2016 Sixth Circuit US Court of Appeals Case Law
Opinions 1001 - 1223 of 1223
Date: February 29, 2016
Docket Numbers: 14-6370, 14-6258
Justia Opinion Summary: The plaintiffs (African-American adult males), and adult female friends, some of whom were Caucasian, walked past the Police Department’s EDU precinct, leaving the nearby Entertainment District. They had spent the…
Date: February 29, 2016
Docket Number: 15-5377
Date: February 25, 2016
Docket Number: 15-1331
Justia Opinion Summary: Odeh was charged under 18 U.S.C. 1425(a), which provides that “[w]hoever knowingly procures or attempts to procure, contrary to law, the naturalization of any person” shall be fined or imprisoned. On her 1994 immigrant…
Date: February 25, 2016
Docket Number: 15-3258
Justia Opinion Summary: Inmate Troche alleges that in 2001 he was severely beaten by Officer Crabtree and that after he received treatment for his injuries, he was placed in isolation and deprived of food. Troche alleges he submitted an…
Date: February 25, 2016
Docket Number: 15-5853
Justia Opinion Summary: In 1994, a jury convicted Smith of participating in a drug conspiracy and maintaining a drug house. Although Smith’s presentence report noted that he qualified as a career offender under U.S.S.G. 4B1.1, the court…
Date: February 24, 2016
Docket Number: 14-4008
Justia Opinion Summary: Ohio prohibited persons from disseminating false information about a political candidate in campaign materials during the campaign season “knowing the same to be false or with reckless disregard of whether it was false…
Date: February 24, 2016
Docket Number: 15-3208
Justia Opinion Summary: Columbia stores natural gas in Medina Field, a naturally-occurring system of porous underground rock, pumping gas into the Field during summer, during low demand, and withdrawing it during winter. Medina is among 14…
Date: February 23, 2016
Docket Number: 15-1802
Justia Opinion Summary: In 1998, Jackson began working at DRH’s Crisis Center as a mental health technician. RNs were required to authorize patient-discharges. MHTs assisted with paperwork and physically escorting the patient. Before the…
Date: February 22, 2016
Docket Numbers: 15-4404, 15-3799, 15-3817, 15-3820, 15-3822, 15-3823, 15-3831, 15-3837, 15-3839, 15-3850, 15-3853, 15-3858, 15-3885, 15-3887, 15-3948, 15-4159, 15-4162, 15-4188, 15-4211, 15-4234, 15-4305, 15-4404
Justia Opinion Summary: Cases challenging the validity of “the Clean Water Rule,” adopted by the Army Corps of Engineers and U.S. Environmental Protection Agency were consolidated in the Sixth Circuit by the Judicial Panel on Multi-District…
Date: February 19, 2016
Docket Number: 14-4294
Date: February 19, 2016
Docket Numbers: 15-3158, 15-3506
Justia Opinion Summary: Officers signaled for Brown to pull over. They claim that Brown was driving without headlights on, though eyewitnesses dispute this, They walked to Brown’s vehicle and asked for his license and registration. Before Brown…
Date: February 19, 2016
Docket Number: 15-3450
Date: February 19, 2016
Docket Number: 15-3506
Justia Opinion Summary: Officers signaled for Brown to pull over. They claim that Brown was driving without headlights on, though eyewitnesses dispute this. Before Brown retrieved his license and registration, they ordered him out of the car.…
Date: February 18, 2016
Docket Numbers: 13-6560, 13-6558, 13-6559
Justia Opinion Summary: The Mizes were charged with conspiracy to distribute and possession with intent to distribute oxycodone, 21 U.S.C. 846, 841(a)(1); (b)(1)(C), and conspiracy to commit money laundering, 18 U.S.C. 1956(a)(1)(A)(i),…
Date: February 18, 2016
Docket Number: 15-1588
Justia Opinion Summary: On September 15, 2011, Elder Living ordered a background screening report on Rocheleau from First Advantage's predecessor, in conjunction with Rocheleau’s application for employment. The search disclosed criminal…
Date: February 18, 2016
Docket Number: 15-1624
