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

Ali Naji entered the Dearborn police station, pointed a gun at Corporal Timothy Clive, and attempted to shoot him. The gun malfunctioned, and while Naji tried to fix it, Clive shot and killed him. Hussein Naji, representing Ali Naji's estate, sued Clive and the City of Dearborn under 42 U.S.C. § 1983 for excessive force and state tort claims. The district court granted summary judgment in favor of Clive and the City on all claims.The United States District Court for the Eastern District of Michigan found that Clive's use of deadly force was objectively reasonable under the circumstances. Naji had pointed a gun at Clive and attempted to fire, posing an immediate threat. The court also noted that Clive was behind bulletproof glass and that the incident occurred in a busy police station. The court dismissed the claims against the City of Dearborn, as there was no underlying constitutional violation to support municipal liability.The United States Court of Appeals for the Sixth Circuit reviewed the case de novo and affirmed the district court's decision. The court held that Clive's actions were objectively reasonable and that he had probable cause to believe Naji posed an immediate threat. The court also rejected the argument that Naji's mental illness should have altered the assessment of the threat. Additionally, the court found that Clive was entitled to qualified immunity and that the City of Dearborn could not be held liable without an underlying constitutional violation.The court also addressed the state law claims, finding that Clive acted in good faith and was immune from assault and battery claims under Michigan law. The court dismissed the gross negligence claim, noting that it was essentially an excessive force claim in disguise and that Naji's representative failed to establish a legal duty for Clive to follow internal departmental policies. The court affirmed the district court's grant of summary judgment in favor of Clive and the City of Dearborn. View "Naji v. City of Dearborn, Michigan" on Justia Law

Wade Jones was incarcerated at the Kent County Correctional Facility for five days in April 2018. During his incarceration, he experienced severe alcohol withdrawal symptoms. Despite being placed on an alcohol-withdrawal protocol, Jones did not receive timely or adequate medical care. On April 27, 2018, Jones went into cardiac arrest and was later transferred to a hospital, where he died a week later. His estate sued Kent County and several nurses, alleging deliberate indifference to his medical needs.The United States District Court for the Western District of Michigan held a trial where a jury found that nurses Melissa Furnace, Chad Goetterman, and James Mollo were deliberately indifferent to Jones’s medical condition, which was a proximate cause of his death. The jury awarded Jones’s estate $6.4 million in compensatory damages. The defendants moved for judgment as a matter of law or a new trial, arguing that the jury’s verdict was inconsistent, that no reasonable jury could find proximate cause, that the estate’s counsel engaged in misconduct, and that a juror’s failure to disclose his criminal history warranted a new trial. The district court denied these motions.The United States Court of Appeals for the Sixth Circuit reviewed the case and affirmed the district court’s judgment. The court held that the defendants had forfeited their inconsistent-verdict argument by not objecting before the jury was discharged. It also found sufficient evidence to support the jury’s finding of proximate cause, noting that the jury could reasonably conclude that the nurses’ failure to provide timely medical care significantly decreased Jones’s likelihood of survival. The court further held that the estate’s counsel’s emotional display during trial did not constitute contumacious conduct warranting a new trial. Lastly, the court found no basis for a new trial due to juror misconduct, as the juror was never directly asked about his own criminal history during voir dire. View "Jones v. Kent County" on Justia Law

In January 2019, Ashley Franklin, an inmate at the Franklin County Regional Jail, was transported to a hospital by Jail Sergeant Brandon Price due to illness. During the transport, Price sexually assaulted Franklin. Franklin filed a lawsuit against Price, Franklin County, and two other Jail employees, asserting constitutional claims under 42 U.S.C. § 1983 and related state law claims. She alleged that Price and his superior, Captain Wes Culbertson, were deliberately indifferent to her safety and that Franklin County had inadequate policies and training to prevent such assaults.The United States District Court for the Eastern District of Kentucky granted Franklin’s motion for summary judgment on her Eighth Amendment claim against Price but denied her other claims. The court granted summary judgment in favor of the other defendants, finding no evidence that Culbertson or Franklin County were deliberately indifferent or that the County’s policies were inadequate. The court also found that the County’s previous incidents of misconduct did not establish a pattern of unconstitutional behavior. Franklin’s negligence claims against Culbertson and Jailer Rick Rogers were dismissed, with the court ruling that they were entitled to qualified immunity under Kentucky law.The United States Court of Appeals for the Sixth Circuit reviewed the case and affirmed the district court’s judgment. The appellate court held that Franklin County was not liable under § 1983 because Franklin failed to show a direct causal link between the County’s policies and her assault. The court also found that Culbertson and Rogers were entitled to qualified immunity, as their actions were discretionary and performed in good faith. Franklin’s claims of gross negligence were deemed forfeited due to lack of development in her arguments. The court concluded that Franklin had not established that the County’s policies or training were constitutionally inadequate or that there was a pattern of similar constitutional violations. View "Franklin v. Franklin County" on Justia Law

