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

In January 1996, Coleman killed Stevens to keep her from testifying against him at his trial on charges of drug trafficking. A jury convicted him for aggravated murder (with a capital-specification for his killing a witness and a firearm-specification) and of unlawful possession of a firearm. The Ohio trial court sentenced him to death and four-and-a-half years in prison.Coleman unsuccessfully sought relief on direct appeal, then unsuccessfully pursued state post0conviction relief. While Coleman’s first petition for post-conviction relief was pending, he returned to the trial court in 2002, with a motion for relief from judgment, a motion for a new trial, and a successive petition for postconviction relief, all raising claims of actual innocence and that the prosecution withheld exculpatory evidence in violation of “Brady.” The court dismissed the petition without a hearing, The Ohio appellate court affirmed.The Sixth Circuit affirmed the denial of his federal habeas petition. The decision of the Ohio court of appeals, that a purported confession by another inmate lacked credibility and was not “Brady” material, neither contravened nor unreasonably applied clearly established Supreme Court precedent. The state court evaluated the totality of the mitigation evidence and reweighed it against the evidence in aggravation to reasonably conclude that Coleman experienced no prejudice from his counsel’s conduct in failing to raise certain mitigation arguments. View "Coleman v. Bradshaw" on Justia Law

Two nurses, employed by the Board of Education, claim that the School Board retaliated against them for advocating for the rights of students who are disabled within the meaning of the Americans with Disabilities Act (ADA), 42 U.S.C. 12101; Section 504 of the Rehabilitation Act, 29 U.S.C. 701; and the Kentucky Civil Rights Act; and that the Board violated the Kentucky Whistleblower Act by retaliating against them for reporting a parent’s suspected child neglect to a state agency. One plaintiff also claimed that the School Board failed to accommodate her disability and constructively discharged her, in violation of the ADA and the KCRA. The district court granted the Board summary judgment.The Sixth Circuit reversed as to the retaliation claims under the ADA, Section 504, and the KCRA. A jury could “reasonably doubt” the Board’s explanation for its actions and find that it acted, at least in part, because of the protected advocacy. The court affirmed as to the whistleblower claims; the plaintiffs only allege that they reported a mother of possible neglect and do not allege that they reported any violation of law by their employer to a state agency. The court affirmed as to the individual claim for failure to accommodate disabilities. The nurse failed to provide any documentation about her disability diagnosis during the interactive process. View "Kirilenko-Ison v. Board of Education of Danville Independent Schools" on Justia Law

Ta’Naejah, born in 2011, was in the custody of her mother, who severely abused her, including through repeated burnings and beatings. Ta’Naejah was hospitalized and interviewed by Cuyahoga County caseworkers, but ultimately was returned to Crump’s custody. Throughout the next year, the county received further reports of abuse and interviewed Ta’Naejah several more times, but never acted to remove her from the household. The abuse eventually resulted in Ta’Naejah’s death. Her estate filed suit under 42 U.S.C. 1983, asserting claims based on Ta’Naejah’s due process rights and state-law causes of action. The district court dismissed, holding that the Constitution does not create a right to state protection from private harm.The Sixth Circuit reversed in part. While several of the federal claims are foreclosed by precedent, the plaintiffs also allege that the state affirmatively increased Ta’Naejah’s risk of harm by repeatedly interviewing her in the presence of her alleged abusers, in violation of state regulations. Those allegations plausibly allege a claim under the state-created danger doctrine. The court rejected the defendants’ motion to seal the plaintiffs’ brief, which allegedly contained confidential information obtained through discovery, which had been subject to a protective order. The defendants do not explain why the information in question should be kept from the public, other than because it is covered by the protective order. View "Lipman v. Budish" on Justia Law

In 1986, Mitchell, a black man, was convicted by an all-white jury of raping two white women in Tennessee. It is undisputed that the prosecution’s decision to strike a black prospective juror violated the Supreme Court’s 1986 holding, Batson v. Kentucky. The district court granted relief on Batson grounds in 1995, but the Sixth Circuit reversed, holding that Mitchell had to first establish “cause and prejudice” for failing to develop the claim before the state court. Multiple remands left Mitchell in a “procedural thicket.”In 2012, the Supreme Court decided "Martinez," holding that when a state limits the consideration of ineffective assistance of trial counsel claims to collateral review, a habeas petitioner may establish cause for procedural default if state post-conviction counsel was ineffective under Strickland and the underlying claim has “some merit.” The holding changed prior law--that post-conviction counsel’s “ignorance or inadvertence in a post-conviction proceeding,” including failure to raise ineffective assistance of trial counsel claims, does not qualify as cause to excuse procedural default.The Sixth Circuit then granted Mitchell a conditional writ of habeas corpus, concluding that “Martinez” enables Mitchell to show the necessary “cause,” and authorizes him to raise his underlying ineffective assistance of counsel claim and to seek redress through a Rule 60(b) motion. View "Mitchell v. Genovese" on Justia Law

