Case law

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

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.

United States v. Dante Winnick

Court of Appeals for the Sixth Circuit · Mar 27, 2020

At sentencing the district court determined that the four-level reduction did not apply because “the preponderance of the evidence . . . established that Mr. … The district court did not clearly err in finding, beyond a preponderance of the evidence, that Winnick committed a qualifying offense while on escape status.

Phillip Turner v. MDOC

Court of Appeals for the Sixth Circuit · Apr 3, 2023

The court also must immediately dismiss a complaint if it “seeks monetary relief from a defendant who is immune from such relief.” … Turner also contends that his use of prison-approved crutches following his fall from the top bunk plausibly establishes that he was disabled.

In Re Lewis Williams, Jr.

359 F.3d 811 · Court of Appeals for the Sixth Circuit · Jan 12, 2004

The majority, however, clearly disagreed. … In response, the state submits an affidavit from an extremely well-qualified physician explaining why, in the dose to be used by the state, two (2) grams, the condition described by plaintiff's expert will almost certainly

Nixon v. Kent County

76 F.3d 1381 · Court of Appeals for the Sixth Circuit · Feb 2, 1996

While any one of the listed groups qualifies as a "protected class," on its face, the Voting Rights Act does not indicate whether a coalition of African-Americans and Hispanic-Americans may constitute a single "class of citizens … Finally, if the tumultuous history of blacks in America is not enough to qualify us as a "community," it is difficult to imagine which group could possibly fit that description. 114 A.

Robert Winter, Jr. v. Steven Wolnitzek

Court of Appeals for the Sixth Circuit · Aug 24, 2016

The lesson is straightforward: A State may not hold judicial elections, then prevent candidates from explaining what makes them qualified for that office. … This canon does that, and does it clearly. In the words of the district court: “Don’t want to violate the Canon? Don’t tell a lie on purpose or recklessly.” R. 124 at 38.

Katt v. Lafler

271 F. App'x 479 · Court of Appeals for the Sixth Circuit · Mar 24, 2008

established federal law? … Finding that Katt procedurally defaulted his Due Process Clause claim and that he cannot show the Michigan courts unreasonably applied clearly established Confrontation Clause law, we affirm.

Daniels v. Pike County Commissioners

706 F. App'x 281 · Court of Appeals for the Sixth Circuit · Aug 29, 2017

In the aggregate, such behavior clearly raises at least the specter of anti-female animus. … Daniels easily overcame that hurdle by introducing evidence that she was a woman who was qualified for the job she held but was fired from that position and replaced by Aaron Gullett, a male.

Mactec, Inc. v. Bechtel Jacobs Company, LLC

346 F. App'x 59 · Court of Appeals for the Sixth Circuit · Sep 25, 2009

Under the circumstances, the district court did not clearly err in finding that Spurling lacked personal involvement in the Project. 2. … He is clearly qualified to give expert testimony in his field of expertise in this case. (ROA Vol. 1, 1342) (internal citations omitted).

Howard Gipson v. Vought Aircraft Industries, In

387 F. App'x 548 · Court of Appeals for the Sixth Circuit · Jul 13, 2010

(Wigginton is clearly the “Benny Riggins”/“Wiggins” identified in Gipson’s initial disclosure and interrogatory response.) … Unlawful Retaliation Under FMLA To establish a claim of unlawful retaliation under the FMLA, a plaintiff must show (1) that “he availed himself of a protected right under the FMLA by notifying [his employer] of his

Diversified Energy, Inc.,plaintiff-Appellant/cross-Appellee v. Tennessee Valley Authority, Defendant-Appellee/cross-Appellant

223 F.3d 328 · Court of Appeals for the Sixth Circuit · Aug 10, 2000

The parties’ inclusion of this language clearly indicates that they intended the reopener provision to be exercised for the express and limited purpose of negotiating new terms, if possible. See, e.g., Robich v. … Diversified does not dispute that Edgemon made several loans of money to Bradshaw, but claims that these loans did not constitute a material breach of the Contract under the Officials not to Benefit clause because they qualified

Aureus Holdings, Limited v. Detroit City

303 F. App'x 265 · Court of Appeals for the Sixth Circuit · Dec 9, 2008

Schultz maintains that even accepting Dockery’s version of the events, probable cause to seize the shotgun was not established. … Such bald allegations are clearly insufficient to forestall summary judgment. We therefore find no error in the district court’s award of summary judgment in favor of the City.

RGIS, LLC v. Keith Gerdes

Court of Appeals for the Sixth Circuit · Jun 12, 2020

With no contrary evidence from Gerdes, the district court did not clearly err in finding that this information likely qualifies as a “trade secret” under the broad legal definitions in federal and Michigan law. … Under Michigan law—which, again, we treat as coextensive with federal law for this case—a party seeking an injunction based on a former employee’s “threatened misappropriation” of trade secrets “must establish more than

United States v. Jonathan Davis

533 F. App'x 576 · Court of Appeals for the Sixth Circuit · Aug 12, 2013

A factual finding is clearly erroneous when the reviewing court is left with the definite and firm conviction that a mistake has been committed. Id. (citing United States v. Smith, 594 F.3d 530, 535 (6th Cir. 2010)). … Davis district court sentenced Davis to imprisonment for 324 months, or 27 years—well more than the 15-year mandatory minimum established by the ACCA.

United States v. One TRW, Model M14

Court of Appeals for the Sixth Circuit · Mar 20, 2006

Because Congress specifically exempted § 5872(b) but not § 5872(a) from § 9703(o)(1)’s reach, the intent was clearly for § 5872(a) to be considered an “applicable law” under § 9703(o)(1). … This unrebutted evidence establishes that the MKS-M14A could be converted by an expert gunsmith with readily available equipment to shoot automatically in four to six hours.

Equal Employment Opportunity Commission v. K-Mart Corp.

694 F.2d 1055 · Court of Appeals for the Sixth Circuit · Dec 8, 1982

Fed.R.App.P., provides the requirements for bringing a petition for a writ of mandamus before this Court. 5 The EEOC’s emergency motion for stay pending appeal and petition for writ of mandamus, and its brief and reply brief, clearly … The EEOC, however, has the burden of establishing the four requirements articulated in Powell. University of Pittsburgh, 643 F.2d at 985.

United States v. William Ewing

Court of Appeals for the Sixth Circuit · Mar 24, 2026

In light of this evidence, the district court did not clearly err in finding that there was sufficient evidence at the first step. … “To qualify as modus operandi evidence, the similarity between the prior crime and the charged offense must be striking, and the method must amount to a ‘signature.’” United States v. Joseph, 270 F.

Sherry Daniels, Administratrix of the Estate of Jefferson Daniels, and Individually v. American Honda Motor Company, Inc.

980 F.2d 729 · Court of Appeals for the Sixth Circuit · Dec 7, 1992

980 F.2d 729 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 … Strauss would not qualify as an "accident reconstruction" expert to explain exactly how Mr. Daniels received his injuries. (App. 465). But Dr.

Patricia Johnson Michael Au France v. City of Cincinnati

310 F.3d 484 · Court of Appeals for the Sixth Circuit · Jan 2, 2003

It is a right that has been firmly established and repeatedly recognized." United States v. … The Supreme Court has not yet identified the source of the first travel right, but the latter two components are expressly protected by the Privileges and Immunities Clause.