The case revolves around a dispute between Diamond Transportation Logistics (Diamond) and The Kroger Company (Kroger). In 2010, the two companies entered into a transportation agreement, which was renewed in 2016, for Diamond to transport Kroger's goods. The agreement included an indemnity provision, which allowed Kroger to withhold payments from Diamond for claims against Diamond under certain conditions. In December 2015, a subcontractor of Diamond was involved in a fatal accident while transporting Kroger's goods. The family of the deceased sued both Diamond and Kroger for wrongful death, alleging negligence in Kroger's selection, hiring, and retention of Diamond as a shipper. Kroger demanded Diamond to cover its legal expenses based on the indemnity provision in their agreement. However, Diamond failed to reimburse Kroger, leading Kroger to withhold nearly $1.8 million in shipping payments from Diamond.The case was first heard in the United States District Court for the Southern District of Ohio, where Kroger filed a counterclaim for breach of the transportation agreement's indemnity provision. The district court ruled in favor of Kroger, awarding it $612,429.45 plus interest. Diamond appealed this decision to the United States Court of Appeals for the Sixth Circuit.The Sixth Circuit Court of Appeals affirmed the district court's decision. The main issue was whether the indemnity provision's exception for "liability...caused by the sole negligence or willful misconduct of Kroger" relieved Diamond of its obligation. The court held that the exception did not apply in this case because Kroger's liability for the family's negligent selection, hiring, and retention claim was not caused by its "sole negligence." The court reasoned that Diamond's negligence also played a part in Kroger's liability, and therefore, Diamond was required to cover Kroger's costs in settling the family's claim. View "Diamond Transp. Logistics, Inc. v. Kroger Co." on Justia Law

A medical malpractice lawsuit was filed by Dwan and Aaron Bray, individually and on behalf of their minor child, against Dr. Timothy J. Thress and various other medical entities. The suit, which was initially filed in state court, related to alleged negligence in Dwan Bray's prenatal care and the subsequent birth of their child. However, Thress was employed by a federally funded health center during his treatment of Bray. Under the Federally Supported Health Centers Assistance Act (FSHCAA), the lawsuit was removed to federal court and the United States was substituted as the defendant.The U.S. government moved to dismiss the case, arguing that the plaintiffs failed to satisfy the Federal Tort Claims Act’s (FTCA) administrative exhaustion requirement. The plaintiffs countered by moving to remand the action to state court, arguing that the FSHCAA did not apply. The district court denied both of plaintiffs’ motions, finding the FSHCAA applicable and any attempt to amend plaintiffs’ complaint futile. The district court dismissed plaintiffs’ FTCA claim without prejudice and remanded plaintiffs’ claims against the remaining defendants to state court. The plaintiffs appealed the district court’s denial of their motion to remand and its dismissal of their FTCA claim.The U.S. Court of Appeals for the Sixth Circuit affirmed the district court's decisions. It held that Thress's conduct was covered by the FSHCAA, and that the plaintiffs' attempts to amend their complaint were futile since they had failed to exhaust their administrative remedies under the FTCA before instituting the lawsuit. View "Bray v. Bon Secours Mercy Health, Inc." on Justia Law

The United States Court of Appeals considered an indemnification case between Nissan, an automobile manufacturer, and Continental, a brake parts supplier. Nissan sought indemnification from Continental for a $24 million jury award and $6 million in attorney fees and costs resulting from a products liability lawsuit in California. The lawsuit arose after an accident involving a Nissan vehicle, with the jury finding that the design of the vehicle’s braking system caused harm to the plaintiffs. Nissan argued that a provision in their contract with Continental obligated Continental to indemnify them for the jury award and litigation costs. Both the district court and the Court of Appeals disagreed, holding that the contract required Nissan to show that a defect in a Continental-supplied part caused the injury, which Nissan failed to do. The Appeals Court affirmed the district court's decision to grant summary judgment in favor of Continental. View "Nissan North America, Inc. v. Continental Automotive Systems, Inc." on Justia Law