International, an outdoor advertising company, sought to erect digital billboards in two separate locations within the City of Troy. International's permit and variance applications were denied. International filed suit (42 U.S.C. 1983), alleging that the ordinance granted unfettered discretion and contained unconstitutional content-based restrictions as it exempted from permit requirements certain categories of signs, such as flags and “temporary signs.” During the litigation, Troy amended the Ordinance.The Sixth Circuit remanded. The original Ordinance imposed a prior restraint because the right to display a sign that did not come within an exception as a flag or as a “temporary sign” depended on obtaining either a permit or a variance. The standards for granting a variance contained multiple vague, undefined criteria, such as “public interest,” “general purpose and intent,” “adversely affect[ing],” and “hardship.” Even meeting these criteria did not guarantee a variance; the Board retained discretion to deny it. The amendment, however, rendered the action for declaratory and injunctive relief moot. The severability of the variance provisions rendered moot its claim for damages. The court reinstated a claim that the ordinance imposed content-based restrictions without a compelling government interest for reconsideration under the correct standard. A regulation of commercial speech that is not content-neutral is still subject to strict scrutiny. View "International Outdoor, Inc. v. City of Troy" on Justia Law

On January 18, 2019, the plaintiffs went with Covington Catholic High School classmates to Washington, D.C. to attend the March for Life. They later gathered near the Lincoln Memorial to await buses to return to Kentucky. Following interaction with other groups, Native American activist Phillips approached them, beating a drum and chanting. A video of this interaction was posted online and went viral. Some of the students were displaying the “Make America Great Again” campaign slogan; some were performing the “tomahawk” chop; one student is standing close to Phillips. The plaintiffs complained of online harassment in response to the video’s dissemination. Representative Debra Haaland, a Native American, on her official Congressional Twitter account, posted: “This Veteran [Phillips] put his life on the line for our country. The students’ display of blatant hate, disrespect, and intolerance is a signal of how common decency has decayed under this administration.” She later sent a tweet from her campaign Twitter account that linked to an interview with Phillips, in which he stated that the students were chanting “build that wall.” Senator Elizabeth Warren sent a tweet from her official Senate Twitter account, stating “Omaha elder and Vietnam War veteran Nathan Phillips endured hateful taunts with dignity and strength."The Sixth Circuit affirmed the dismissal of the suit as barred by sovereign immunity, 28 U.S.C. 2679(b)(1). Members of Congress routinely broadcast their views on current events; the statements were made within the scope of their employment. The United States was properly substituted as the defendant and the court correctly dismissed Senator Warren and Representative Haaland from the suit. That the United States has not waived its immunity to libel suits is irrelevant. Plaintiffs may pursue their claims against the remaining defendants in state court. View "Does v. Haaland" on Justia Law

In 1998-2010, Dimora served as one of three Cuyahoga County Commissioners. An FBI investigation revealed that Dimora had received over $250,000 in gifts from individuals with business before the County, including home renovations, trips to Las Vegas, and encounters with prostitutes. Dimora had used his position to help with the awarding of County contracts, hiring, the results of at least one County election, and civil litigation outcomes. Dimora’s “influence” ranged from casting formal votes as Commissioner to pressuring other officials.Dimora was charged with Hobbs Act offenses, bribery concerning programs receiving federal funds, making false statements on tax returns, conspiracy to commit mail fraud and honest services mail fraud, conspiracy to commit bribery concerning programs receiving federal funds, conspiracy to commit wire fraud and honest services wire fraud, RICO conspiracy, mail fraud, conspiracy to obstruct justice and obstructing a federal investigation. A jury convicted Dimora on 33 counts. The Sixth Circuit upheld the jury instructions defining “official acts” as having “fairly trace[d] the line between permissible gifts and impermissible bribes.” A ruling that state ethics reports were inadmissible hearsay was harmless in light of “overwhelming evidence.”In its 2016 “McDonnell” decision, the Supreme Court gave a narrow construction to a key element included within several of Dimora’s offenses. The term “official acts” does not include “setting up a meeting, calling another public official, or hosting an event.” Official acts are limited to “formal exercise[s] of governmental power.” Dimora petitioned to vacate his convictions under 28 U.S.C. 2255. The Sixth Circuit vacated a denial of relief. The court declined to decide whether the instructional error was harmless with respect to most of the counts or whether the “cumulative effect” of instructional and evidentiary errors entitles Dimora to relief. View "Dimora v. United States" on Justia Law

