Justia U.S. 6th Circuit Court of Appeals Opinion Summaries

In 2011, McCormick was convicted as a felon in possession of a firearm, which carries a 10-year maximum sentence. The district court sentenced McCormick under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e)(1), which imposes a 15-year mandatory minimum on defendants with three prior violent felony convictions, citing McCormick’s prior convictions for Kentucky third-degree burglary. Those burglaries occurred during a 16-day period, 19 years earlier, just after McCormick turned 18. The court recognized that McCormick’s offenses did not categorically qualify as ACCA predicates. The district court examined more than the Kentucky statute to conclude that McCormick “pled guilty to each of the essential elements of [generic] burglary.” The court sentenced McCormick to the ACCA’s 15-year mandatory minimum, varying downward. McCormick’s conviction and sentence were affirmed.The Sixth Circuit vacated his sentence. The district court incorrectly concluded that McCormick could not bring a habeas petition under 28 U.S.C. 2241 to challenge his illegal sentence based on the Supreme Court's 2016 "Mathis" decision, which explicated the “categorical approach” and requires courts to rely solely on the state statute's text to determine whether past convictions qualify as ACCA predicates where the state statute is divisible and lists alternative factual means by which a defendant can satisfy the listed elements. Based on Mathis, McCormick’s prior convictions no longer qualify as ACCA predicates. The 28 U.S.C. 2255(e) savings clause authorized him to seek relief from his unlawful sentence through a section 2241 petition. View "McCormick v. Butler" on Justia Law

Bennett worked at the Metro Government Emergency Communications Center (ECC) for 16 years. On November 9, 2016, Bennett, a white woman, responded to someone else's comment on her public-facing Facebook profile, using some of the commenter’s words: “Thank god we have more America loving rednecks. Red spread across all America. Even niggaz and latinos voted for trump too!” Bennett identified herself as an employee of Metro, the police department, and ECC in her Facebook profile. A constituent reposted part of Bennett’s statement and commented: If your skin is too dark your call may have just been placed on the back burner. Several employees and an outsider complained to ECC leadership. Bennett failed to show remorse. ECC officials determined that Bennett violated three Civil Service Rules and, after paid administrative leave and a due process hearing, fired her.Bennett sued Metro for First Amendment retaliation. The Sixth Circuit reversed a judgment in favor of Bennett, finding that the district court improperly analyzed the “Pickering” factors. The record indicated that the harmony of the office was disrupted; the court erred in discounting the importance of harmonious relationships at ECC. It is possible that inaction on ECC’s part could have been seen as an endorsement of the speech and impaired future discipline of similar derogatory statements. It is also possible that a damaged relationship with her colleagues could affect the quality and quantity of Bennett's work. Bennett’s comment detracted from ECC's mission. View "Bennett v. Metropolitan Government of Nashville and Davidson County" on Justia Law

Rudd alleged that his ex-wife abducted their sons with assistance from her attorney (Meyers), during a child custody dispute. Rudd called the police but alleges that they refused to help him because Meyers is married to the city manager. Rudd filed an official complaint with the police department. Rudd claims that officials subsequently helped Meyers obtain an ex parte personal protection order as “leverage” in the custody case, authorized officers to illegally disclose Rudd’s information on the Law Enforcement Information Network, and falsified reports. Rudd prevailed in the custody case. Norton Shores later hired a new police chief, Gale. Rudd thought that Gale might “objectively” address the way that the police had handled his sons’ abduction and filed an official complaint. Gale told Rudd that he would investigate and have the Michigan State Police investigate. Instead, Rudd alleges, Gale gave his complaint to Meyers, the city manager, and the former police chief; never internally investigated; and set up a sham outside investigation. Rudd claims that his complaint triggered retaliatory actions, including an effort to get him jailed.Rudd brought a pro se suit against everyone involved. The Sixth Circuit reversed the dismissal of his suit. The evidence may confirm Rudd’s allegations or it may disprove them but a court must accept his allegations as true at the pleading stage. View "Rudd v. City of Norton Shores" on Justia Law

