Case law

Larry Lampley v. William Cox, Summit County Coroner, County of Summit, Ohio

836 F.2d 550 · Court of Appeals for the Sixth Circuit · Dec 22, 1987

836 F.2d 550 Unpublished Disposition NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service … immunity defense.

United States v. Dominguez

Court of Appeals for the Sixth Circuit · Mar 4, 2004

But it is not clear whether Charles and related cases United States were like a family, a warm view of federal-state relations establish a rule of federal law or simply recognize a com mon ality in state that this … Carr may not fully accord with the modern view of sovereign immunity, but its general concerns remain valid.

Kaleena Bullington v. Bedford Cty., Tenn.

905 F.3d 467 · Court of Appeals for the Sixth Circuit · Sep 25, 2018

Congress clearly stated its purpose in enacting the ADA: (1) to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities; (2) to provide … In these statements, Congress is pronouncing protections that were not already firmly established, which suggests that Congress was not simply codifying constitutional rights established in prior cases.

Gelaine Wilson v. Advance Mortgage Corporation

798 F.2d 1417 · Court of Appeals for the Sixth Circuit · Jul 18, 1986

798 F.2d 1417 Unpublished Disposition NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service … Under McDonnell Douglas, which set forth the prima facie elements of a discriminatory hiring action, a plaintiff must show: 9 (i) that he belongs to a racial minority; (ii) that he applied and was qualified for a job for

Stephen Fleming v. Linda Metrish

Court of Appeals for the Sixth Circuit · Feb 25, 2009

Alternatively, to be deemed an “unreasonable application of . . . clearly established Federal law,” a state-court decision on the merits must be “objectively unreasonable,” not simply erroneous or incorrect. … We conclude that the Michigan Court of Appeals’s determination regarding a lack of interrogation by Officer Clayton was not an “unreasonable application of . . . clearly established Federal law.” See Williams v.

Edward Keith Clark v. Sherri Rayburn, Recovery Services Coordinator

68 F.3d 474 · Court of Appeals for the Sixth Circuit · Oct 23, 1995

68 F.3d 474 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 … Defendants respond that: (1) plaintiff received due process in the prison disciplinary proceedings; (2) defendants are entitled to qualified immunity from suit for damages; and (3) defendant Tate was not personally involved

Frank James Stevens v. United States

440 F.2d 144 · Court of Appeals for the Sixth Circuit · Mar 22, 1971

The judgment which established it was pronounced by Chief Justice Marshall (Gibbons v. … While I have had some doubts as to how far Congress should go in regulating matters affecting commerce, the Supreme Court decisions with regard to the Civil Rights Act of 1964, as well as other decisions, have clearly established

Wiley Hutcherson v. Lauderdale County, Tennessee

326 F.3d 747 · Court of Appeals for the Sixth Circuit · Apr 9, 2003

The issue of money damages was not litigated in the state court proceedings, but it clearly could have been. Plaintiffs chose to abandon this claim at the state court level, hoping to raise it in federal court. … Establishing this identity of interest for purposes of applying res judicata will "depend[] on the facts of each case."

Pittman v. Experian Info. Solutions, Inc.

901 F.3d 619 · Court of Appeals for the Sixth Circuit · Aug 23, 2018

It provided that “[t]his is the first step toward qualifying for more affordable mortgage payments.” (Id.) … “It is well established that the scope of discovery is within the sound discretion of the trial court.” Lavado v. Keohane, 992 F.2d 601, 604 (6th Cir. 1993) (citation omitted).

Merton Bond v. George Long

892 F.2d 79 · Court of Appeals for the Sixth Circuit · Dec 22, 1989

892 F.2d 79 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 … Fischer, 530 F.2d 691, 692 (6th Cir.1976) (per curiam) (state court referee is entitled to absolute judicial immunity). In the present case, the magistrate was clearly acting within his judicial capacity.

Merton Bond v. Karl S. Forrester

898 F.2d 153 · Court of Appeals for the Sixth Circuit · Mar 19, 1990

898 F.2d 153 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 … Here the defendant was clearly resolving disputes between Bond and other parties. Therefore, he is entitled to judicial immunity from damages.