In August 2020, a joint federal task force between the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Cincinnati Police Department (CPD) attempted to arrest Mason Meyer. While fleeing from CPD officers, Meyer crashed into a restaurant, killing Gayle and Raymond Laible and severely injuring Steven and Maribeth Klein. The Laibles’ estate and the Kleins filed a lawsuit alleging that three CPD officers were negligent in their execution of the high-speed car chase. The officers claimed they were federal employees and therefore immune from common-law tort actions due to their participation in the federal task force. The United States Court of Appeals for the Sixth Circuit held that CPD Sergeant Donald Scalf was a federal employee acting within the scope of his employment during the chase and therefore immune under the Westfall Act. However, it affirmed the district court's denial of immunity for Sergeant Timothy Lanter and Officer Brett Thomas, as they were not federal employees at the time of the incident. View "Laible v. Lanter" on Justia Law

The U.S. Court of Appeals for the Sixth Circuit affirmed a district court decision in a medical malpractice case where the plaintiff's mother died in a nursing home. The plaintiff, Chappelle Gales, alleged that her mother died due to inadequate care provided by the nursing home, and she sought to support her claim with expert testimony. However, the district court excluded the testimony of the plaintiff's expert witness, Dr. Edwin Polverino, due to his unfamiliarity with local medical standards in Memphis, Tennessee where the nursing home is located. The district court subsequently granted summary judgment in favor of the nursing home, Allenbrooke Nursing and Rehabilitation Center, on the basis that without expert testimony, the plaintiff could not establish the essential elements of a state law medical malpractice claim.The Court of Appeals held that the district court did not abuse its discretion in excluding the expert's testimony. According to Tennessee's Healthcare Liability Act, for a medical malpractice action, the plaintiff must establish the "recognized standard of acceptable professional practice" in the community where the defendant practices or in a similar community. However, the plaintiff's expert witness, who practiced in Virginia, admitted that he had not looked into the standard of care in Memphis. The court held that a national standard of care could not be substituted for a local standard of care under Tennessee law. The court further held that the plaintiff had failed to establish that the expert was familiar with the standard of care in a community similar to Memphis. As a result, without admissible medical expert testimony regarding the recognized standard of professional care in Memphis or a similar community, the nursing home was entitled to summary judgment. View "Gales v. Allenbrooke Nursing and Rehabilitation Center, LLC" on Justia Law

Hardwick alleged that his bloodstream contains trace quantities of five chemicals (PFAS)—which are part of a family of thousands of chemicals used in medical devices, automotive interiors, waterproof clothing, food packaging, firefighting foam, non-stick cookware, ski and car waxes, batteries, semiconductors, aviation and aerospace construction, paints and varnishes, and building materials. Hardwick, who was exposed to firefighting foam, does not know what companies manufactured the particular chemicals in his bloodstream; nor does he know whether those chemicals might someday make him sick. Of the thousands of companies that have manufactured PFAS since the 1950s, Hardwick sued 10 defendants and sought to represent a class comprising nearly every person “residing in the United States.” The district court certified a class comprising every person residing in Ohio with trace amounts of certain PFAS in their blood.The Sixth Circuit remanded with instructions to dismiss the case. Even at the pleadings stage, the factual allegations, taken as true, “must be enough to raise a right to relief above the speculative level.” The element of traceability requires a showing that the plaintiff’s “injury was likely caused by the defendant.” The district court treated the defendants as a collective, but “standing is not dispensed in gross.” Even if Hardwick met the actual-injury requirement he must tie his injury to each defendant.” Hardwick’s conclusory allegations do not support a plausible inference that any of the defendants bear responsibility for the PFAS in Hardwick’s blood. View "Hardwick v. 3M Co." on Justia Law

In April 2015, federal agent Quinn shot and killed Kellom while trying to arrest him. Kellom’s estate sued Quinn under the Federal Tort Claims Act with a “Bivens” excessive-force claim. The government replaced Quinn as the defendant in the tort claims. The estate then filed an unsuccessful claim with Quinn’s employer, DHS. The FTCA requires plaintiffs to seek relief “first” from the federal agency within two years: the government notified the estate that it needed to bring a new lawsuit for its FTCA claims. Instead, in May 2018, the estate amended its complaint, asserting the same claims. The district court treated the FTCA exhaustion requirement as jurisdictional and dismissed the FTCA claims. The Bivens claim proceeded. A jury ruled in Quinn’s favor. Meanwhile, Kellom’s family members brought FTCA claims by joining the estate’s amended complaint, which was filed in May 2018. The family had not sought relief from DHS, so the district court dismissed those claims. In October 2018, the family filed a claim with DHS. DHS denied the claim. Rather than rejoin the estate’s lawsuit, the family filed a new one. The district court dismissed the family’s claims as untimely.The Sixth Circuit affirmed. The government did not waive or forfeit its exhaustion defense in the estate’s case by failing to oppose a motion to amend. The estate did not cure its failure to exhaust by filing an amended complaint. The family’s claims were untimely. View "Kellom v. Quinn" on Justia Law