United States v. Ronald Dupree

323 F.3d 480 · Court of Appeals for the Sixth Circuit · Mar 17, 2003

The government sufficiently *486 established the jurisdictional predicate for Dupree’s prosecution under the Hobbs Act. B. … The court’s finding in Tocco involved an alleged mafia boss whose control over co-conspirators was established by wiretapped conversations. Id.

Jenkins v. Dailey

348 F. App'x 114 · Court of Appeals for the Sixth Circuit · Oct 8, 2009

A state-court decision is contrary to clearly established federal law if “the state court applies a rule that contradicts the governing law” as set forth by the Supreme Court, or “if the state court confronts a set of … “A state-court decision is an unreasonable application of clearly established federal law if it correctly identifies the governing legal rule but applies it unreasonably to the facts of a particular prisoner’s case.”

Pontiac School Dist v. Sec US Dept Ed

Court of Appeals for the Sixth Circuit · Jan 7, 2008

(Title I, Part C); requirements that all teachers be “highly qualified” (Title II, Part A); and instruction in English for children with limited English ability (Title III). … “[P]laintiffs, as the parties now asserting federal jurisdiction,” have the burden of establishing standing. DaimlerChrysler Corp. v. Cuno, __ U.S. __, 126 S. Ct. 1854, 1861 (2006).

Johnson v. Middle Metropolitan Government of Nashville & Davison County

502 F. App'x 523 · Court of Appeals for the Sixth Circuit · Oct 18, 2012

The district court denied Plaintiffs’ motion and dismissed the disparate impact 1 The federal claims against the officers were dismissed on the basis of qualified immunity. … Accordingly, the revised system established a two-stage promotions process. Scoring well on the written and assessment tests was not a guaranteed basis for promotion; it only qualified a candidate for promotion.

Clemmer v. Key Bank Natl Assoc

Court of Appeals for the Sixth Circuit · Aug 22, 2008

The relevant statutory language is identical to language regarding on-machine notice, see id. § 1693b(d)(3)(A) & (B)(i), as to which the regulations explicitly permit such qualified notice, 12 C.F.R. § 205.16(c)(1)(ii). … Because the on-screen notice in this case clearly notified Clemmer that he was subject to a charge, it is not necessary for us to determine whether the on-screen message told him that he would in fact be charged.

Mark Brinkman v. John J. Gilligan, Mark Brinkman v. Dayton Board of Education

503 F.2d 684 · Court of Appeals for the Sixth Circuit · Aug 20, 1974

All members present were duly elected, qualified and acting members of the Board, although two of them were so-called ‘lame ducks,’ who would not be members of the Board after December 31, 1971. … Foster testified as follows: “My conclusion is that the establishment of the middle schools in 1971 resulted in the establishment of four out of five schools that were clearly racially identifiable, therefore, increasing

Ralph Baggs v. Eagle-Picher Industries, Inc.

957 F.2d 268 · Court of Appeals for the Sixth Circuit · Feb 27, 1992

The court next held that Aslanian's comments to the media were protected by a qualified privilege. … Since Eagle-Picher clearly regarded violations of its drug policy as serious offenses, the provision in the handbook for discharge without warning applied.

Norma Wiles v. Ascom Transport System, Inc.

478 F. App'x 283 · Court of Appeals for the Sixth Circuit · Apr 30, 2012

Therein, in the context of deciding a qualified immunity issue, this Court concluded that it was not clearly established that “‘stockpiling’ or bulk disclosures of personal information for a permissible purpose under § … In contrast, as noted in several of the cases discussed above, the legislative history clearly establishes that Congress did not intend to alter the traditional method of bulk disclosures by states, subject to the express

Club Italia Soccer v. Shelby

Court of Appeals for the Sixth Circuit · Nov 30, 2006

Camp, 397 U.S. 150, 154 (1970), which established the requirements for standing under the Administrative Procedure Act, 5 U.S.C. § 701(a)(2), (“APA”). … Finally, Defendant’s actions were not clearly contrary to any existing law and, further, Plaintiff does not allege that they were.

United States v. Moncivais

492 F.3d 652 · Court of Appeals for the Sixth Circuit · Jul 10, 2007

The evidence in this case, under the Guidelines and as a matter of due process, is clearly above the minimum standard of reliability required for the evidence to be admissible at sentencing. … First, Defendant contends that the substance of his participation in the conspiracy did not establish that he was an organizer or leader.