Pamela Reilly v. Ottawa Cnty., Mich.

Court of Appeals for the Sixth Circuit · Sep 2, 2021

Clearly, the events that led up to Rosemarie’s murder, which unfolded over the course of a month, could have been avoided. … Under Michigan’s governmental immunity statute, however, an officer is immune from tort liability when the following three requirements are met: (1) the officer “is acting or reasonably believes he or

Leslie Leon Beecham, Cross-Appellee v. George W. Wilson John Rees Lt. Allan Tom Suter L. Sims James Ethridge and Rocky Carter, Cross-Appellants

833 F.2d 1011 · Court of Appeals for the Sixth Circuit · Nov 19, 1987

833 F.2d 1011 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 defendants cross appealed on the basis of the district court's alleged error in refusing to grant qualified immunity to the defendants and on the basis that the "[d]istrict court abused its discretion in granting summary

Simmons v. Kapture

Court of Appeals for the Sixth Circuit · Jan 26, 2007

Clearly, if Halbert is considered to have established a new rule, it involved an extension of the right to counsel to first-tier appeals from guilty pleas. … Additionally, the Gideon rule establishing the right to counsel at all felony trials is significantly different from the instant rule establishing the right to counsel in a discretionary appeal from a plea-based conviction

Mark Hartman v. Dave Yost

Court of Appeals for the Sixth Circuit · Jul 24, 2025

Hartman can prevail only if the state court’s application of clearly established federal law was “objectively unreasonable.” Williams, 529 U.S. at 409. … Yost Page 17 involved an unreasonable application of, clearly established federal law or was based on unreasonable determination of facts, as he must under AEDPA.

Andersons, Inc. v. Horton Farms, Inc.

166 F.3d 308 · Court of Appeals for the Sixth Circuit · Dec 17, 1998

Lark, 108 Mich. 500 , 66 N.W. 371, 372 (Mich.1896) (where terms of contract clearly describe the signatories as personally bound, the mere description of the signatories as agents does not trump their clearly-expressed liability … In addition to the corporate designation, these contracts clearly show other "parentage." See Keidan v.

State Of Ohio, Department Of Mental Retardation And Developmental Disabilities v. United States Department Of Health And Human Services, Health Care Financing Administration

761 F.2d 1187 · Court of Appeals for the Sixth Circuit · May 17, 1985

It requires each state to adopt a plan for administration of programs of medical assistance for the needy, and to have an agency responsible for establishing and maintaining standards for medical institutions included under … This clearly reflects the language of 42 U.S.C. Sec. 1396 : "rehabilitation and other services to help such ... individuals attain or retain capability for independence or self-care...."

Mimi Mece and Ardita Mece v. Alberto Gonzales, Attorney General

415 F.3d 562 · Court of Appeals for the Sixth Circuit · Jul 20, 2005

When the regime fell, the petitioner became a member of the Democratic Party and helped establish a branch of the party in Kolonja. … The doctor was clearly re *570 porting that the fracture was of the sinister - humeral scapula. 3 .

United States v. Wayne Cedric Bell

762 F.2d 495 · Court of Appeals for the Sixth Circuit · May 22, 1985

Wickizer, 633 F.2d 900, 901 (6th Cir.1980), cert. denied, 450 U.S. 935 , 101 S.Ct. 1401 , 67 L.Ed.2d 370 (1981) (government has burden of proving the reasonableness of a search once movant establishes prima facie case of … Di Re, 332 U.S. 581, 587 , 68 S.Ct. 222, 225 , 92 L.Ed. 210 (1948), “not convinced that a person, by mere presence in a suspected car, loses immunities from search of his person to which he would otherwise be entitled.”

Craig Wilson v. Mark Williams

961 F.3d 829 · Court of Appeals for the Sixth Circuit · Jun 9, 2020

COVID-19 fatality rates increase with age and underlying health conditions such as cardiovascular disease, respiratory disease, diabetes, and immune compromise. … Abuse of discretion “is a highly deferential standard, and the ‘district court’s determination will be disturbed only if the district court relied upon clearly erroneous findings of fact, improperly applied the governing