Case law

Dennis Dubuc v. Township of Green Oak

406 F. App'x 983 · Court of Appeals for the Sixth Circuit · Jan 19, 2011

Kruszewski, and Hunt, were entitled to qualified immunity, and that they were entitled to dismissal of the official-capacity claims against them, because the Dubucs’ amended complaint did not refer to any custom, policy … immunity

Americans United For Separation Of Church And State v. The School District Of The City Of Grand Rapids

718 F.2d 1389 · Court of Appeals for the Sixth Circuit · Feb 27, 1984

Such an effect is clearly irreconcilable with the dictates of the Establishment Clause. 106 The relative merit and benefits of the Shared Time and Community Education programs are not issues before the Court. … The Court's decisions in Allen, Meek and Wolman clearly teach that the state may provide secular written texts to pupils attending sectarian schools without violating the establishment clause.

Jells v. Mitchell

Court of Appeals for the Sixth Circuit · Aug 18, 2008

Likewise, the statute’s plain language “restricts the source of clearly established law to [the Supreme] Court’s jurisprudence.” Williams, 529 U.S. at 412. … Apr. 30, 1998); see also Williams, 529 U.S. at 391 (2000) (“It is past question that the rule set forth in Strickland qualifies as ‘clearly established Federal law, as determined by the Supreme Court of the United States.

Puckett v. Lexington-Fayette Urban County Government

566 F. App'x 462 · Court of Appeals for the Sixth Circuit · May 21, 2014

In 1999, the LFUCG Council passed two Ordinances establishing policies regarding health insurance coverage for retirees of the LFUCG police force. … In any event, that court’s opinion is clearly distinguishable.

Flamingo Express, Inc. v. Fed Aviation Admin

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

FAA policy clearly states that certification from the FAA is essential to qualifying as planned service. See FAA Policy 75. … The City maintained, on the one hand, that Flamingo Express was requesting 9-seat service when the company had clearly submitted an application for 10-to-30-seat service.

Nixon v. Kent County

76 F.3d 1381 · Court of Appeals for the Sixth Circuit · Feb 2, 1996

Clearly, Section 2 protects both African-Americans, who have been discriminated against on the basis of race and color, and Hispanic-Americans, who have been discriminated against as language minorities. … Finally, if the tumultuous history of blacks in America is not enough to qualify us as a “community,” it is difficult to imagine which group could possibly fit that description. A.

United States v. Cundiff

555 F.3d 200 · Court of Appeals for the Sixth Circuit · Feb 4, 2009

“The defendants bear the burden of establishing both that they qualify for one of the exemptions of § 1344(f)(1) and that their actions are not recaptured by § 1344(f)(2).” Greenfield Mills, Inc. v. … As the statute and regulations both require, the disputed activities “must be part of an established (i.e., on-going) farming, silviculture, or ranching operation” and they cease to be “established when the area on which

Robinson v. Township of Waterford

883 F.2d 75 · Court of Appeals for the Sixth Circuit · Aug 18, 1989

United States, 325 U.S. 91, 103 (1945), the Supreme Court clearly stated that "a requirement of a specific intent to [violate a statute] saves the Act from any charge of unconstitutionality on the grounds of vagueness." … A federal court is not the proper forum to seek an exception to this well-established rule of state law.

Obron Atlantic Corporation v. Barr

990 F.2d 861 · Court of Appeals for the Sixth Circuit · Feb 18, 1993

According to Obron's complaint, Owen testified before the grand jury on a grant of immunity. Two former Obron employees also were called to testify, and portions of the tapes were played. … As to the second prong of the § 2511(2)(c) exception, "[c]ourts have established that informants who record private conversations at the direction of government investigators are 'acting under color of law.' " United States

David Jerry Williams v. Carter County Tennessee Luther McKeehan David Crockett Arden Hill

895 F.2d 1415 · Court of Appeals for the Sixth Circuit · Feb 16, 1990

to which immunity attaches. … And while Judge Hill is responsible for the omissions complained of, such acts are clearly within the scope of his judicial duties for which he is immune from suit for money damages. See Forrester v.

