Case law

William Jeffrey Burkhart v. Harold B. Thomas

755 F.2d 931 · Court of Appeals for the Sixth Circuit · Jan 17, 1985

barred by the doctrine of judicial immunity. … Clearly, the plaintiff has failed to establish that he even had a post-conviction action pending or an appeal pending from a judgment dismissing a collateral attack on his state court convictions. 6 Although it would be a

Kathy Helms v. Boyd Cnty. Sheriff's Dep't

Court of Appeals for the Sixth Circuit · Jun 17, 2025

The deputies assert that they complied with the Fourth Amendment or, at the least, that they did not violate clearly established law and so should receive qualified immunity. See District of Columbia v. … We opt to resolve this appeal on the constitutional merits under our established precedent.

Toledo Area Afl-Cio Council v. Anthony G. Pizza, Bob Taft and the Ohio Elections Commission

154 F.3d 307 · Court of Appeals for the Sixth Circuit · Aug 19, 1998

It clearly evinces hostility to political speech in the form of solicitations. The statute in Miller permitted unfettered solicitation. … It cannot be construed as declaring that such a showing is necessary to establish a substantial impairment.

Phillip Roberts v. Coffee County, Tenn.

Court of Appeals for the Sixth Circuit · Oct 21, 2020

Carroll and Strange argue that they are protected by qualified immunity. … To rebut a qualified-immunity defense, Roberts must show that Carroll and Strange violated his constitutional right and that the unconstitutionality of their conduct was clearly established when they acted.

Pure Tech Systems, Inc. v. Mt. Hawley Insurance

95 F. App'x 132 · Court of Appeals for the Sixth Circuit · Mar 26, 2004

In particular, “[w]hen an insurance policy includes ambiguous exclusions, ‘a general presumption arises to the effect that that which is not clearly excluded from the operation of such contract is included in the operation … This case does not present the issue of whether the waste material regularly accepted by Pure Tech in the course of its business qualifies as a “pollutant,” and we decline to reach the issue.

Richard Walczak v. City of Detroit

875 F.2d 869 · Court of Appeals for the Sixth Circuit · May 31, 1989

White, 484 U.S. 219 , 108 S.Ct. 538, 542, 544 (1988) (discussing judicial and prosecutorial immunity); Smith v. … to establish any policy.

Harry Whitney Cross-Appellants v. Robert Brown Cross-Appellees

882 F.2d 1068 · Court of Appeals for the Sixth Circuit · Aug 15, 1989

The magistrate’s findings of fact must be accepted unless clearly erroneous. Fed.R.Civ.P. 53(e)(2). … Regarding the findings of the magistrate herein, we do not believe them to be clearly erroneous.

Kardules v. City Of Columbus

95 F.3d 1335 · Court of Appeals for the Sixth Circuit · Sep 20, 1996

The court dismissed the arguments of the defendant that the ballot issue might not qualify in 1986, nor perhaps ever. … In contrast, the City here promises no neutrality and consequently fools nobody; indeed, the City has rather clearly expressed its desire to see the merger proposal defeated.

6 Fair empl.prac.cas. 1083, 6 Empl. Prac. Dec. P 8997 Virgil Philip Marlowe v. Fisher Body, a Division of General Motors Corporation and International Union, United Automobile, Aircraft and Agricultural Implement Workers of America, C.I.O., Local 596, Jointly and Severally

489 F.2d 1057 · Court of Appeals for the Sixth Circuit · Dec 6, 1973

The record clearly discloses that an act of discrimination consisting of failure to grant advancement and overtime to plaintiff is alleged to have occurred on May 10, 1967. … Breckenridge, 403 U.S. 88 , 91 S.Ct. 1790 , 29 L.Ed.2d 338 (1971), the Supreme Court held that 1985(3) is concerned with all deprivation of equal protection of the laws or equal privileges and immunities under the laws.

Misti A. Kilgore v. Outback Steakhouse Of Florida, Inc.

