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

At the Ohio State University, Dr. Strauss allegedly abused hundreds of young men under the guise of performing medical examinations, between 1978-1998. The University placed Strauss on leave in 1996, while it investigated his conduct, and ultimately declined to renew his appointments with Student Health Services and terminated his employment with the Athletics Department. It did not publicly provide reasons for these decisions. The University conducted a hearing but did not notify students or give them an opportunity to participate. Strauss remained a tenured faculty member. He retired in 1998, with emeritus status. He opened a private clinic near the University to treat “common genital/urinary problems,” advertised in the student newspaper, and continued treating students. An independent investigation commissioned by the University in 2018 and undertaken by a law firm substantiated allegations of abuse.Strauss’s victims brought Title IX suits, alleging that the University was deliberately indifferent to their heightened risk of abuse. The district court found that the plaintiffs’ claims were barred by the two-year statute of limitations. The Sixth Circuit reversed. Many plaintiffs adequately alleged that they did not know they were abused until 2018; the time of the abuse, they were young and did not know what was medically appropriate. Strauss gave pretextual, false medical explanations for the abuse. The plaintiffs did not have reason to know that others had previously complained about Strauss’s conduct. View "Moxley v. The Ohio State University" on Justia Law

Weiser, a Republican donor and chair of the Michigan Republican Party (MRP), and the MRP alleged that an interpretative statement (recall exemption) and a declaratory ruling issued by the Michigan Secretary of State in the 1980s violated the First and Fourteenth Amendments by allowing supporters of Governor Whitmer to make or receive contributions on more favorable terms than Weiser or the MRP with respect to the 2022 gubernatorial election. The Michigan Campaign Finance Act (MCFA) limits donations to candidates. The recall exceptions clarify that the general election contribution limits do not apply to contributions made to an officeholder to defend against a recall effort. During a recall effort, the officeholder’s committee may “accept contributions in excess of section [169.252’s] contribution limitations.” Contributions made during an active recall effort must be so designated and must be deposited into the committee’s account. If a recall election never materializes, the committee must divest itself of these contributions. In 2020 and 2021, apparently in response to measures to combat the spread of COVID-19, 27 recall efforts were launched by Michigan voters. Whitmer’s committee collected and subsequently disgorged leftover recall funds, refunding $250,000 to an individual donor and about $3.5 million to the Democratic Party.The district court dismissed the action for lack of standing. The Sixth Circuit affirmed. Weiser and the MRP fail to plausibly demonstrate that the recall exception prevents Weiser or the MRP from equally supporting their preferred gubernatorial candidate. View "Weiser v. Benson" on Justia Law

Officers were dispatched to the Campbells’ residence after a 9-1-1 dispatcher received two hang-up calls from the residence. Officer Fox knocked on the door. He did not announce himself as law enforcement. Through the closed door, Mark asked “you got a gun?” and later stated, “I got one too.” Fox drew his gun. Mark opened the door. Mark says he may have had a cell phone in his hand. Both officers contend they thought Mark had a gun. Video footage does not resolve the dispute. Fox fired two shots. Mark fell to the floor and kicked the door shut. He yelled to his wife to call 9-1-1 because somebody was shooting at them. Although Fox fired eight shots, no one was hit. Other officers arrived and apprehended Mark. No firearms were found in the home. Mark was charged with aggravated assault; the charges were ultimately dismissed.The Campbells sued Fox in his individual capacity under 42 U.S.C. 1983. The Sixth Circuit affirmed the denial of qualified immunity summary judgment. Fox’s actions constituted a “seizure” under the Fourth Amendment; a reasonable person would not believe that he was free to leave a house while an officer repeatedly fired at the door. Accepting the Campbells’ version of the facts, a reasonable jury could find that Fox’s use of deadly force was objectively unreasonable. View "Campbell v. Cheatham County Sheriff's Department" on Justia Law

On November 17, 1997, an Ashtabula Police dispatcher advised officers that Jones, who had outstanding felony warrants, had been spotted. Days earlier, Jones had told his cousin that he “was facing a lot of time” and “was going to shoot at the police if they ever tried to arrest him.” Officer Glover found Jones, who pulled a revolver from his pocket and fired several shots at Glover. Jones kicked Glover in the chest, then fled the scene. Officers apprehended Jones and recovered the weapon, which used hollow-point bullets. Officer Glover died the following morning.Jones was convicted of murder. During the penalty phase, Jones’s counsel presented testimony from a clinical psychologist who diagnosed Jones with Antisocial Personality Disorder and testified that Black men with this disorder (including Jones) would commit more murders—he claimed that about one in four “African-American urban males” suffered from the disorder, and the only treatment was to “throw them away, lock them up.” The jury recommended and the court imposed the death penalty. The district court denied Jones’s petition for habeas relief. The Sixth Circuit reversed. The issue of whether Jones received ineffective assistance of counsel during the penalty phase because his attorneys failed to prepare expert witnesses properly, as shown by the psychologist’s racialized testimony, was not procedurally defaulted. On de novo review of the merits, the court held trial counsel performed ineffectively and Jones is entitled to a new sentencing. View "Jones v. Bradshaw" on Justia Law

