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

The FDIC removed Calcutt, a bank executive and director, from his position, prohibited him from participating in the conduct of the affairs of any insured depository institution, and imposed civil money penalties. Calcutt challenged the conduct and findings in his individual proceedings and brought constitutional challenges to the appointments and removal restrictions of FDIC officials. His first hearing occurred before an FDIC ALJ in 2015. Before the ALJ released his recommended decision, the Supreme Court decided Lucia v. SEC (2018), which invalidated the appointments of similar ALJs in the Securities and Exchange Commission. The FDIC Board of Directors then appointed its ALJs anew, and in 2019 a different FDIC ALJ held another hearing in Calcutt’s matter and ultimately recommended penalties.The Sixth Circuit denied Calcutt’s petition for review, concluding that his 2019 hearing satisfied Lucia’s mandate. Even if he were to establish a constitutional violation with respect to FDIC Board of Directors and ALJs being shielded from removal by the President, he would not be entitled to relief. Any error by the ALJ in curtailing cross-examination about bias of the witnesses was harmless. Substantial evidence supports the FDIC Board’s findings regarding the elements of 12 U.S.C. 1818(e)(1). View "Calcutt v. Federal Deposit Insurance Corp." on Justia Law

Charlton-Perkins, a male research scientist, applied for a professorship at the University of Cincinnati (UC) in late 2017. He alleges that UC determined him the most qualified candidate for the position but refused to hire him on account of his gender, then canceled the job search itself, ensuring that Charlton-Perkins could never fill the position.The district court dismissed his complaint under Title IX, 20 U.S.C. 1681 and 42 U.S.C. 1983, for lack of subject-matter jurisdiction. Because nobody ever filled the canceled position, it reasoned, Charlton-Perkins’s claims never ripened into an adverse employment action, and thus he suffered no concrete injury cognizable in federal court. The Sixth Circuit reversed. Charlton-Perkins plausibly alleged a ripe employment discrimination claim, so his suit may proceed. No matter whether somebody else ever got the spot, it has always been the case that Charlton-Perkins was denied the spot. He has always had that de facto injury, no matter whether someone else got the position instead. Charlton-Perkins claims that the defendants not only failed to hire him because of his gender, but they then canceled the search itself as a pretext to conceal the discriminatory reason for the failure to hire. View "Charlton-Perkins v. University of Cincinnati" on Justia Law

Penn Line filed six proofs of claim seeking an administrative expense priority related to services provided to specific debtors in jointly administered bankruptcy cases. Debtors objected, asserting that “[t]he reclassified amounts are on account of labor and service charges listed on the claim which do not constitute a good under section 503(b)(9) and goods listed on the claim which were received outside of the proscribed 20-day receipt period under section 503(b)(9) thus not entitled to administrative priority.” The Plan Administrator responded in opposition to Penn Line’s Claims Objection Response and Administrative Expense Application. Penn Line offered no witnesses at the hearing, restating its primary argument that it was a critical vendor based on a theory of “implied assumption.” Penn Line also raised a new argument: that the work for which it filed its proofs of claim was performed post-petition.The bankruptcy court ruled that the “implied assumption” theory is not a valid basis for allowing an administrative expense claim, rejected Penn Line’s new argument that the work had been performed post-petition, and sustained the debtors’ objections. The court subsequently denied a motion for reconsideration. The Sixth Circuit Bankruptcy Appellate Panel affirmed, holding that the bankruptcy court did not abuse its discretion in denying Penn Line’s motion for reconsideration; Penn Line did not appeal the original order denying its administrative expense or the order sustaining the objection to claims. View "In re Murray Energy Holdings" on Justia Law