Justia Opinion Summary: Haines operates a tour bus company. In 2000, he modified the luggage compartment in a bus to become a sleeper area, designed to comply with Federal Motor Carrier Safety Administration (FMCSA) regulations. In May, 2011,…
Date: February 18, 2016
Docket Number: 15-5284
Justia Opinion Summary: Tessier was on probation for a 2011 Tennessee felony conviction for sexual exploitation of a minor. His probation order contained a “standard” search condition that applied to all probationers in Tennessee: “I agree to a…
Date: February 12, 2016
Docket Number: 14-3591
Justia Opinion Summary: Landrum was convicted of aggravated burglary and aggravated murder for breaking into 84-year-old White’s apartment and killing him in 1985. The jury found two death penalty specifications: Landrum committed aggravated…
Date: February 12, 2016
Docket Number: 15-3411
Justia Opinion Summary: Plaintiffs received medical care from Mount Carmel Hospital in Columbus, Ohio. Consultant Anesthesiologists provided anesthesiology services to each at Mount Carmel Hospital. After plaintiffs did not pay their bills,…
Date: February 11, 2016
Docket Number: 09-5517
Justia Opinion Summary: Taylor committed burglaries from Luck’s house and neighboring Atlanta residences, 2001-2003. On August 6, 2003, Taylor, Matthews, and Marshall, went to Luck’s house to rob him. Marshall guarded Luck at gunpoint while…
Date: February 11, 2016
Docket Number: 14-3678
Justia Opinion Summary: Ohio elects its state judges through a hybrid process. Judicial candidates are first selected through partisan primary elections. On the general-election ballot, their names show no partisan affiliation, even though…
Date: February 11, 2016
Docket Number: 15-3306
Justia Opinion Summary: In 1986, after Moreland waived trial by jury, a three-judge panel found Moreland guilty of the aggravated murders of his girlfriend Glenna, her adult daughter and three grandchildren, and of the attempted aggravated…
Date: February 10, 2016
Docket Number: 14-3946
Date: February 10, 2016
Docket Number: 14-3947
Date: February 10, 2016
Docket Number: 15-5534
Justia Opinion Summary: In 2010, plaintiff started work at defendant’s Murfreesboro plant and was informed about the company’s sexual harassment policy. Plaintiff observed Leonard “come up behind” another man, “grab[] him in the butt,” and…
Date: February 9, 2016
Docket Number: 15-3475
Justia Opinion Summary: Hih, a Palestinian, overstayed a nonimmigrant visa and was subjected to removal proceedings. He sought asylum, withholding of removal, and relief under the Convention Against Torture, testifying that he had worked as an…
Date: February 8, 2016
Docket Numbers: 14-3918, 14-3633
Justia Opinion Summary: From 1983-2005, Moen entered into collective bargaining agreements (CBAs) with the union. Employees who retired 1983-1996 and their dependents received hospitalization, surgical and medical coverage without cost. If the…
Date: February 8, 2016
Docket Number: 14-5800
Justia Opinion Summary: Convicted-felon Houston resided on a farm containing signs critical of government and depicting the dead bodies of an officer and his companion. Houston and his brother (Leon) were acquitted of those murders. The farm…
Date: February 8, 2016
Docket Numbers: 14-6164, 14-6165, 14-6141, 14-6142
Justia Opinion Summary: Martin, Kentucky Mayor Thomasine Robinson, sought reelection. Her challenger, Howell, won by three votes. Husband James confronted and threatened to kill Howell; he was convicted in state court of terroristic threatening…
Date: February 5, 2016
Docket Number: 14-1816
Justia Opinion Summary: Cadillac Place (former General Motors Building), a Detroit office complex, is home to state offices, a court of appeals, a restaurant, a gift store, and even a barber shop. It is owned by Michigan Strategic Fund, a…
Date: February 5, 2016
Docket Number: 15-5343
