Case law

Merton Bond v. Joseph Hood, U.S. Magistrate, Eugene Siler, Jr., Judge

889 F.2d 1086 · Court of Appeals for the Sixth Circuit · Nov 21, 1989

Judges are entitled to absolute immunity from damages for actions taken in their judicial capacity. Stump v. Sparkman, 435 U.S. 349, 356-57 (1978). Magistrates receive this same immunity. Ryan v. … In the present case, the magistrate was clearly acting in his judicial capacity and is entitled to immunity from damages. 7 Bond's request for injunctive relief is not barred by judicial immunity.

Pamela Lacer v. Brian Pickard

536 F. App'x 544 · Court of Appeals for the Sixth Circuit · Aug 28, 2013

The order does not deny qualified immunity, nor involve the loss of a right so “deeply rooted in public policy” that it should be considered final for purposes of appeal. Digital Equip. Corp. v. … This court vacated the order, concluding that the district court abused its discretion in granting relief absent evidence establishing extraordinary or exceptional circumstances.

United States v. Tommy Lee Hubbard, Jr.

Court of Appeals for the Sixth Circuit · Jan 19, 2023

Hubbard objected to the enhanced base offense level, arguing that his prior conviction for robbery under Tennessee law did not qualify as a “crime of violence” under USSG § 4B1.2(a). … “A factual finding is clearly erroneous when the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.” United States v.

Joseph Ambrose v. Raymond Booker

684 F.3d 638 · Court of Appeals for the Sixth Circuit · Jun 28, 2012

Page 7 court recognized that the absolute disparity of 3.45% fell below the 10% mark established by Swain v. Alabama, 380 U.S. 202, 208-09 (1965). … A mixed-race jury might clearly have a special perception in a mixed race case. His defense was consent. His jury was all white.

Edison Gishta Manjola Gishta Enea Gishta v. Alberto Gonzales, Attorney General

404 F.3d 972 · Court of Appeals for the Sixth Circuit · Jan 19, 2005

She stated that she gave inconsistent and inaccurate information because she was scared, not thinking clearly due to the fact that her son was ill, and unaware of what she was saying to INS officials. … We must consider whether the board correctly determined that the Gishtas failed to sustain their burden of establishing eligibility for asylum.

United States v. Thorpe

Court of Appeals for the Sixth Circuit · Dec 27, 2006

He notes that unlike the “clearly set forth” statutory crimes at issue in Armstrong and Bass, “the Government has never set forth the criteria for how a case is determined to qualify for PSN prosecution.” … In any event, the district court’s order granting Thorpe’s discovery motion was clearly erroneous on its face.

Odraye Jones v. Margaret Bradshaw

Court of Appeals for the Sixth Circuit · Aug 22, 2022

That, in turn, means that “the applicable substantive law is limited to federal law ‘clearly established’ by the holdings of Supreme Court decisions.” Jackson v. … We see no unreasonable application of clearly established federal law in the state courts’ conclusions.

Robert Buchanan v. Delphi Corporation

597 F. App'x 305 · Court of Appeals for the Sixth Circuit · Jan 7, 2015

The two letters sent by Delphi, upon which Plaintiffs rely, also fail to establish that the SAP is an ERISA plan. … [M] Above all, however, the letter clearly delineates between the monthly wage payments made under the SAP and pension benefits paid upon retirement.

Houston v. Clark County Sheriff Deputy John Does 1-5

174 F.3d 809 · Court of Appeals for the Sixth Circuit · Apr 23, 1999

that he did, that the car counting procedure employed by Deputy Schutte was so unreliable as to fail to meet the constitutionally mandated standard of reasonable suspicion, and that the reliance placed by Deputy Hopper on clearly … Nor could qualified immunity justify the dismissal of Plaintiffs’ case, for even if the officers who may have violated Plaintiffs’ clearly established Fourth Amendment rights acted with good intentions, subjective good faith

Baron T. Youn Kyong Hwan Choi, D/B/A Ckh Sportsworld, Ltd. v. Track, Inc.

