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

Selby is serving a life sentence for murder, a two-year sentence for being a felon in possession of a firearm, and a sentence for attempted escape from prison. Michigan prison authorities confined Selby in administrative segregation for almost 13 years based on a determination that he posed a serious escape risk. Selby served most of those years in a maximum security facility. Correction officials released Selby into the general prison population about 18 months after he filed a pro se suit under 42 U.S.C. 1983, alleging that he had been confined in segregation and denied access to worship services without meaningful review and in violation of the First Amendment and the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. 2000cc-1. The district court entered summary judgment in favor of the defendants. The Sixth Circuit affirmed as to the RLUIPA claim, but held that summary judgment was not appropriate on the due process claim. There were material disputes of fact, including whether Selby’s four misconduct reports over 10 years supported the decision to retain him in administrative segregation, whether the decision to override his qualification for a lower security classification in 2010 was warranted, and whether the aging escape history justified continued restraint in administrative segregation. View "Selby v. Caruso" on Justia Law

In 1997, the Miami Township police department fired Sergeant Young for allegedly forcing sex on a woman while on the job; the termination was overturned by an arbitrator. The arbitrator concluded that the department had not proven its allegations, noting that DNA samples from the scene did not match Young, that Young and his accuser had been in a relationship, and that the accuser had a history that cast doubt on her credibility. In 2010, the newspaper published the statement “Young had sex with a woman while on the job” in an article about the suspension of another officer. Young sued for defamation and obtained a $100,000 verdict. The Sixth Circuit affirmed. There was sufficient evidence for a jury to decide that the editor knew that the accusation was probably false and published it regardless. View "Young v. Gannett Satellite Info.Network, Inc." on Justia Law

Clark was shot and killed outside of his Detroit home. Months later, Peoples, Powell, and Harris, were arrested after leading police on a chase in a stolen Jaguar. According to the report written by an officer who witnessed the crash that ended the chase, Harris was the driver. Police found the gun used to kill Clark on the driver’s side floor of the Jaguar. Only Peoples was tried for murder. The only evidence connecting him to the crime was the gun and the testimony of Powell and Harris, that Peoples was the driver and was sitting closest to the gun, which Peoples owned, and that Peoples told them about killing Clark. Both received lower sentences on car theft charges because of their cooperation. Defense counsel did not cross-examine them on those points and did not call police officers to testify about who was driving the car. Peoples received a sentence of life imprisonment. He exhausted state remedies. The district court denied his habeas petition. The Sixth Circuit partially reversed, holding that trial counsel was constitutionally ineffective for failing to impeach the credibility of the witnesses based on known false testimony; the state court’s determination to the contrary was an objectively unreasonable application of clearly established Supreme Court precedent.View "Peoples v. Lafler" on Justia Law

The Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010, collectively, the Affordable Care Act require that most businesses employing 50 or more individuals provide female employees with health-insurance coverage that includes, at no cost to the employee, “such additional preventive care and screenings . . . as provided for in comprehensive guidelines supported by the Health Resources and Services Administration.” 42 U.S.C. 300gg-13(a)(4). Those guidelines require plans to cover “[a]ll Food and Drug Administration approved contraceptive methods, sterilization procedures, and patient education and counseling for women with reproductive capacity.” Eden Foods, Inc., and Potter sought an injunction to prevent federal agencies from enforcing that mandate against them. They contend that offering such contraceptive services to the employees of Eden Foods would substantially burden the plaintiffs’ religious beliefs and contravene protections under the Religious Freedom Restoration Act, 42 U.S.C. 2000bb–2000bb-4 (RFRA). The district court denied relief. The Sixth Circuit affirmed. A for-profit corporation is not a “person” capable of religious exercise as intended by RFRA and individual shareholders/owners of a corporation have no standing to challenge provisions of laws that the corporation must obey. View "Eden Foods, Inc v. Sebelius" on Justia Law

Under the three-strikes provision of the Prison Litigation Reform Act (PLRA), 28 U.S.C. 1915(g), the district court denied pauper status to Coleman-Bey in his civil suit under 42 U.S.C. 1983, although one of his previous dismissals was still on appeal. The Sixth Circuit affirmed. Counting a third dismissal still on appeal as a strike does not lead to the anomalous conclusion that the third dismissal was itself precluded from being appealed by the three-strikes rule. Each of the three civil cases that Coleman-Bey filed while incarcerated counts as a strike under the PLRA. View "Coleman v. Tollefson" on Justia Law

An officer found a tool bag outside the McNamara Federal Building. Thinking it was lost property, the officer stored the bag in the building for three weeks without inspecting it. Eventually, someone x-rayed of the bag and discovered objects consistent with an explosive device. The Detroit Police Bomb Squad detonated the bag, resulting in a sizable secondary explosion. The bag containing the bomb was sold exclusively at a chain hardware store that also sold the particular timer used in the device. Investigation led to identification of Mikulich, who was charged with attempting to destroy a government building by means of explosive while creating a substantial risk of injury to a person, 18 U.S.C. 844(f)(1)–(2); using and carrying a destructive device during and in relation to a crime of violence, 18 U.S.C. 924(c)(1)(A) and (c)(1)(B)(ii); and possessing an unregistered destructive device, 26 U.S.C. 5861(d). Mikulich exhibited erratic behavior during his first appearance. After he was adjudged incompetent and remanded for treatment, the government requested that he be forcibly medicated with antipsychotic drugs. The district court rejected Mikulich’s argument that the government lacked a sufficiently important interest in trying him, that he faced civil confinement in the absence of criminal sanction, and that he intended to raise an insanity defense The Sixth Circuit affirmed. Mikulich did not demonstrate that any special circumstances weaken the government’s clear interest in trying him for the serious crimes of which he is accused.View "United States v. Mikulich" on Justia Law