Justia Opinion Summary: Alsante pleaded guilty to failing to register as a sex offender under 42 U.S.C. 16913. At his sentencing hearing, the district court permitted the government to introduce evidence that Alsante had committed other…
Date: February 4, 2016
Docket Number: 14-6150
Justia Opinion Summary: Over the course of seven years, Circle C, a contractor that built 42 warehouses at Fort Campbell Army base, paid some electricians about $9,900 less than the Davis-Bacon (40 U.S.C. 3142) wages specified in its contract…
Date: February 4, 2016
Docket Number: 15-1200
Justia Opinion Summary: In 2009-2010, eight tenants were evicted from their respective homes for alleged violations of the Lansing Housing and Premises Code. Each eviction followed an inspection of the buildings conducted in conjunction with…
Date: February 4, 2016
Docket Number: 15-3434
Justia Opinion Summary: During negotiations, Rubber Associates proposed to the Union that it decrease its contribution rate to the United Food and Commercial Workers Union Employer Pension Fund (governed by the Employee Retirement Income…
Date: February 4, 2016
Docket Number: 15-3453
Justia Opinion Summary: Cleveland officers Kazimer and Crisan drove to an apartment complex to investigate a sighting of armed-robbery suspects. Seeing someone who matched the description, they gave chase. A resident slowed Kazimer, knowing…
Date: February 2, 2016
Docket Number: 14-3866
Justia Opinion Summary: Trumbull County has provided sewer service to General Motors’ Lordstown Assembly Plant since 1964. In the mid-2000s, the County borrowed $3.4 million from the U.S. Department of Agriculture to maintain and improve its…
Date: February 2, 2016
Docket Number: 15-3508
Date: January 29, 2016
Docket Number: 15-1405
Justia Opinion Summary: Miller is a single father who, before his alleged disability, held positions as a security guard, machine operator, material handler, and night-club bouncer. In 2006, Miller visited a hospital emergency department with…
Date: January 29, 2016
Docket Number: 15-3375
Justia Opinion Summary: Bivens, then 33, began a sexual relationship with A.H., then 13 and living with her father near Bivens’ Kentucky home. A.H. moved to Ohio to live with her mother. A.H. took sexually explicit photos of herself at Bivens’…
Date: January 28, 2016
Docket Number: 15-5732
Justia Opinion Summary: Eaton sought custody of his infant son, claiming that the child’s mother would endanger the child’s safety. The mother responded that Eaton had substance abuse issues. The court ordered both to undergo testing at…
Date: January 27, 2016
Docket Number: 14-6521
Justia Opinion Summary: Village Green owes FNMA $8.6 million under loan agreements executed when it purchased a Memphis apartment building. Village missed its $55,000 payment in December 2009; four months later it filed for Chapter 11…
Date: January 22, 2016
Docket Number: 14-5572
Justia Opinion Summary: Cabrera, indicted as a felon in possession of a firearm after he procured a handgun for a confidential informant, claimed, in pre-trial motions and post-trial submissions, that law-enforcement agents had doctored an…
Date: January 22, 2016
Docket Number: 15-3542
Justia Opinion Summary: Blesedell, employed by Chillicothe Telephone Company since 1996, was terminated in 2012 for falsifying a timecard and impersonating a customer in telephone calls to the company. Blesedell sued the company and his union,…
Date: January 21, 2016
Docket Number: 12-3329
Justia Opinion Summary: Retirees, dependents of retirees, and the union filed a class action suit against the retirees’ former employer, M&G, after M&G announced that the plaintiffs would be required to make health care contributions. The…
Date: January 19, 2016
Docket Number: 15-3447
Justia Opinion Summary: In 2013 Ohio enacted Rev. Code 3503.06(C)(1)(a): “Except for a nominating petition for presidential electors, no person shall be entitled to circulate any petition unless the person is a resident of this state.”…