Plaintiffs alleged they were sexually abused by Tyler, a Kentucky probation and parole officer, 2017-2019, while Plaintiffs served sentences for state convictions. In 2018, one victim filed a sexual harassment complaint but Tyler’s supervisor, Hall, concealed the complaint. The state terminated Hall and charged Tyler with rape in the first degree, sodomy in the first degree, sexual abuse in the first degree, tampering with physical evidence, official misconduct in the first degree, and harassment.Plaintiffs brought their claims under 42 U.S.C. 1983 and the Thirteenth Amendment, arguing that Defendants directly violated their rights. to be free from involuntary sexual servitude guaranteed by the Thirteenth Amendment and violated Plaintiffs’ Thirteenth Amendment rights to be free from “unwanted sexual physical contact,” “unwanted intrusion upon Plaintiffs’ person(s) for the sexual gratification of Defendants’ employee,” “sexual physical assault,” and “unwanted sexual contact.” Because the section 1983 limitations period had expired, Plaintiffs amended their complaint and claimed that their action arose out of the Thirteenth Amendment exclusively, disclaimed their arguments against Governor Beshear, and asserted that jurisdiction was proper under 28 U.S.C. 1331. The Sixth Circuit affirmed the dismissal of the suit; the Thirteenth Amendment neither provides a cause of action for damages nor abrogates state sovereign immunity against private damages actions. The court rejected Plaintiffs’ argument that no state or federal law prohibits them from filing suit directly against the Commonwealth. View "Smith v. Commonwealth of Kentucky" on Justia Law

Tymoc died in a single-car accident. At the time of the accident, Tymoc was traveling between 80-100 miles per hour; the speed limit was 60 miles per hour speed. As Tymoc attempted to pass multiple cars, the gap between a car in the right lane and a box truck in the left lane closed. Tymoc veered to the right, causing his vehicle to drive off the road, roll down an embankment, striking multiple trees, and flip over several times.Through his employer, Tymoc was covered by Unum life insurance; the policy provided both basic life insurance coverage and an additional accidental death benefit. Unum approved a $100,000 payment of group life insurance benefits but withheld $100,000 in accidental death benefits, explaining that Tymoc’s conduct—speeding and reckless driving—caused his death, thereby triggering the policy’s crime exclusion. In a suit under the Employee Retirement Income Security Act, 29 U.S.C. 1001– 1191d, the district court entered in Fulkerson’s favor as to the accidental death benefits. The Sixth Circuit reversed. Reckless driving falls within the unambiguous plain meaning of crime. View "Fulkerson v. Unum Life Insurance Co. of America" on Justia Law

Thomas called 911, stating that he believed he was overdosing from cocaine. Law enforcement officers customarily secure suspected drug overdose scenes before paramedics enter. Officer Pinkerman knocked on the door, which burst open. Thomas ran into the lawn, disobeying officers’ commands. When Thomas fell, Pinkerman fell on top of him. Thomas actively resisted. Four officers handcuffed Thomas and signaled to paramedics to approach. Thomas was kicking and dropping his weight, so the officers laid him down and called for a hobble strap to prevent him from kicking paramedics. Officer Shaffner applied his knee to Thomas’s lower back/hip area. Stephens had his knees against Thomas’s shoulder. Thomas was kept in this position for approximately 90 seconds while waiting for a hobble strap. Officers noticed that his breathing slowed and rolled Thomas onto his side. Paramedics administered Narcan to increase his respiratory rate and deemed Thomas to be in stable, non-life-threatening condition; minutes later he went into cardiac arrest. Thomas arrived at the hospital in critical condition. A drug screen detected marijuana, cocaine, and opiates. Thomas died of “anoxic encephalopathy” resulting from cardiac arrest.Thomas’s estate alleged that his cardiac arrest was caused by “forcible restraint that precluded adequate breathing.” The Sixth Circuit affirmed the summary judgment rejection of the estate’s 42 U.S.C. 1983 claims. The estate cannot establish that Thomas had a clearly established right against the type of force that was used; the officers are entitled to qualified immunity. View "Wiley v. City of Columbus" on Justia Law

Fox and others failed to pay some of their property taxes. The counties foreclosed on and sold their properties and kept all of the sale proceeds, sometimes tens of thousands of dollars beyond the taxes due. Fox filed this class action. While Fox’s class action was pending, the Michigan Supreme Court held that the counties’ practice violated the Michigan Constitution’s Takings Clause. The Michigan legislature then began crafting a statutory process for recovering the proceeds. ARI then began contacting potential plaintiffs about pursuing relief on their behalf. Meanwhile, the district court certified Fox’s class. ARI instructed the law firm it hired to opt-out ARI-represented claimants and pursue individual relief on their behalf. Fox believed that ARI was improperly soliciting class members.The district court ordered ARI to stop contacting class members and allow 32 class members to back out of their agreements with ARI. The Sixth Circuit affirmed in part. The district court has the authority to protect the class-action process and did not abuse its discretion when it acted to protect class members from ARI’s post-certification communications. While most of the order was justified, the district court abused its discretion by allowing class members who hired ARI before the class was certified to rescind their agreements. View "Fox v. Saginaw County," on Justia Law