324 F.3d 409 · Court of Appeals for the Sixth Circuit · Mar 24, 2003

Instead, the court proposed to select an accountant fluent in Korean who would examine the documents at Plaintiffs’ expense and determine whether any qualified as “financial statements.” … “An abuse of discretion occurs when (1) the district court’s decision is based on an erroneous conclusion of law, (2) the district court’s findings are clearly erroneous, or (3) the district court’s decision is clearly unreasonable

Eagles LTD v. Amer Eagle Fndtn

Court of Appeals for the Sixth Circuit · Jan 29, 2004

However, in the context of unreasonably and vexatiously may be required by the this case, such decisions do not qualify it as an court to satisfy personally the excess costs, expenses, and … Because it relates to the act of infringement, the Hindu Incense standard clearly applies to While the circuits differ somewhat as to the test for prevailing plaintiffs.

Curtis Lewis v. Cindi Curtin

632 F. App'x 788 · Court of Appeals for the Sixth Circuit · Nov 16, 2015

“The state court’s application of clearly established law must be objectively unreasonable.” Id. … However, the Supreme Court in Lopez clearly held that only Supreme Court law qualifies as “clearly established Federal law” for purposes of habeas relief under § 2254(d). 135 S. Ct. at 4.

Frances Spurlock v. David Fox

Court of Appeals for the Sixth Circuit · May 10, 2013

This is clearly a holding with respect to the issue of de jure segregation, not racial classification. … Racial imbalance in the schools does not, in itself, establish a constitutional violation.

Kenneth Thompson v. Gretchen Whitmer

Court of Appeals for the Sixth Circuit · Jan 19, 2022

Yet even when it passes a law under a constitutional provision that gives it this power, Congress must speak clearly if it intends to subject the states to suit. … rulings against a party alone can almost never establish bias. See Liteky v. United States, 510 U.S. 540, 555 (1994); Burley v. Gagacki, 834 F.3d 606, 616 (6th Cir. 2016).

United States v. Gaines

227 F. App'x 487 · Court of Appeals for the Sixth Circuit · Jun 28, 2007

Gaines they are clearly erroneous. United States v. Davidson, 409 F.3d 304, 310 (6th Cir. 2005). But we review de novo mixed questions of law and fact. Id. … Instead, the district must look only to the charging document, the terms of the plea agreement, the transcript of the plea colloquy between the judge and the defendant, or “to some comparable record of this information” in establishing

James v. United States

217 F. App'x 431 · Court of Appeals for the Sixth Circuit · Feb 12, 2007

United States dispute, it qualifies as a serious drug offense under § 924(e)(2)(A)(ii). See United States v. … Thus, Petitioner has at least three qualifying prior offenses.

Gary Fields v. Henry County, Tennessee

701 F.3d 180 · Court of Appeals for the Sixth Circuit · Dec 10, 2012

An expectation of release may qualify as a constitutionally protected liberty interest. See Greenholtz v. Inmates of the Neb. Penal & Corr. … Section 40-11-115 clearly gives the magistrate discretion in deciding whether to order release on personal recognizance.

Rodney Dunn v. Jerry Spivey

480 F. App'x 410 · Court of Appeals for the Sixth Circuit · May 15, 2012

The Tri-County Vocation School (“School”), located in Red Boiling Springs, Tennessee, was a public school established by Macon County, Jackson County, and Clay County to provide vocational education for their high school … The district court dismissed the Tennessee Technology Center and the TBR on sovereign-immunity grounds. Dunn and all of the remaining defendants filed motions for summary judgment.

Patti Okuno v. Reliance Standard Life Ins. Co.

836 F.3d 600 · Court of Appeals for the Sixth Circuit · Sep 7, 2016

Jones noted that Okuno had been diagnosed with Sjogren’s syndrome, an autoimmune disease that often accompanies other immune system disorders. … When the administrator’s error touches “the integrity of the plan’s decision-making process,” rather than simply reaching the wrong conclusion where “a claimant was denied benefits to which he was clearly entitled,” remand

Danny Hill v. Carl Anderson

Court of Appeals for the Sixth Circuit · May 20, 2020

Webb, 673 F.3d 465, 472 (6th Cir. 2012) (Under AEDPA, “[t]he law in question must have been clearly established at the time the state-court decision became final, not after.”). … established law.