Demecio Cristobal v. Eric Holder, Jr.

439 F. App'x 538 · Court of Appeals for the Sixth Circuit · Nov 3, 2011

The threat that Cristobal faced was certainly not “of a most immediate and menacing nature” such that it could qualify by itself as past persecution. … Therefore, the BIA’s conclusion that Cristobal failed to establish past persecution is clearly supported by substantial evidence. B.

Knable ex rel. Knable v. Bexley City School District

238 F.3d 755 · Court of Appeals for the Sixth Circuit · Jan 24, 2001

The Enables have prevailed in establishing that Bexley did not convene an IEP conference. 2. Bexley has prevailed in establishing that it can provide a free appropriate public education to meet Justin’s specific needs. … The IHO found that Justin's final grades for the sixth grade "clearly establish that the year *767 was not a loss,” and pointed to Justin’s subsequent success at Grove School as evidence that he had received “a firm educational

United States v. Warren Dale Keefer

799 F.2d 1115 · Court of Appeals for the Sixth Circuit · Sep 2, 1986

“A materiality determination is subject to complete review on appeal and is not controlled by the clearly erroneous standard.” Id. … McLean, who had been convicted of various crimes from 1970 to 1982, testified for the government under an immunity agreement. 2 . Besides Warren Dale Keefer, appellant also used the names "Gerrit Keefer” and “G.H.

Miller v. Wilkinson

349 F.3d 257 · Court of Appeals for the Sixth Circuit · Nov 7, 2003

Both are constitutionality of government aid to parochial schools, remarkably well-worded and persuasive opinions that clearly where the Court proceeded to analyze entanglement under the set forth the history of … Deciding whether a specific act or practice qualifies as “religious exercise” under RLUIPA arguably The difference between Amos and RLUIPA is, like all creates no greater entanglement than deciding whether a

United States v. Rodney Dotson, Jr.

715 F.3d 576 · Court of Appeals for the Sixth Circuit · Apr 22, 2013

Here, the redacted statement introduced by the government sought to establish that Dotson sexually exploited a minor and unlawfully possessed child pornography. … It is clear, however, that Dotson qualifies as a sex offender under the Act and must therefore register.

United States v. William Cavataio

1 F.3d 1242 · Court of Appeals for the Sixth Circuit · Aug 3, 1993

1 F.3d 1242 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 … Lueddeke, 908 F.2d 230 (7th Cir.1990) (trial court's section 2J1.3 enhancement is not clearly erroneous when officers are required to expend two additional weeks attempting to sort out truth).

Earnest McEwen v. Billy McWherter Warden Lucky Lawhorn

878 F.2d 382 · Court of Appeals for the Sixth Circuit · Jun 23, 1989

878 F.2d 382 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 … The warden is entitled to qualified immunity in reviewing disciplinary decisions, Turney v.

Black v. Surface Transportation Board

Court of Appeals for the Sixth Circuit · Feb 9, 2007

Working Agreement at a time that a B.R.C. protected employee who is qualified . . . for such position is receiving protection compensation as a furloughed employee.” JA 183 (Agreement H, Section I(1)). … The Board also held that Agreement H “clearly contemplated that an employee receiving protection will lose that protection if he refuses to accept a reasonably comparable position,” JA 13, and that the Extra Board Agreement

United States v. Joseph Brown

516 F. App'x 461 · Court of Appeals for the Sixth Circuit · Feb 26, 2013

Brown next argues that the intent and wording of the ACCA, the holding in Begay, and the facts of this case establish that the ACCA does not apply to him. … law and a burglary.3 He was also convicted of evading arrest under a statute that included as an offense element that he “create[] a risk of death or injury to innocent bystanders or other third parties,” language that clearly

Sam Brooks v. Blaine Lafler

454 F. App'x 449 · Court of Appeals for the Sixth Circuit · Jan 4, 2012

In order for Brooks to prevail, he must demonstrate that the state court decision was contrary to clearly established law as determined by the Supreme Court of the United States. 28 U.S.C. § 2254(d)(1). … Rather, as we have explained, Brooks’s habeas petition rises or falls on the existence of clearly established law as determined by the Supreme Court.