Nicholas Sandmann v. Rolling Stone, LLC

Court of Appeals for the Sixth Circuit · Aug 16, 2023

The Washington Post order did not establish any law of the case as to the statements’ opinion or factual nature. … Caselaw establishes a few helpful guideposts for this fact-intensive analysis. For example, a statement couched in qualifying terms suggests that it is an opinion. See Williams v.

Shrader v. Diamond International Corporation

833 F.2d 1210 · Court of Appeals for the Sixth Circuit · Jan 14, 1988

a contract for sale although the writings of the parties do not otherwise establish a contract. … Moreover, the language taken as a whole clearly indicates that American would accept only on its terms.

In Re: American Homepatient, Inc., Debtors. Bank of Montreal, for Itself and as Agent for Aimco Cdo Series 2000-A v. American Homepatient, Inc.

414 F.3d 614 · Court of Appeals for the Sixth Circuit · Jul 11, 2005

We accord no deference to the district court’s decision; we apply, the clearly erroneous standard to the bankruptcy court’s findings of fact, and we review de novo the bankruptcy court’s conclusions of law.” … 15, 20 , 120 S.Ct. 1951 , 147 L.Ed.2d 13 (2000) (explaining that “[cjreditors’ entitlements in bankruptcy arise in the first instance from the underlying substantive law creating the debtor’s obligation, subject to any qualifying

Commodities Export Co., a Michigan Corporation v. U.S. Customs Service, an Agency of the U.S. Government

957 F.2d 223 · Court of Appeals for the Sixth Circuit · Mar 30, 1992

Nevertheless, the Federal Circuit held that Commodities had not shown that the CIT “clearly overstepped its authority in determining not to stay its proceedings.” Id. at 3. … In sum, far from abusing its authority, the CIT could reasonably believe that it was uniquely qualified and empowered to hear Customs’ case.

Laurie Leitch v. Noah White

Court of Appeals for the Sixth Circuit · Aug 20, 2025

Nor does Leitch provide any other evidence to establish that White was driving the RZR that day. … The parties dispute whether the RZR qualifies as an ORV, but we need not resolve this issue.

Drayton v. Jiffee Chemical Corporation

591 F.2d 352 · Court of Appeals for the Sixth Circuit · Dec 19, 1978

The award for this element of damage was, therefore, clearly erroneous. D. … However, I would not go overboard, as the district court did, and immunize the successor corporation from punitive damages.

Braun v. Ann Arbor Charter

Court of Appeals for the Sixth Circuit · Mar 13, 2008

The plaintiffs clearly fail to meet this standard. … These stated reasons, which we have no reason to doubt, clearly defeat any argument that the decision had “no rational relationship to any public purpose.” See Warren, 411 F.3d at 705.

Boles v. Weist

849 F.2d 608 · Court of Appeals for the Sixth Circuit · Jun 10, 1988

849 F.2d 608 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 … We affirm the dismissal of plaintiff's suit as to this issue because it is without merit, rather than on the basis of judicial immunity which was referred to by the district court. 7 Plaintiff also received due process when

Thompson v. North Amer Stainless

Court of Appeals for the Sixth Circuit · Jun 5, 2009

In other words, Congress carefully chose qualifying words of action (“opposed,” “testified,” “made a charge,” “participated,” “assisted”), not words of association. … Clearly, the majority’s narrow interpretation of § 704(a) squarely contradicts this purpose. Cf. Fogleman v.

Willie W. Starks v. City of Memphis, Department of Pubmc Works

802 F.2d 459 · Court of Appeals for the Sixth Circuit · Aug 25, 1986

The Commission further recommended that because Starks could not go back to work in the Public Works Department, he be allowed to apply for and be placed in another City job for which he would be qualified. … departments, but without success. 7 In short, the court is satisfied that Judge Gibbons applied the proper law applicable to cases such as this and that the findino ,s of fact are fully supported by the record and are not clearly