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

Ta’Naejah, born in 2011, was in the custody of her mother, who severely abused her, including through repeated burnings and beatings. Ta’Naejah was hospitalized and interviewed by Cuyahoga County caseworkers, but ultimately was returned to Crump’s custody. Throughout the next year, the county received further reports of abuse and interviewed Ta’Naejah several more times, but never acted to remove her from the household. The abuse eventually resulted in Ta’Naejah’s death. Her estate filed suit under 42 U.S.C. 1983, asserting claims based on Ta’Naejah’s due process rights and state-law causes of action. The district court dismissed, holding that the Constitution does not create a right to state protection from private harm.The Sixth Circuit reversed in part. While several of the federal claims are foreclosed by precedent, the plaintiffs also allege that the state affirmatively increased Ta’Naejah’s risk of harm by repeatedly interviewing her in the presence of her alleged abusers, in violation of state regulations. Those allegations plausibly allege a claim under the state-created danger doctrine. The court rejected the defendants’ motion to seal the plaintiffs’ brief, which allegedly contained confidential information obtained through discovery, which had been subject to a protective order. The defendants do not explain why the information in question should be kept from the public, other than because it is covered by the protective order. View "Lipman v. Budish" on Justia Law

International, an outdoor advertising company, sought to erect digital billboards in two separate locations within the City of Troy. International's permit and variance applications were denied. International filed suit (42 U.S.C. 1983), alleging that the ordinance granted unfettered discretion and contained unconstitutional content-based restrictions as it exempted from permit requirements certain categories of signs, such as flags and “temporary signs.” During the litigation, Troy amended the Ordinance.The Sixth Circuit remanded. The original Ordinance imposed a prior restraint because the right to display a sign that did not come within an exception as a flag or as a “temporary sign” depended on obtaining either a permit or a variance. The standards for granting a variance contained multiple vague, undefined criteria, such as “public interest,” “general purpose and intent,” “adversely affect[ing],” and “hardship.” Even meeting these criteria did not guarantee a variance; the Board retained discretion to deny it. The amendment, however, rendered the action for declaratory and injunctive relief moot. The severability of the variance provisions rendered moot its claim for damages. The court reinstated a claim that the ordinance imposed content-based restrictions without a compelling government interest for reconsideration under the correct standard. A regulation of commercial speech that is not content-neutral is still subject to strict scrutiny. View "International Outdoor, Inc. v. City of Troy" on Justia Law

Cordero and Velasquez, convicted of conspiring to commit murder for hire and conspiring to distribute one kilogram of cocaine, argued that their convictions were not supported by sufficient evidence and challenged the admission of other-acts evidence under Federal Rule of Evidence 404(b). They also raised sentencing claims.The Sixth Circuit affirmed, finding that the court did not plainly err in trying the defendants together. The record demonstrates a sufficient factual basis for their guilt on the charged offenses. The intent-to-murder, pecuniary-value, and conspiracy elements of murder for hire were met; the evidence was sufficient to convict the defendants of conspiring to distribute cocaine under 21 U.S.C. 846. The court correctly admitted the challenged bad-act evidence, as that evidence served permissible purposes under Rule 404(b) and was probative of contested issues in the case. The court accurately and succinctly conveyed the permissible purposes of Rule 404(b) evidence when it instructed the jury that it could consider evidence of defendants’ other crimes “only as it relates to the Government’s claim on Defendants’ intent, knowledge, or absence of mistake.” The court properly applied the Sentencing Guidelines to calculate Cordero’s base offense level. A limited remand is required; Velasquez, who was incorrectly sentenced as a career offender. View "United States v. Velasquez" on Justia Law

On January 18, 2019, the plaintiffs went with Covington Catholic High School classmates to Washington, D.C. to attend the March for Life. They later gathered near the Lincoln Memorial to await buses to return to Kentucky. Following interaction with other groups, Native American activist Phillips approached them, beating a drum and chanting. A video of this interaction was posted online and went viral. Some of the students were displaying the “Make America Great Again” campaign slogan; some were performing the “tomahawk” chop; one student is standing close to Phillips. The plaintiffs complained of online harassment in response to the video’s dissemination. Representative Debra Haaland, a Native American, on her official Congressional Twitter account, posted: “This Veteran [Phillips] put his life on the line for our country. The students’ display of blatant hate, disrespect, and intolerance is a signal of how common decency has decayed under this administration.” She later sent a tweet from her campaign Twitter account that linked to an interview with Phillips, in which he stated that the students were chanting “build that wall.” Senator Elizabeth Warren sent a tweet from her official Senate Twitter account, stating “Omaha elder and Vietnam War veteran Nathan Phillips endured hateful taunts with dignity and strength."The Sixth Circuit affirmed the dismissal of the suit as barred by sovereign immunity, 28 U.S.C. 2679(b)(1). Members of Congress routinely broadcast their views on current events; the statements were made within the scope of their employment. The United States was properly substituted as the defendant and the court correctly dismissed Senator Warren and Representative Haaland from the suit. That the United States has not waived its immunity to libel suits is irrelevant. Plaintiffs may pursue their claims against the remaining defendants in state court. View "Does v. Haaland" on Justia Law

