Case law

United States v. Darrin Harsley

Court of Appeals for the Sixth Circuit · Jul 29, 2024

It is undisputed that, per the express terms of the career-offender enhancement, Harsley’s prior and current convictions qualify him as a career offender. … Harsley because the district court based its determination on clearly erroneous facts, a defendant must establish that the relied-upon facts are “materially false or unreliable, and that such false or unreliable information

David O. Simon v. Univ. Hosps. Cleveland Med. Ctr.

Court of Appeals for the Sixth Circuit · Jan 10, 2025

To establish a prima facie claim for failure to accommodate under the ADA, Torres must show that: (1) she has a disability within the meaning of the ADA; (2) she was “otherwise qualified” for her job, “with or without … For example, she indicated that the disability “limits [Torres’s] focus,” and said that Torres needs to be able to “think clearly” to do her job. (Id. at 1183.)

James David Carter v. Ricky Bell, Warden Paul Summers, Attorney General

218 F.3d 581 · Court of Appeals for the Sixth Circuit · Jul 7, 2000

The district court found Fels to be qualified to testify as an expert on the standard for reasonably effective counsel in investigation, preparation, and presentation of a defense at the sentencing phase of a Tennessee capital … “This demonstrates that the jury had clearly in mind the elements necessary to convict of the crime of the felony of robbery and quite properly declined to include it.” Id.

United States v. Timothy Sanders

819 F.3d 880 · Court of Appeals for the Sixth Circuit · Apr 13, 2016

The district court did not clearly err in finding that the firearm enhancement applied to Sanders. … That the government sought and obtained an order under the SCA does not immunize that order from challenge on Fourth Amendment grounds.

Connecticut Fire Ins. v. Hamilton

59 F. 258 · Court of Appeals for the Sixth Circuit · Nov 6, 1893

In the first of these the clause in the policy of that insurance company upon that subject was held to establish a condition precedent, without performance of which, upon the request of the company, the plaintiff could not … It is not necessary to decide whether these differences qualify in any degree the undertaking of the company to the assured in cast; of loss, for, if they were intended to make its promise conditional on the satisfactory

DuVoison v. Federal Deposit Insurance (In re Southern Industrial Banking Corp.)

872 F.2d 1257 · Court of Appeals for the Sixth Circuit · Apr 19, 1989

This language establishes “federal question” jurisdiction over all such civil actions, and the second clause relieves this grant of jurisdiction from the $10,000 amount in controversy requirement that prior to 1980 was a … By using the word “only” to qualify its jurisdictional limitation, it does not appear that Congress intended to forbid pendent jurisdiction under these circumstances.

Golden v. Town of Collierville

167 F. App'x 474 · Court of Appeals for the Sixth Circuit · Jan 23, 2006

In order to establish a procedural due process claim in a § 1983 action, Golden must establish that he: (1) had a life, liberty, or property interest protected by the Due Process Clause; (2) that he was deprived of his … “To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it.

Harbison v. Investors Trading Co.

9 F.3d 107 · Court of Appeals for the Sixth Circuit · Nov 2, 1993

Miller had signed with the qualifier "Approved as to form only." 10 Miller was called again and told that because of the qualifier, his signature was unacceptable. … Any reasonable attorney could have identified that under the abuse-of-discretion standard the award of $500 was so clearly within the district court's discretion that there was no chance of success on appeal.

Ronald J. Jordan v. N. Wiggins J. Blair J. Adams

810 F.2d 201 · Court of Appeals for the Sixth Circuit · Nov 24, 1986

He clearly states that these state processes are inadequate under due process. 5 The appellees filed a motion to dismiss alleging that the complaint failed to state a claim upon which relief could be granted because relief … The appellant further alleges that relief is unavailable to him under Michigan law because all governmental agencies are immune from tort liability for injuries arising out of the exercise or discharge of a non-proprietary

Lyudmyla Irhibayeva v. Eric Holder, Jr.

549 F. App'x 421 · Court of Appeals for the Sixth Circuit · Dec 18, 2013

The BIA reiterated this finding, stating that she did not properly claim ineffective assistance of counsel and that, “even if [she] had established extraordinary circumstances . . . she did not establish that her application … In fact, the application was denied, as spelled out clearly by the IJ, because Ms.