Walker Officer Dumond began pursuing Meadows after he passed Dumond on the highway while traveling nearly 90 miles per hour. During the subsequent traffic stop, which was captured on dash-camera footage, Dumond instructed Meadows to keep his hands out of his vehicle and to open the door to his vehicle. Dumond and Meadows shouted back and forth as Meadows attempted to open his door. Once Meadows exited the vehicle, Dumond grabbed Meadows and slammed him to the ground. On the ground, Dumond kneed Meadows to try and roll him over, and Officer Wietfeldt punched Meadows multiple times. Wietfeldt fractured Meadows’s wrist while handcuffing him.Meadows sued the officers and the city under 42 U.S.C. 1983. The officers appealed the denial of their summary judgment motions based on qualified immunity. The Sixth Circuit affirmed. The court stated that on interlocutory appeal, it is bound by the district court’s determination that a reasonable jury could conclude that Dumond and Wietfeldt did not perceive Meadows as refusing to comply or resisting arrest. The dash-camera footage does not “blatantly contradict” the factual issues identified by the district court. View "Meadows v. City of Walker, Michigan" on Justia Law

Corrections officer Johnson found Zakora in his bunk, dead from accidental fentanyl toxicity. Earlier, another prisoner allegedly told Johnson and/or Mobley to check on Zakora. Mobley worked the night shift before Johnson’s shift started. Both officers stated in unrebutted affidavits that they had no knowledge that Zakora possessed, ingested, or intended to ingest illegal drugs. Mobley stated that he did not speak with Zakora during his shift, and no one advised him to check on Zakora; Johnson stated he discovered Zakora only seconds after a prisoner said that Zakora was not “doing too good.” Two other prisoners in the small unit were hospitalized from drug overdoses in the days before Zakora’s death, but no immediate investigation was undertaken. After Zakora’s death, a drug-detection dog gave positive indications of contraband in the unit.Zakora’s overdose, according to his Estate’s 42 U.S.C. 1983 complaint, was the consequence of a longstanding problem of drug smuggling into Lakeland, orchestrated by an unidentified female corrections officer; an unidentified prisoner allegedly informed inspectors about the drug-smuggling ring. The estate claimed failure to protect Zakora, failure to promptly investigate other drug overdoses, and deliberate indifference to Zakora’s serious medical needs. The Sixth Circuit reversed the dismissal of the complaint, in part, The allegations state an Eighth Amendment failure-to-protect claim and a claim for supervisory liability against two defendants. The court did not consider qualified immunity. View "Estate of Zakora v. Chrisman" on Justia Law

In a parking lot, Officer Powers approached Shumate’s daughter (Amy) to question why her license plates did not match her car’s registration. Amy did not have insurance and was not allowed to drive home. After Amy called Shumate for a ride, Powers and Amy began to argue about retrieving items from the car. Shumate arrived and immediately began to argue with Powers; the two had had prior hostile interactions. About 47 seconds after Shumate arrived, Powers fired his Taser. Shumate fell backward, screaming in pain. Powers claims Powers straddled the prone Shumate, yelling “stop resisting,” though the video indicates no resistance. Powers deployed his Taser again. Powers apparently punched and kneed Shumate, again deployed the taser, and employed palm-heel, backhand, and knee strikes. Shumate was treated at a hospital and eventually pled guilty to the misdemeanor offense of being a disorderly person. Powers was disciplined for “rudeness to a citizen” (Amy).In a 42 U.S.C. 1983 civil rights action, the district court denied motions for summary judgment on immunity grounds. The Sixth Circuit affirmed in part; neither qualified nor state law immunity shields Powers from liability. The right to be free from being tased and subjected to physical force (alleged punching, knee strikes, kicking, and hitting) while not actively resisting and while being non-violent was clearly established before 2019, Powers was on “notice that his specific conduct was unlawful.” View "Shumate v. City of Adrian" on Justia Law

The Sixth Circuit affirmed the judgment of the district court granting summary judgment in favor of Defendants, two jail officers, and dismissing Plaintiff's 42 U.S.C. 1983 claims that Defendants caused his injuries, holding that Plaintiff failed to establish that either defendant violated his constitutional rights.Plaintiff was booked into Boone County Detention Center on nonviolent drug charges and was placed in a cell with Jordan Webster, a fellow detainee. Webster attacked and beat Plaintiff during the night. Plaintiff brought this action alleging that Defendants violated the Fourteenth Amendment by failing to protect him from the risk of harm posed by Webster. The district court granted summary judgment in favor of Defendants. The Sixth Circuit affirmed, holding that Plaintiff failed to establish that Defendants were deliberately indifferent to a serious risk of harm by failing to protect him from Webster. View "Stein v. Gunkel" on Justia Law

The Sixth Circuit affirmed the order of the district court denying Appellant's motion to suppress, holding that there was no violation of Defendant's Fourth Amendment rights under the circumstances of this case.Defendant entered a conditional plea to being a felon in possession of a firearm. Defendant subsequently brought this appeal challenging the district court's order denying his motion to suppress, arguing that the arresting officer lacked probable cause to initiate the traffic stop leading to the search of his car and unconstitutionally prolonged the stop. The Sixth Circuit affirmed, holding (1) there was sufficient evidence to warrant a prudent person in believing Defendant had violated 4511.431(A); and (2) the officer had probable cause to detain Defendant, investigate the source of a marijuana odor, and continue search the entire vehicle for marijuana. View "United States v. Stevenson" on Justia Law

The Sixth Circuit affirmed the judgment of the district court denying Appellant's 28 U.S.C. 2255 motion for relief from his first-degree murder conviction, holding that there was no merit to any of Appellant's claims on appeal.In his section 2255 petition, Appellant claimed that he was deprived of the effective assistance of trial counsel (IAC). The Sixth Circuit granted a certificate of appealability on Appellant's IAC claim concerning an alleged conflict of interest, a Brady claim, an IAC claim regarding the investigation at the guilt stage, and a final IAC claim regarding the presentation of mitigation evidence at the penalty phase. The district court denied the petition. The Sixth Circuit affirmed, holding that Appellant was not entitled to relief on any of his claims of error. View "Gabrion, II v. United States" on Justia Law