Faisal Khalaf, Ph.D., who is of Lebanese descent, sued Ford, his former employer, and his former supervisors under Title VII, 42 U.S.C. 2000e, Michigan’s Elliott-Larsen Civil Rights Act, and 42 U.S.C. 1981. He claimed that he was subjected to a hostile work environment because of his race or national origin and that the defendants illegally retaliated against him, after he engaged in protected activities, by demoting him, placing him on a “Performance Enhancement Plan” (PEP), and terminating his employment. For the collective actions of all the defendants, the jury awarded Khalaf $1.7 million in pension and retirement losses and $100,000 in emotional-distress damages. For the actions of Ford only, the jury awarded $15 million punitive damages, which the court reduced to $300,000.The Sixth Circuit reversed, directing the district court to enter judgment in favor of the defendants. There was insufficient evidence of a hostile work environment. Clear communication skills are a fundamental skillset required of managerial positions across the U.S., and such ability was a part of Khalaf’s specific role; there is no basis to infer that comments about his English language skills were motivated by discriminatory animus. There is no evidence from which a reasonable jury could find a connection between Khalaf’s complaint against his supervisors and the imposition of the PEP. Khalaf was not actually terminated He was given the choice of taking another position and decided not to do so. View "Khalaf v. Ford Motor Co." on Justia Law

In 144 years of the Kentucky Derby, only one horse to cross the finish line first had been disqualified. No winning horse had ever been disqualified for misconduct during the race itself. In 2019, at the 145th Derby, “Maximum Security,” the horse that finished first, was not declared the winner. He would come in last, based on the stewards’ call that Maximum Security committed fouls by impeding the progress of other horses. His owners, the Wests, were not awarded the Derby Trophy, an approximate $1.5 million purse, and potentially far greater financial benefits from owning a stallion that won the Derby.They filed suit under 42 U.S.C. 1983 against the individual stewards, the individual members of the Kentucky Horse Racing Commission, an independent state agency, and the Commission, claiming that the regulation that gave the stewards authority to disqualify Maximum Security is unconstitutionally vague.The Sixth Circuit affirmed the dismissal of the suit. The decision to disqualify Maximum Security was not a “final order[] of an agency” under KRS 13B.140(1) and is not subject to judicial review. The owners had no constitutionally-protected right. Kentucky law provides that “the conduct of horse racing, or the participation in any way in horse racing, . . . is a privilege and not a personal right; and ... may be granted or denied by the racing commission or its duly approved representatives.” View "West v. Kentucky Horse Racing Commission" on Justia Law

Duval, a special education teacher in the Lansing district, was under the supervision of Bacon until 2011. Several teachers reported Duval’s physical abuse of students. Bacon apparently did not address those reports. When Bacon retired. Robinson became principal. Upon Robinson’s arrival, the school’s union representative presented her with a full envelope of statements regarding Duvall’s mistreatment of students and women. After additional reports, Robinson referred the complaint to HR and requested an investigation by the District’s Director of Public Safety. Reports had been made to the Lansing police; employees of the Community Mental Health Authority and Guardianship Services made additional reports. Following a “firestorm” of complaints, and a brief suspension Duval was transferred to the Gardner school. The reports of abuse continued.In 2014, C.G., who has autism spectrum disorder, was a student at Gardner. Duvall allegedly abused C.G. by throwing him into furniture and kicking him in response to minor misbehavior. The Lansing police department charged Duval with child abuse. Duval resigned.In a suit under 42 U.S.C. 1983, alleging violation of C.G.’s right to bodily integrity under the Due Process Clause, the district court dismissed Plaintiff’s claims against several supervisory employees. The Sixth Circuit reversed. There is sufficient evidence of a direct chain of causation between the “deliberate indifference” of the supervisors and C.G.’s abuse. View "Garza v. Lansing School District" on Justia Law