Universal Life Church Monastery permits anyone who feels called to become ordained as a minister—over the Internet, free of charge, in a matter of minutes. Tennessee law permits only those “regular” ministers—ministers whose ordination occurred “by a considered, deliberate, and responsible act”—“to solemnize the rite of matrimony.” Tenn. Code 36-3-301(a)(1)–(2). Since 2019, the law has explicitly clarified that “[p]ersons receiving online ordinations may not solemnize the rite.”Asserting that those restrictions violate the federal and Tennessee constitutions, ULC and its members sued several Tennessee officials, seeking an injunction and declaratory judgment. The officials claimed sovereign immunity and that the plaintiffs lacked standing to sue. The district court entered a preliminary injunction against several defendants. The Sixth Circuit reversed in part. No plaintiff has standing to seek relief against Governor Lee, Attorney General Slatery, District Attorney General Helper, or County Clerks Crowell, Anderson, and Knowles. The plaintiffs have standing to sue District Attorneys General Dunaway, Pinkston, and Jones, and County Clerk Nabors. The court noted that county clerks have no discretion to inspect officiants’ credentials or to deny licenses on that basis; state law deems issuance of the licenses a ministerial duty. View "Universal Life Church Monastery Storehouse v. Nabors" on Justia Law

After going to Helton’s home to execute a warrant for his arrest, Knox County Deputy Mullins sought a search warrant. His affidavit stated that Mullins had received complaints about Helton selling methamphetamine; that a reliable source advised that a person he was with purchased methamphetamine at the residence; and that when the officers arrived Helton had a clear baggie that appeared to hold residue. Executing the search warrant, deputies found illegal drugs, currency, and multiple firearms. Deputies then obtained a warrant and searched the home of Helton’s mother, recovering money, firearms, and drugs. Helton was charged with conspiracy to distribute methamphetamine, possession with intent to distribute methamphetamine, and being a felon in possession of firearms. The court rejected motions to suppress, upholding both warrants. At trial, Moore testified about a controlled purchase of methamphetamine from Helton. Juror 191 told the judge that she recognized Moore as someone that she would watch during her employment at a shopping center “in case she was going to steal,” but that she was not aware of Moore actually shoplifting. Over Helton’s opposition, the district court struck Juror 191 on the basis that she personally knew Moore and had twice responded “I think so” when asked if she could set aside her knowledge of Moore. The Sixth Circuit upheld Helton’s convictions and 264-month sentence. While the search warrant did not satisfy constitutional requirements, the good-faith exception to the exclusionary rule applied. View "United States v. Helton" on Justia Law

Rangers, responding to an incident at Mammoth Cave, encountered a female technician who was monitoring a cave restoration project. She explained that Zabel, a contractor, had pinned her against a wall and attempted to kiss her, grabbed her buttocks and breasts, and exposed his penis. The rangers used an elevator to enter the cave and walked 25 minutes through dark, narrow passages until they found Zabel. They recorded the ensuing encounter. The rangers introduced themselves and explained that he was “not under arrest,” was “free to go,” and that he did not have to talk to them. Zabel made several incriminating statements, including that he had grabbed the woman’s butt and showed her his penis, which “may have been a little” erect.Zabel, indicted under 18 U.S.C. 2244(b), unsuccessfully moved to suppress those statements, arguing that the rangers improperly solicited those statements during a custodial interrogation without reciting his Miranda rights. Zabel then pled guilty, The PSR sought an upward variance and an upward departure (U.S.S.G. 5K2.8) for Extreme Conduct because Zabel’s behavior was more egregious than typical abusive sexual contact. The district court recessed so that Zabel and his counsel could review recorded statements by the victim and provided Zabel an opportunity to testify. Zabel declined. The Sixth Circuit affirmed a sentence of 18 months’ imprisonment plus a life term of supervised release. The court upheld the denial of the motion to suppress and the procedural and substantive reasonableness of his custodial sentence and term of supervised release. View "United States v. Zabel" on Justia Law