Case law

Danial Dabish v. James McMahon

Court of Appeals for the Sixth Circuit · Jun 19, 2020

It then held that Plaintiffs failed to state a claim of Monell liability against the City of Hamtramck, and that the claims against Officer Stout and the City of Hamtramck fail on the grounds of qualified immunity and … governmental immunity.

John Harden v. Keith Hillman

993 F.3d 465 · Court of Appeals for the Sixth Circuit · Apr 6, 2021

“The district court abuses its discretion when it relies on clearly erroneous findings of fact, uses an erroneous legal standard, or improperly applies the law.” United States v. … Instead, “there must be a showing that one or more jurors made statements exhibiting overt racial bias that cast serious doubt on the fairness and impartiality of the jury’s deliberations and resulting verdict,” and, “[t]o qualify

Muhammad Abdur-Rahman v. Bradley Settles

848 F.2d 188 · Court of Appeals for the Sixth Circuit · May 16, 1988

At that time, he informed Thrames that while Allen had presented the misconduct report to him, Allen had not reviewed it with him and was not qualified to review it. … Parratt is not applicable to claims based on a right, privilege, or immunity secured by the Constitution or federal laws other than the due process clause of the fourteenth amendment. See Hayes v.

Thomas More Law Center v. Obama

651 F.3d 529 · Court of Appeals for the Sixth Circuit · Jun 29, 2011

It was to change individual behavior by requiring all qualified Americans to obtain medical insurance. … These objections, however, do not appear to establish a constitutional defect.

United States v. Battista

646 F.2d 237 · Court of Appeals for the Sixth Circuit · Apr 6, 1981

By Court order of July 13, 1974 twelve members of the grand jury were replaced by twelve members that were newly qualified. … All of the appellants had such knowledge as was clearly shown by the evidence.

In re: Ohio Execution Protocol

Court of Appeals for the Sixth Circuit · Apr 6, 2017

The distinction between establishing a per se rule that use of midazolam is always constitutional and what the Supreme Court actually did—which is determine that the Oklahoma district court did not clearly err by finding … For several reasons, this determination was not clearly erroneous.

Welton Wright v. General Motors Corporation

951 F.2d 351 · Court of Appeals for the Sixth Circuit · Dec 10, 1991

However, the evidence clearly supports the district court's finding that Coppernoll and Katterjohn were more qualified than plaintiff for the position of detailer. … the position, the court's finding that he was not qualified for the position when he first requested it is well founded and not clearly erroneous.

Derek Block v. James Canepa

Court of Appeals for the Sixth Circuit · May 6, 2026

The district court found that all of these individuals were immune from suit under the Eleventh Amendment and dismissed the claims against them. … Throughout this suit, Plaintiffs have clearly limited their challenge specifically to “the provisions in Ohio Rev.

Rubber Technology, Inc. v. Amplan, Inc.

960 F.2d 150 · Court of Appeals for the Sixth Circuit · Apr 13, 1992

Various witnesses for the defendant, including one who qualified as an expert, testified that preheating the resin at too high a temperature would cause a degrading effect that in turn would interfere with the proper operation … This argument by Amplan, stripped of its verbiage, is actually nothing more than a contention that the district court's findings of fact are clearly erroneous. 9 The district court also found that the machine clearly did

Arban v. West Publishing Corp

Court of Appeals for the Sixth Circuit · Sep 24, 2003

Frito-Lay, must establish the following evidence by a Inc., 165 F.3d 460, 467 n. 7 (6th Cir. 1999). … Since the instructions, because the language clearly identifies damages in the past taken as a whole, indicate that the jury was required to find tense.”

Westwater v. Murray

245 F. 427 · Court of Appeals for the Sixth Circuit · Oct 2, 1917

Murray had been appointed and qualified as the successor of Lyons in the bank receivership, and, under an order of the court in which the original suit was pending, had been substituted as plaintiff in the place of Lyons; … This at most was harmless error; but we think the matter was clearly within the discretion of the court. The judgment is affirmed, subject to the modification above stated.

Bank of Montreal v. American Homepatient

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." … Illinois Dep't of Revenue, 530 U.S. 15, 20 (2000) (explaining that “[c]reditors' entitlements in bankruptcy arise in the first instance from the underlying substantive law creating the debtor's obligation, subject to any qualifying

Steier v. Best

109 F. App'x 1 · Court of Appeals for the Sixth Circuit · Jun 30, 2004

Moreover, knowledge that legal rights are being violated is insufficient to establish malice.... ” In re Mulder, 306 B.R. 265, 270 (Bankr.N.D.Iowa 2004) (citation omitted). 2. Discussion a. … In that action, the insurance proceeds at issue were clearly the creditor’s property pursuant to a security agreement.

United States v. Mario Alfaro-Flores

446 F. App'x 753 · Court of Appeals for the Sixth Circuit · Nov 9, 2011

However his account was internally inconsistent and inconsistent with other evidence that established he had engaged in trafficking of large quantities of cocaine. … Contrary to Alfaro-Flores’s assertion, “the fact that [he] qualified for a two-level acceptance of responsibility reduction under § 3E1.1 does not establish eligibility for a safety valve reduction under § 5C1.2.”

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

886 F.2d 1316 · Court of Appeals for the Sixth Circuit · Oct 5, 1989

886 F.2d 1316 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 also affirmed the district court's decision not to allow the defendant belatedly to raise a qualified immunity defense. 4 Lampley's other two claims were based on 42 U.S.C. Sec. 1981 and Title VII, 42 U.S.C.

United States v. Jason Howard

570 F. App'x 478 · Court of Appeals for the Sixth Circuit · Jun 25, 2014

A defendant can still qualify for a leadership enhancement even though he does not meet every factor. United States v. Gates, 461 F.3d 703, 709 (6th Cir. 2006). … In sum, we cannot say that the district court’s determination that Howard failed to show it was clearly improbable that his firearms were connected to his drug offense was clearly erroneous.

Hackney v. Lincoln National Fire Insurance Co.

657 F. App'x 563 · Court of Appeals for the Sixth Circuit · Nov 2, 2016

Once a term is found 3 Kentucky law does not clearly indicate whether good-faith-and-fair-dealing claims sound in contract or in tort. … VSI argues that the Plan establishes only eligibility for benefits; it does not establish an entitlement to those benefits.

Herbert Clyde Squires v. Immigration and Naturalization Service

689 F.2d 1276 · Court of Appeals for the Sixth Circuit · Dec 21, 1982

With respect to denaturalization itself, Congress clearly adopted the concept in enacting § 340(a) [ 8 U.S.C. § 1451 (a) ]. … Justice Holmes, for the Court, said: “It is thoroughly established that Congress has power to order the deportation of aliens whose presence in the country it deems hurtful.

Kalaj v. Gonzales

201 F. App'x 345 · Court of Appeals for the Sixth Circuit · Oct 23, 2006

To qualify for withholding of removal under 8 U.S.C. § 1231(b)(3)(A), the applicant “must establish a clear probability of persecution” by showing that it is more likely than not that he will be persecuted. INS v. … Similarly, to qualify for withholding under the Convention Against Torture, the applicant must “establish that it is more likely than not that he or she would be tortured if removed to the proposed country of removal.”

United States v. Chase Russell Downey

Court of Appeals for the Sixth Circuit · Jul 2, 2025

That is not a sufficient reason to establish good cause for failure to file in a timely manner. … Downey challenges whether he has three qualifying convictions.