Case law

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.

Hadix v. Johnson

Court of Appeals for the Sixth Circuit · May 6, 2004

Even if the defendant as clearly erroneous. … Carson, is better evidence before us, we conclude that the court abused its qualified than plaintiff’s expert, Mr. DiMascio. Mr.

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

Everson v. Michigan Department of Corrections

391 F.3d 737 · Court of Appeals for the Sixth Circuit · Dec 3, 2004

Given its speculative value, and its limited applicability, testing does not qualify as a reasonable alternative to gender-specific assignments. … In addition to this legal error, the district court clearly erred in finding “nothing unique” about Michigan’s female prisons.

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.

General Medicine, P.C. v. Horizon/CMS Health Care Corp.

475 F. App'x 65 · Court of Appeals for the Sixth Circuit · Apr 10, 2012

“In practice, this means that even fairly despicable conduct will not qualify as fraud on the court.” … HealthSouth argues that its claim qualifies under (b)(6) because subsection (b)(3) does not expressly apply to claims of collusion.

United States v. Tommy Banks

684 F. App'x 531 · Court of Appeals for the Sixth Circuit · Mar 30, 2017

“To qualify for an adjustment under [U.S.S.G. § 3B1.1], the defendant must have been the organizer, leader, manager, or supervisor of one or more other participants.” U.S.S.G. § 3B1.1, cmt. (n.2). … The district court’s factual finding that Conley recruited Preston and Green is not clearly erroneous.

United States v. Westmoreland

224 F. App'x 470 · Court of Appeals for the Sixth Circuit · Mar 29, 2007

Lewis testified that his position with the city did not require him to be familiar with the traffic codes, and that he would therefore not be qualified to assess whether or not a turn signal was required at a given intersection … He claims that “the evidence clearly established that Parkwood flows into Mock in a continuous roadway which is uncontrolled by any traffic device.”

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.”

Sandusky Wellness Center v. ASD

Court of Appeals for the Sixth Circuit · Jul 11, 2017

Plaintiffs need not prove that every element can be established by classwide proof. Bridging Cmtys., 843 F.3d at 1124. … Page 16 numbers that received each fax are objective criteria that make the recipient [class member] clearly ascertainable”).

Trustees for Michigan Carpenters Council Health & Welfare Fund v. C.J. Rogers, Inc.

933 F.2d 376 · Court of Appeals for the Sixth Circuit · May 10, 1991

FACTS Plaintiffs are ten voluntary unincorporated trust funds established pursuant to Section 302 of the Labor Management Relations Act (“LMRA”), 29 U.S.C. § 186 , and ERISA. … Upon review of the record, we find that the district court’s findings of fact are supported by the record as a whole, and are not clearly erroneous.

Darlene Brown v. Kelsey-Hayes Company

Court of Appeals for the Sixth Circuit · May 26, 2020

For this appeal, we assume Brown has established a prima facie case of discrimination. … And “[t]his Circuit has clearly established that an employer has no duty . . . to permit an employee to transfer to another position . . . when the employee’s position is eliminated as part of a work force reduction.”

James A. Brown v. The Babcock & Wilcox Company

936 F.2d 572 · Court of Appeals for the Sixth Circuit · Jun 26, 1991

Brown switched machines in 1987 when, in accordance with established procedure, he bid for a position on the 1152 machine. Brown received the position because he was one of the most senior qualified welders bidding. … The arbitration decision conclusively established that B & W did not violate the CBA. Neither party contends that we should not enforce the arbitrator's decision.

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.

Carolyn M. Parnell v. Michael P.W. Stone, Secretary of the United States Army

12 F.3d 213 · Court of Appeals for the Sixth Circuit · Dec 15, 1993

The panel unanimously recommended Bartus as the most qualified and plaintiff as the least qualified. … Under plaintiff's theory (that Quinn's statement to her establishes pretext), it is irrelevant who the panel ranked as the most qualified--she still could claim she was discriminated against.

United States v. Melvin Beasley

Court of Appeals for the Sixth Circuit · Mar 5, 2014

He argues that Officer Taylor disclosed that his cell phone monitoring of Hoyle was not for evidentiary purposes but only for Hoyle’s safety, that he could not clearly hear anything that went on during the purchase, and … Treated liberally, Officer Hoing established his expertise as to the use of gloves in drug distribution cases.