Date: January 15, 2016
Docket Number: 14-2520
Date: January 15, 2016
Docket Number: 15-3101
Justia Opinion Summary: Esquivel-Quintana was admitted to the U.S. as a lawful permanent resident in 2000. In 2009, he pleaded guilty to unlawful sexual intercourse with a minor in California. Esquivel-Quintana moved to Michigan. DHS initiated…
Date: January 15, 2016
Docket Number: 15-5062
Justia Opinion Summary: In 2011, Mr. Nichols was admitted to the Richmond, Kentucky, Kenwood Nursing & Rehabilitation Center. He signed an agreement that states that it applies to “any and all disputes arising out of or in any way relating to…
Date: January 13, 2016
Docket Number: 15-1230
Justia Opinion Summary: In 2003, the Burniacs executed a mortgage on their home in Plymouth, Michigan to secure a loan from WaMu. Wells Fargo acted as servicer of the mortgage and sent Burniac monthly mortgage statements. WaMu assigned…
Date: January 13, 2016
Docket Number: 15-3135
Justia Opinion Summary: In 1969, the Flynt brothers opened “Hustler Club” nightclub, in Cincinnati. Larry later created the Hustler conglomerate, producing sexually explicit magazines. Jimmy opened his retail store, Hustler Cincinnati, in…
Date: January 11, 2016
Docket Number: 15-1013
Justia Opinion Summary: In 2011, Asakevich pleaded guilty to distributing child pornography and attempting to entice a minor via the internet, 18 U.S.C. 2422(b). The district court sentenced Asakevich to life in prison. The Sixth Circuit…
Date: January 8, 2016
Docket Number: 15-1754
Date: January 7, 2016
Docket Number: 14-1137
Justia Opinion Summary: The Frys’ daughter, E.F., suffers from cerebral palsy and was prescribed a service dog to assist her with everyday tasks. Her school, which provided her with a human aid as part of her Individualized Education Program…
Date: January 7, 2016
Docket Number: 14-3957
Justia Opinion Summary: Three special-education students claimed that Kowalski abused her students during the 2003–2004 school year by, among other things, gagging one student with a bandana to stop him from spitting, strapping another to a…
Date: January 7, 2016
Docket Number: 15-1071
Justia Opinion Summary: Internal Revenue Code section 1256 provides that an investor who holds certain derivatives at the close of the taxable year must “mark to market” by treating those derivatives as having been sold for fair market value…
Date: January 6, 2016
Docket Number: 14-2519
Justia Opinion Summary: Kent’s parents, Rick and Pamela, were visiting Kent's family. Kent’s father had suffered serious health problems for years; he spent most of his visit in bed. One morning, Kent, a physician, found his father…
Date: January 6, 2016
Docket Number: 14-4136
Justia Opinion Summary: Nancy and Saed Marouf, and their daughter were stateless Christian Palestinians, living in the West Bank. Saed arrived in the U.S. in 2008. Nancy and Naheda arrived in 2009. The Maroufs now have two children who were…
Date: January 6, 2016
Docket Number: 15-3147
Justia Opinion Summary: Askins filed a citizen suit alleging that the U.S. Environmental Protection Agency (EPA), the Ohio EPA, and the Ohio Department of Agriculture (ODA) violated the Clean Water Act’s permitting procedures with respect to…
Date: January 6, 2016
Docket Number: 15-5507
Date: January 6, 2016
Docket Number: 15-5516
Date: January 5, 2016
Docket Number: 14-1537
Justia Opinion Summary: Kelsey, a member of the Little River Band of Ottawa Indians, was convicted in tribal court of misdemeanor sexual assault for inappropriately touching a tribal employee at the Band’s Community Center. The Community Center…
Date: January 5, 2016
Docket Number: 15-5417
Justia Opinion Summary: Plaintiffs, 194 employees who were terminated by Vanderbilt University on July 1, 2013, sued, claiming violation of the Worker Adjustment and Retraining Notification Act (WARN), 29 U.S.C. 2101, which requires certain…
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