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

Phillips, then 39, was arrested for driving with a suspended license. At the Lansing City Jail, Phillips said he took Lyrica to treat his epilepsy and would need another dose that night Phillips denied being under the influence of other drugs or alcohol but was sweating. Phillips was taken to his cell at 2:15 p.m. Detainees are monitored through video cameras and cell checks, which involve a “physical inspection” of the cell. Video footage shows Phillips swaying, falling, and struggling. A pool of vomit formed around Phillips’s head at 3:23 p.m. No further movement was detected after 3:46 p.m. Several cell checks were recorded but officers did not follow department policy. At 5:11 p.m., when an officer entered his cell, Phillips was unresponsive, EMS transported Phillips to a hospital where he was officially pronounced dead at 5:44 p.m., most likely of “multiple drug intoxication,” having ingested oxycodone, alprazolam, and pregabalin.The district court dismissed a suit under 42 U.S.C. 1983 that alleged deliberate indifference to Phillips’s medical needs and failure to train officers, and gross negligence under Michigan law. The Sixth Circuit affirmed in part. There was insufficient evidence from which to infer that any of the defendants subjectively perceived Phillips was suffering from a serious medical need, inferred he needed treatment, or ignored his medical needs. The court reversed as to one officer, who had the requisite state of mind for liability. View "Burwell v. City of Lansing" on Justia Law

Southard worked for Newcomb, then filed a putative class action, alleging violations of the Fair Labor Standards Act, 29 U.S.C. 201, plus state-law claims. Newcomb removed the case to federal court. Southard amended his complaint to delete the FLSA claim. Newcomb moved to dismiss Southard’s complaint or to stay the action pending arbitration. The district court concluded that the parties did not form an agreement to arbitrate under the Federal Arbitration Act, 9 U.S.C. 3-4 and denied Newcomb’s motion, then remanded Southard’s remaining state-law claims to state court.The Sixth Circuit affirmed. To invoke FAA remedies, the parties must have entered into a “written agreement for arbitration.” Courts evaluate whether an agreement qualifies as FAA arbitration based on the common features of classic arbitration: a final, binding remedy by a third party, an independent adjudicator, substantive standards, and an opportunity for each side to present its case. Southard’s application for employment states: I accept that any complaint or conflict that cannot be resolved internally may be referred to Alternative Dispute Resolution unless prohibited by law, before any other legal action is taken. The employee handbook states the employee agrees "to Alternative Dispute Resolution a forum or means for resolving disputes, as arbitration or mediation, that exists outside the state or federal judicial system, unless prohibited by law," and If there is a conflict that cannot be resolved, "both agree that the matter will be referred to mediation.”. The parties agreed to alternative dispute resolution generally, not arbitration specifically. View "Southard v. Newcomb Oil Co., LLC" on Justia Law

In 1994, Hall murdered his estranged wife by attacking her in her home, dragging her to the backyard swimming pool while at least one of her children looked on, and drowning her. A Tennessee state court jury convicted Hall of premeditated first-degree murder and sentenced him to death, finding that the murder was especially heinous, atrocious, or cruel, and involved torture or serious physical abuse beyond that necessary to cause death. State courts affirmed the conviction and sentence. Hall unsuccessfully pursued state post-conviction relief, then sought federal habeas relief.The district court denied Hall any relief. The Sixth Circuit affirmed, rejecting a “Brady” claim concerning prison records about the mental illness of a fellow inmate (Dutton) who testified against Hall. Dutton’s prison records were records of the Tennessee Department of Corrections, which was not acting under the prosecutor’s control, so the prosecutor did not know about them, actually or constructively. Brady does not impose an unlimited duty to pursue such an inquiry. Given the initial determination of competence, the opinions of mental health professionals that evaluated Hall throughout his state court proceedings, and no question of mental incompetence being raised during that time, counsel’s performance was not unreasonable in failing to establish that Hall was incompetent to stand trial. The court also rejected an ineffective assistance claim concerning evidence of Hall’s family and social history View "Hall v. Mays" on Justia Law