Pineda visited a Cincinnati nightclub that used private bouncers and off-duty Hamilton County deputies for parking lot security. Three deputies worked that night, in uniform. Around 2:30 a.m., a fight broke out. Pineda saw individuals arguing with a bouncer near the door and told them to calm down. The bouncer hit Pineda in the face, chipping two teeth. According to Pineda, a deputy who was behind him knocked him unconscious by striking him on the back of the head with his baton. Pineda never identified the culprit. Three of Pineda’s friends generally corroborated his recollection. The deputies claim that they were in different areas and did not witness what happened to Pineda. Pineda’s injuries were significant. At the hospital, an officer wrote a report indicating that Pineda said that a bouncer assaulted him and did not mention a deputy.Pineda sued the deputies and the Sheriff’s Office under 42 U.S.C. 1983, alleging excessive force claim and that the Sheriff “ratified” the excessive force by failing to meaningfully investigate. The Sixth Circuit affirmed the rejection of the claims. Pineda was required to produce evidence from which a reasonable jury could find it more likely than not that each defendant was “personally involved” in the excessive force. Pineda did not identify the deputy who struck him; there was no allegation of a causal connection between the unidentified deputy and any other defendant’s actions. The investigation did not contribute to Pineda’s injury. View "Pineda v. Hamilton County" on Justia Law

The Kentucky Cabinet for Health and Family Services regulates the placement of at-risk children in the Commonwealth’s custody. Father Maloney’s Boys and Girls Haven, a private, non-profit entity, educates, treats, and provides day-to-day care to abused and neglected children at a residential campus. The Commonwealth hired Haven to provide care for neglected children. The Haven hired Howell to work with “horses and youth.” Howell had worked one-on-one with Lester, a Haven resident, for three months. Lester arrived early one day, grabbed Howell, choked her unconscious, dragged her into the bathroom, and sexually assaulted her. Howell, unable to return to work, sued Haven and the Kentucky agency, alleging state-law claims and a 42 U.S.C. 1983 claim based on her Fourteenth Amendment interest to be free from unjustified personal intrusions.The district court dismissed the state agency from the case, dismissed the federal claim, and remanded the state-law claims to state court. The Sixth Circuit affirmed, finding that Haven is not a state actor. Haven houses, educates, and provides day-to-day care to the children but has no power to remove children and place them under appropriate care or in juvenile correctional facilities—the kinds of things state actors traditionally do. Kentucky has not “traditionally and exclusively” performed Haven’s functions, and Haven is not standing in Kentucky’s shoes when offering eleemosynary services. Requiring private actors to follow statutory mandates, even if “extensive,” doesn’t transform them into public servants. View "Howell v. Father Maloney's Boys' Haven" on Justia Law

Freed owed $735.43 in taxes ($1,109.06 with penalties) on his property valued at about $97,000. Freed claims he did not know about the debt because he cannot read well. Gratiot County’s treasurer filed an in-rem action under Michigan's General Property Tax Act (GPTA), In a court-ordered foreclosure, the treasurer sold the property to a third party for $42,000. Freed lost his home and all its equity. Freed sued, 42 U.S.C. 1983, citing the Takings Clause and the Eighth Amendment.The district court first held that Michigan’s inverse condemnation process did not provide “reasonable, certain, and adequate” remedies and declined to dismiss the suit under the Tax Injunction Act, which tells district courts not to “enjoin, suspend or restrain the assessment, levy or collection of any tax under State law where a plain, speedy and efficient remedy may be had" in state court, 28 U.S.C. 1341. The court reasoned that the TIA did not apply to claims seeking to enjoin defendants from keeping the surplus equity and that Freed was not challenging his tax liability nor trying to stop the state from collecting. The TIA applied to claims seeking to enjoin enforcement of the GPTA and declare it unconstitutional but no adequate state court remedy existed. The court used the same reasoning to reject arguments that comity principles compelled dismissal. After discovery, the district court sua sponte dismissed Freed’s case for lack of subject matter jurisdiction, despite recognizing that it was “doubtful” Freed could win in state court. The Supreme Court subsequently overturned the "exhaustion of state remedies" requirement for takings claims.The Sixth Circuit reversed without addressing the merits of Freed’s claims. Neither the TIA nor comity principles forestall Freed’s suit from proceeding in federal court. View "Freed v. Thomas" on Justia Law

Kidis, driving home, after drinking heavily, caused a minor accident, exited his vehicle, and fled. Officer Reid attempted to arrest Kidis; he fled with a handcuff attached to his wrist. He jumped barbed-wire fences before entering a wooded area. Eventually, Kidis surrendered, lying face down, his hands stretched out above his head. Kidis asserts that Officer Moran thrust his knee into Kidis, punching and strangling Kidis, yelling that he was going to “teach [him] to . . . run.” Kidis pleaded guilty to resisting and obstructing a police officer, operating a motor vehicle with high blood-alcohol content, and failing to stop at the scene of an accident.Kidis filed a 42 U.S.C. 1983 action against both officers. Rejecting Kidis’s deliberate indifference claim, the court found that Kidis could not prove that either officer was aware of Kidis’s medical needs. The court rejected an excessive force claim against Reid. A jury found that Moran used excessive force but that Kidis did not prove that this force caused his injuries. The jury awarded Kidis $1 in compensatory damages and $200,000 in punitive damages. The court rejected the officers’ motions for attorneys’ fees but awarded Kidis $143,787.97 in fees. The Sixth Circuit reversed the punitive damages award but otherwise affirmed. Measured against the harm and compensatory damage findings, the punitive damages award runs afoul of due process principles. On remand, the court is to reduce the award to no more than $50,000. View "Kidis v. Reid" on Justia Law