160 F.3d 294 · Court of Appeals for the Sixth Circuit · Dec 9, 1998

. §§ 201-219 , establishes a minimum wage. … The "Outback Tip Policy" clearly stated that Outback would use the tip credit against the minimum wage.

Ble International Reform Committee, Secretary of Labor, Intervenor v. John F. Sytsma

802 F.2d 180 · Court of Appeals for the Sixth Circuit · Sep 25, 1986

The language of the statute and the legislative history clearly support the Secretary’s interpretation in this regard. B. … We first note that certain procedural safeguards in section 401 clearly do not purport to apply to every election.

Little David Coal Co. v. Director, Office of Workers' Compensation Programs

532 F. App'x 633 · Court of Appeals for the Sixth Circuit · Jul 23, 2012

Rasmussen was “the best qualified physician to render an opinion on this issue in this record.” The ALJ then determined that Dr. … The ALJ in this case had to reconcile the conflicting medical opinions of two well-qualified and credible sources.

Morgan v. New York Life Insurance

559 F.3d 425 · Court of Appeals for the Sixth Circuit · Mar 12, 2009

(2) was discharged, (3) was qualified for the position held, and, lastly, (4) was replaced by someone outside of the protected class.” … While New York Life cor *441 rectly argues that courts should not second guess a company’s business decisions, the record establishes quite clearly that the company found extenuating circumstances in certain instances when

United States v. Stewart

306 F.3d 295 · Court of Appeals for the Sixth Circuit · Sep 10, 2002

Under these fact, it is not clearly improbable that the weapon was related to her drug trafficking offense. … Application Note to USSG § 3B1.1 indicates that in order to qualify for an adjustment under this section, the defendant need only have been the organizer, leader, manager, or supervisor of one or more other participants.

Terrance Walter v. Bennie Kelly

653 F. App'x 378 · Court of Appeals for the Sixth Circuit · Jun 22, 2016

Likewise, the Supreme Court did not announce any clearly established law on timeliness in Martinez. … Not only does Moore not qualify as clearly established federal law under § 2254(d), it is also readily distinguishable.

PHN Motors, LLC v. Medina Township

498 F. App'x 540 · Court of Appeals for the Sixth Circuit · Sep 4, 2012

The appellants appear to argue, however, that Medina has failed to adequately “establish a substantial interest in support of the regulation.” … Medina has clearly identified two substantial interests, which have long been determined to clearly qualify as such in the context of the Central Hudson test. First, Medina points to aesthetics.

Cameron Garner v. Jessica Harrod

656 F. App'x 755 · Court of Appeals for the Sixth Circuit · Jul 15, 2016

Though at least one other circuit has held that there is “a clearly established constitutional due 8 Garner v. … Moreover, assuming that the plaintiffs provided sufficient facts to establish that the investigation was incompetent or negligent, an “incompetent or negligent investigation” is insufficient to establish a constitutional

United States v. King

834 F.2d 109 · Court of Appeals for the Sixth Circuit · Feb 4, 1988

Under certain circumstances, a layoff man can clearly fit this formulation. … Proof of one layoff, by itself, does not establish that a person conducted the business of a bookmaker.

Barnes v. Bradley County Memorial Hospital

161 F. App'x 555 · Court of Appeals for the Sixth Circuit · Jan 4, 2006

Clearly in this case there was no written notice of termination from BCMH’s Board. … As a governmental entity, BCMH is immune from claims for injuries arising from “misrepresentation by an employee whether or not such is negligent or intentional.” Tenn. Code Ann. § 29-20-205(6).

Washington Vaughn v. Board of Elections of Green County

619 F.3d 553 · Court of Appeals for the Sixth Circuit · Sep 1, 2010

See Griffin, 570 F.2d at 1078–79 (describing disenfranchisement of almost “ten percent of the qualified and voting electorate” as “one of the perhaps exceptional cases where a district court could properly exercise the limited … This language, unfortunately, does not clearly delineate the type of burden shifting employed by the court.