Trevino was the sole owner of a chain of marijuana dispensaries throughout Michigan. A federal jury convicted him of conspiracy and nine substantive marijuana offenses. The Sixth Circuit affirmed. Trevino's argued that he never should have been charged, citing a congressional appropriations rider, the Rohrabacher-Farr Amendment, or “Section 538,” that bars the Department of Justice from spending funds to “prevent” states from “implementing their own State laws” permitting medical marijuana, 128 Stat. 2130, 2217 (2014). Even construing Section 538 as broadly as Trevino suggests he is not entitled to relief because he was not in compliance with the Michigan Medical Marihuana Act.. Trevino also argued a limited exception to the general rule that ignorance or mistake of law is no excuse. The court rejected the argument, reasoning that the Controlled Substances Act, 21 U.S.C. 801, under which Trevino was convicted, is not ambiguous. The court also rejected challenges to the denial of Trevino’s counsel’s motion to withdraw, filed less than two weeks before trial; the government’s use of summary charts at trial; and to the procedural and substantive reasonableness of his sentence. View "United States v. Trevino" on Justia Law

Plaintiffs are three Ohioans who tried to get initiatives to decriminalize marijuana on local ballots. Soon after they filed their proposed initiatives for November 2020 ballots, Ohio declared a state of emergency because of COVID-19 and ordered Ohioans to stay at home. Ohio’s ballot-access laws require the submission of a petition with a minimum number of ink signatures witnessed by the petition’s circulator. Plaintiffs say the laws, as applied during the COVID-19 pandemic, made it too difficult for them to get any of their initiatives on 2020 ballots. They sought declaratory and injunctive relief but tied their requests for relief exclusively to the November 2020 election. The Sixth Circuit affirmed the dismissal of the case. The election has come and gone and, with it, the prospect that plaintiffs can get any of the relief they asked for. The case is moot. View "Thompson v. DeWine" on Justia Law

Ortiz, raised in Guatemala, suffered significant domestic abuse by her intoxicated father and later by her boyfriend, Carlos, who raped her. She became pregnant and, fearing aggravating her father’s violence, moved in with Carlos. Clinic records confirm that Carlos assaulted Ortiz during her pregnancy. Ortiz later discovered bruises on her newborn. Worried that Carlos would routinely abuse her baby, Ortiz returned to her parents. Her father had become gravely ill. She continued to fear Carlos, who had threatened to kill her if she left him. Ortiz fled to the U.S. and applied for asylum, 8 U.S.C. 1158(b)(1)(A).An IJ denied her claim, holding that she failed to show that the Guatemalan government was unable or unwilling to control her abuser. The BIA affirmed, citing a State Department report noting that Guatemala had “taken steps” to curb domestic violence. About a week after the Board's final order, the Sixth Circuit decided “Antonio.” Ortiz unsuccessfully sought reconsideration, arguing that Antonio changed the asylum law. The Sixth Circuit denied a petition for review. Antonio relied on the totality of the evidence to reject the Board’s finding; the fact-specific rationales, in that case, do not transfer to Ortiz. The police twice ignored Antonio’s request for assistance, Ortiz never asked the authorities for help View "Ortiz v. Garland" on Justia Law

Hollins-Johnson pleaded guilty to student loan fraud and theft of government funds, conspiracy to commit those crimes, making false statements to the U.S. Department of Housing and Urban Development, and witness tampering. The Sixth Circuit dismissed her appeal based on the appellate-waiver provision in Hollins-Johnson’s plea agreement, rejecting her argument that her plea agreement does not expressly cover a challenge to “the manner in which a sentence is to be served and the timing of the sentence.” Hollins-Johnson did not argue that the appellate waiver was not knowing or voluntary and the sentence imposed did not exceed the statutory maximum for any of Hollins-Johnson’s crimes. Her waiver is not ambiguous. Hollins-Johnson agreed to waive her right to challenge her sentence on any grounds so long as she was not sentenced above the statutory maximum. View "United States v. Hollins-Johnson" on Justia Law