Griffith was arrested after a failed robbery attempt and was held at Franklin County Regional Jail. Griffith suffered seizures six days into his detention. He was sent to a local hospital, where he suffered another seizure, and was then airlifted to the University of Kentucky Hospital. He recovered but continues to suffer headaches and other negative symptoms. Griffith sued county defendants and SHP, a private medical company that provides medical services at the jail, and SHP medical staff under 42 U.S.C. 1983, alleging that he received unconstitutionally inadequate medical care. Griffith argued that the defendants were deliberately indifferent because they failed to adequately monitor him for drug withdrawal, allowing his vomiting to progress to the point of dehydration, which led to his kidney failure, which caused his seizures.The district court granted the defendants summary judgment, finding that Griffith failed to establish that they acted with deliberate indifference to his serious medical needs. The Sixth Circuit affirmed. There is no evidence that the nurse knew or should have known that Griffith’s vomiting evinced a substantial risk to his health or that he was experiencing severe withdrawal symptoms. Griffith made no effort to obtain further care other than two sick call slips he filled out in detox; there is no evidence that the nurse would have expected that he had not responded to the treatment provided. Even a failure to follow internal processes does not, alone, indicate deliberate indifference. View "Griffith v. Franklin County" on Justia Law

Simmons pleaded guilty to drug charges. Simmons’s judgment became final on September 22, 2016, He had until September 22, 2017, to file a motion to vacate. On August 13, 2018, Simmons moved to vacate his sentence under 28 U.S.C. 2255 and cited Section 2255(f)(2), which provides “[t]he limitation period shall run from . . . the date on which the impediment to making a motion created by governmental action in violation of the Constitution or laws of the United States is removed, if the movant was prevented from making a motion by such governmental action.” Simmons explained that, after his sentencing, he returned to state custody until December 2016 and served time at Wayne County Jail after that. Simmons claimed that those law libraries did not have federal law materials, which was an impediment to filing a 2255 Motion. He arrived at a federal facility on August 29, 2017. He claimed that the only way to obtain Section 2255 materials there was to request them but “you have to know what you need.”The district court dismissed, finding that Simmons had not sufficiently alleged what specific legal materials he was missing and how the lack of those materials prejudiced his ability to pursue his section 2255 rights. The Sixth Circuit affirmed. Even if a lack of federal materials, combined with a lack of a legal assistance program, constituted an unconstitutional impediment, a prisoner is required to allege a causal connection between the purported constitutional impediment and how the impediment prevented him from filing on time. Simmons did not. View "Simmons v. United States" on Justia Law

Gerics and Monahan were Flint, Michigan neighbors. Gerics was regarded as “unstable” and was notorious for occupying others’ property and digging holes. Monahan was the neighborhood association president. Gerics, over several months, used a megaphone to allege that Monahan “[i]s an HIV positive mother fucking pedophile.” Gerics filed multiple unsuccessful lawsuits against Monahan and put up signs alleging that Monahan had stolen from Gerics’s family and that Gerics would kill Monahan and his partner if they came near Gerics’s house. Sergeant Hall was sent to investigate. Given Hall’s knowledge of Monahan’s allegations and his observation that morning, Hall arrested Gerics. Another officer searched Gerics’s clothing and found a bag of marijuana.The state court found Hall had no probable cause to arrest Gerics and quashed the proceedings against him. Gerics sought damages under 42 U.S.C. 1983, alleging that Hall violated his Fourth Amendment rights by unlawfully arresting him and by unreasonably seizing his cell phone. A jury ruled in favor of the defendants. The Sixth Circuit dismissed an appeal for lack of jurisdiction. Gerics alleged the district court, at summary judgment, erroneously found a material question of fact on whether Hall had probable cause to arrest Gerics. Although the probable-cause issue was not one for the jury, a party may not appeal an order denying summary judgment after a full trial on the merits. View "Gerics v. Trevino" on Justia Law