In Re Big Rivers Electric Corporation, Debtor. United States of America, on Behalf of the Rural Utilities Service of the Department of Agriculture and the United States Trustee v. J. Baxter Schilling

355 F.3d 415 · Court of Appeals for the Sixth Circuit · Jan 8, 2004

An agreement with a single creditor that links the examiner's compensation to the creditor's recovery qualifies as such an interest because it creates the risk that the examiner will favor one creditor at the expense of other … The record does not clearly reflect whether Schilling indicated whom he expected to pay this fee when he first raised the issue at the Washington meetings.

Terrence Harvin, Cross-Appellee v. Cynthia Stephens, and Michigan Consolidated Gas Company Inc. Fieger, Fieger & Schwartz, P.C.

91 F.3d 143 · Court of Appeals for the Sixth Circuit · Jul 2, 1996

Private parties who conspire with state actors can be held liable under § 1983 even if the state actor is found to be immune from suit. Tower v. Glover, 467 U.S. 914, 919-20 (1984); Moore, 890 F.2d at 834 . … Michigan clearly has an important state interest in the enforcement of its own whistleblowers' protection statutes.

United States v. Joseph Samir Zakhari

Court of Appeals for the Sixth Circuit · Oct 23, 2023

Further, he clearly said the full word “yeah,” not “yea—.” Id.  No. 22-5328 United States v. … The phrase “I mean” is most commonly used when a speaker intends to clarify, qualify, or otherwise amend what he has just said.

United States v. Arthur Albert Booth

955 F.2d 45 · Court of Appeals for the Sixth Circuit · Feb 13, 1992

955 F.2d 45 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 … On both direct and cross-examination, Andrews' testimony clearly indicated that the break-up was not on friendly terms. In an attempt to soften the impact of Andrews' testimony, the defense called attorney Andrew Burch.

Zillow, Inc. v. Thomas Miller

126 F.4th 445 · Court of Appeals for the Sixth Circuit · Jan 16, 2025

It is well established that “[n]either the First Amendment nor the Fourteenth Amendment mandates a right of access to government information.” Houchins v. KQED, Inc., 438 U.S. 1, 15 (1978) (plurality op.). … According to the statutory language in KORA, which the majority clearly accepts, any attempt by the filmmaker to profit from her artistic expression has transformed that expression into commercial speech, and caused it to

Carl Robert Christy, Patrick Andres v. John Magunson James L. McCrystal Judge Howard Allison

85 F.3d 628 · Court of Appeals for the Sixth Circuit · May 16, 1996

LRL Properties, 55 F.3d at 1100-01 . 6 The district court properly found that, because the acts alleged were clearly taken within Judge McCrystal's judicial capacity, McCrystal is entitled to absolute immunity from the damages … Christy's allegations may not establish a claim under RICO, because he filed his complaint beyond the four-year statute of limitations applicable to RICO violations. See Agency Holding Corp. v.

City of Pontiac Retired Employees Ass'n v. Schimmel

726 F.3d 767 · Court of Appeals for the Sixth Circuit · Aug 9, 2013

Public Act 72 established a procedure for Michigan’s Governor to appoint emergency managers, and gave those emergency managers the power to address local governments’ financial crises. … On remand, the district court should also consider whether the Michigan Legislature possesses the power to retroactively immunize its own acts that the voters rejected by referendum.

United States v. Donna Kaye Lewis

81 F.3d 161 · Court of Appeals for the Sixth Circuit · Mar 22, 1996

81 F.3d 161 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 … The court disagreed, stating that "[t]he fact that she was less culpable than organizers, leaders, managers or supervisors' does not establish that the defendant was a minor participant." Id. at 428 .

Sharon Johnson v. Cleveland City School District

344 F. App'x 104 · Court of Appeals for the Sixth Circuit · Aug 25, 2009

Johnson’s second charge clearly alleged facts that could support a retaliation claim. … Failure to Accommodate The ADA prohibits discrimination “against a qualified individual with a disability.” 42 U.S.C. § 12112(a) (2008).

Xue Rong Zheng v. Eric H. Holder, Jr.

315 F. App'x 570 · Court of Appeals for the Sixth Circuit · Mar 4, 2009

It found that the IJ’s adverse credibility finding was not clearly erroneous. … To be “approvable when filed,” the petition must be “properly filed, meritorious in fact, and non- frivolous . . . based on the circumstances that existed at the time the qualifying petition . . . was filed.”