The plaintiffs, captains in Cleveland’s Emergency Medical Service division, belong to the same union; all are black. Each fall, captains bid on their schedules for the upcoming year. The city uses a seniority-based bidding system to assign shifts. The collective bargaining agreement also allows Carlton, the EMS Commissioner, to transfer up to four captains to a different shift that conflicts with a captain’s first choice. The 2017 bidding generated a schedule in which three plaintiffs were slated to work a day shift together; only black captains would staff the shift. Carlton removed Anderson from that day shift and replaced him with a white captain to “diversify the shift[].” Informal discussions failed. Discrimination charges were filed with the Ohio Civil Rights Commission and the federal EEOC. A rebidding generated a schedule that again resulted in reassignment to “create diversity.” A local news station ran a story about the shift situation.The captains sued, bringing discrimination and retaliation claims under Title VII and Ohio law, and a section 1983 claims based on the federal constitution. The district court ultimately rejected all of the claims, reasoning the captains could not show that the shift change subjected them to a “materially adverse employment action.” The Sixth Circuit reversed in part. Shifts count as “terms” of employment under Title VII, 42 U.S.C. 2000e-2(a)(1) and the shift change is not “de minimus.” View "Threat v. City of Cleveland" on Justia Law

In 2008, another inmate, Macari, assaulted Himmelreich, who had pleaded guilty to producing child pornography, Himmelreich alleges that Macari was placed in the general population despite making comments about targeting “pedophiles.” Himmelreich filed a Tort Claim Notice with the Federal Bureau of Prisons. Himmelreich alleges that Captain Fitzgerald warned him not to complain and threatened to have him transferred. Prison officials subsequently placed Himmelreich in the special housing unit (SHU). Himmelreich claims that Fitzgerald told him it was because of the Tort Claim. Prison officials claim they placed Himmelreich in the SHU for his own protection after he complained of threats from other inmates.Himmelreich’s subsequent lawsuits alleged numerous claims against prison officials, including a “Bivens” claim for retaliation in violation of the First Amendment based on Fitzgerald’s alleged threats and statements. Fitzgerald unsuccessfully moved for summary judgment only on the ground that there is no Bivens remedy for a First Amendment retaliation claim. The Sixth Circuit dismissed Fitzgerald’s appeal for lack of jurisdiction because her appeal concerns neither a final order nor a non-final order entitled to review under the collateral order doctrine. View "Himmelreich v. Federal Bureau of Prisons" on Justia Law

Rowland brought claims arising from injuries she sustained while incarcerated. The district court entered partial summary judgment in favor of the defendants on Rowland’s 42 U.S.C. 1983 and punitive damages claims. After that judgment, by agreement of the parties, the court entered an order dismissing Rowland’s remaining state-law negligence claims without prejudice, so that Rowland could pursue an appeal on her federal claims. Civil Rule 54(b) permits a district court to enter final judgment “as to one or more, but fewer than all, claims or parties” when it determines, using a multi-factor analysis, that “there is no just reason for delay.”The Seventh Circuit concluded that it lacked jurisdiction over the appeal because the voluntary dismissal of Rowland’s remaining state-law claims did not create an appealable final order under 28 U.S.C. 1291, A litigant cannot circumvent the requirements of Rule 54(b) by the expedient of voluntarily dismissing her surviving claims in order to seek immediate appellate review of an adverse judgment on her resolved claims, with the intention of reinstating the dismissed claims should she obtain a favorable outcome on appeal. Such a dismissal does not create a final order under 28 U.S.C. 1291. View "Rowland v. Southern Health Partners, Inc" on Justia Law