Nurse Turetzky and Doctor Desai opened a clinic in 1976. They fought, and sometimes the fights turned physical. In 1983, they agreed to dissolve their partnership once Desai repaid Turetzky’s investment. Weeks later, police found Turetzky dead in a parking lot, having been strangled. Gorski and Adams worked at Desai’s clinic. Gorski testified that, before the murder, Adams told him repeatedly that Desai wanted Turetzky killed. After the murder, Adams confessed to Gorski that he had killed Turetzky and that Desai wanted him to leave Michigan. State prosecutors charged Desai and Adams with first-degree murder in 1995. The month-long joint trial began in 2001. There was evidence that Desai solicited a hitman in 1982, took out insurance on Turetzky in 1983, asked whether Turetzky’s body had been found before it was discovered, drove to the crime scene that day, and gave Adams $2,000 after the murder. A jury found Desai guilty of murder; the judge imposed a life sentence. The jury failed to reach a verdict for Adams. Desai’s challenge to reliance on Adams’ confession was rejected by Michigan courts. A federal district court granted Desai’s habeas petition, but the Sixth Circuit reversed. The Confrontation Clause no longer applied to non-testimonial hearsay such as confession from Adams to Gorski. On remand, the district court granted Desai’s habeas petition based on his due process claim, after it was rejected by state courts. The Sixth Circuit again reversed. View "Desai v. Booker" on Justia Law

Youngstown Police receiced a call reporting that a man driving a black Jeep Cherokee was attempting to sell firearms at an auto parts store. The caller identified himself as a store employee and provided the vehicle’s Pennsylvania license plate number. A few hours later, officers encountered a Jeep with a license plate number matching the earlier report. Seeing it turn without signaling, they initiated a felony traffic stop, drawing their weapons, and patting down the occupants. Gray was driving. The vehicle was registered to passenger Hockenberry; neither had a valid driver’s license. There were active arrest warrants for occupant Hunt. The officers did not allow Hockenberry to call someone to retrieve the vehicle before having it towed; the officers performed an inventory search, pursuant to policy. They saw a handgun case and the barrels of long guns. The vehicle also contained tools and drug paraphernalia. An officer admitted there were items in the vehicle that were not inventoried. One week later the officer obtained a warrant and conducted another search, stating that he had received information that there might be stolen property in the vehicle. He found a crow bar and bolt cutters. After denial of a motion to suppress, Hockenberry and Gray pleaded guilty as felons in possession of firearms, 18 U.S.C. 922(g)(1). Finding that both were armed career criminals,r 18 U.S.C. 924(e), the district court sentenced Hockenberry to 204 months imprisonment and Gray to 216 months imprisonment. The Sixth Circuit affirmed the convictions, but remanded Hockenberry’s sentence. View "United States v. Gray" on Justia Law

AmEx is the world’s largest issuer of traveler’s checks, which never expire. AmEx and third-party vendors sell the checks at face value, and AmEx profits by investing the funds until the TC is redeemed. Although most are cashed within a year, AmEx uses the remaining uncashed checks for long-term, high-yield investments. Until recently, every state’s abandoned property laws presumed abandonment of uncashed traveler’s checks 15 years after issuance. This presumption requires the issuer to transfer possession of the funds to the state. In 2008 Kentucky amended KRS 393.060(2) to change thes abandonment period from to seven years. AmEx claims violation of the Due Process Clause, the Contract Clause, and the Takings Clause. Following a remand and amendment of the complaint to add a dormant Commerce Clause argument and a claim that the legislation did not apply retroactively to checks that were issued and outstanding prior to the effective date, the district court granted the state summary judgment. The Sixth Circuit affirmed, holding that the amendment applies only prospectively and does not violate the Commerce Clause. View "Am. Express Travel Related Servs. Co., Inc. v. Hollenbach" on Justia Law

Kennedy family members own a controlling interest in corporate entities that comprise Autocam. John Kennedy is Autocam’s CEO. The companies are for-profit manufacturers in the automotive and medical industries and have 661 employees in the U.S. The Kennedys are practicing Roman Catholics and profess to “believe that they are called to live out the teachings of Christ in their daily activity and witness to the truth of the Gospel,” which includes their business dealings. Regulations under the Patient Protection and Affordable Care Act of 2010 (ACA), 124 Stat. 119, require that Autocam’s health care plan cover, without cost-sharing, all FDA-approved contraceptive methods, sterilization, and patient education and counseling for enrolled female employees. Autocam and the Kennedys claim that compliance with the mandate will force them to violate their religious beliefs, in violation of the Religious Freedom Restoration Act, 42 U.S.C. 2000bb. The district court denied their motion for a preliminary injunction. The Sixth Circuit affirmed for lack of standing. Recognition of rights for corporations under the Free Speech Clause 20 years after RFRA’s enactment does not require the conclusion that Autocam is a “person” that can exercise religion for purposes of RFRA. View "Autocam Corp. v. Sebelius" on Justia Law