In 2011, Michigan narrowed the crimes covered by the Sex Offender Registration Act (SORA) making Hart, who had been a juvenile offender, no longer a “sex offender.” Local officials required him to continue registering as one. In 2013, Hart registered an incorrect address and, in January 2014, he failed to update his address. The defendants arrested Hart each time, using warrant requests incorrectly representing that he was required to register under SORA. The first time, Hart spent the night in jail; the second time, he served 19 months in prison. When prison officials realized the mistake, they released Hart and his convictions were vacated.Hart sued (42 U.S.C. 1983) for false arrest, malicious prosecution, and defamation. The court denied motions to dismiss by employees of the city police and county sheriff’s departments, citing qualified immunity. The Sixth Circuit affirmed with respect to false arrest, malicious prosecution, and Monell claims, as well as the defamation claim against registration officials; reversed regarding the defamation claim against three officers; and remanded. Taking the facts in the light most favorable to Hart, a reasonable officer could not believe that Hart was subject to SORA’s requirements based solely on his inclusion in the database. Without additional evidence, it is impossible to determine individual culpability. View "Hart v. Hillsdale County" on Justia Law

The plaintiffs sought Social Security disability and/or supplemental security income benefits. In each case, the application was denied, and an ALJ upheld the denial. The Appeals Council denied relief. The plaintiffs sought judicial review. While the appeals were pending, the plaintiffs moved to raise an issue they had not raised during administrative hearings--a challenge to the ALJs’ appointments, citing the Supreme Court’s 2018 "Lucia" decision that SEC ALJs had not been appointed in a constitutionally legitimate manner and that remand for a de novo hearing before a different ALJ was required. The district courts agreed that the Appointments Clause challenges were forfeited and affirmed the denials of benefits.The Sixth Circuit vacated and remanded for new hearings before constitutionally appointed ALJs other than the ALJs who presided over the first hearings. There is no question that Social Security ALJs are inferior officers who were required to be, but were not, appointed consistently with the Appointments Clause. There are no statutory or regulatory exhaustion requirements governing Social Security proceedings and, while a court may still impose an implied exhaustion rule, such a requirement is inappropriate because the regulations provide no notice to claimants that their failure to raise an Appointments Clause challenge at the ALJ level will preclude them from later seeking a judicial decision on the issue. View "Flack v. Commissioner of Social Security" on Justia Law

A jury convicted Sandra, Calvin, and their son Bryan Bailey of conspiring to commit healthcare fraud and other related crimes (18 U.S.C. 371, 1343, 1347; 42 U.S.C. 1320a-7b). The three, working for medical equipment companies, used fraud, forgery, and bribery to sell power wheelchairs and other equipment that was not medically necessary. The district court sentenced Sandra to 120 months’, Calvin to 45 months, and Bryan to 84 months’ imprisonment.The Sixth Circuit affirmed the convictions and the sentence imposed on Bryan. The court rejected challenges to the sufficiency of the evidence and to various evidentiary rulings and upheld the admission of certain out of court statements made in furtherance of the conspiracy. The district court miscalculated Sandra’s Guidelines-range sentence when it erroneously imposed a two-level increase in her offense level for using “mass marketing” in her scheme and incorrectly calculated the loss amount for which Calvin was responsible—and by extension, his Guidelines-range sentence—by holding him responsible for losses beyond those he agreed to jointly undertake. View "United States v. Bailey" on Justia Law

Title IV of the Employee Retirement Income Security Act of 1974 (ERISA) creates an insurance program to protect employees’ pension benefits. The Pension Benefit Guaranty Corporation (PBGC)—a wholly-owned corporation of the U.S. government—is charged with administering the pension-insurance program. PBGC terminated the “Salaried Plan,” a defined-benefit plan sponsored by Delphi by an agreement between PBGC and Delphi pursuant to 29 U.S.C. 1342(c). Delphi had filed a voluntary Chapter 11 bankruptcy petition and had stopped making contributions to the plan. The district court rejected challenges by retirees affected by the termination.The Sixth Circuit affirmed. Subsection 1342(c) permits termination of distressed pension plans by agreement between PBGC and the plan administrator without court adjudication. Rejecting a due process argument, the court stated that the retirees have not demonstrated that they have a property interest in the full amount of their vested, but unfunded, pension benefits. PBGC’s decision to terminate the Salaried Plan was not arbitrary and capricious. View "Black v. Pension Benefit Guaranty Corp." on Justia Law

In 1998-2010, Dimora served as one of three Cuyahoga County Commissioners. An FBI investigation revealed that Dimora had received over $250,000 in gifts from individuals with business before the County, including home renovations, trips to Las Vegas, and encounters with prostitutes. Dimora had used his position to help with the awarding of County contracts, hiring, the results of at least one County election, and civil litigation outcomes. Dimora’s “influence” ranged from casting formal votes as Commissioner to pressuring other officials.Dimora was charged with Hobbs Act offenses, bribery concerning programs receiving federal funds, making false statements on tax returns, conspiracy to commit mail fraud and honest services mail fraud, conspiracy to commit bribery concerning programs receiving federal funds, conspiracy to commit wire fraud and honest services wire fraud, RICO conspiracy, mail fraud, conspiracy to obstruct justice and obstructing a federal investigation. A jury convicted Dimora on 33 counts. The Sixth Circuit upheld the jury instructions defining “official acts” as having “fairly trace[d] the line between permissible gifts and impermissible bribes.” A ruling that state ethics reports were inadmissible hearsay was harmless in light of “overwhelming evidence.”In its 2016 “McDonnell” decision, the Supreme Court gave a narrow construction to a key element included within several of Dimora’s offenses. The term “official acts” does not include “setting up a meeting, calling another public official, or hosting an event.” Official acts are limited to “formal exercise[s] of governmental power.” Dimora petitioned to vacate his convictions under 28 U.S.C. 2255. The Sixth Circuit vacated a denial of relief. The court declined to decide whether the instructional error was harmless with respect to most of the counts or whether the “cumulative effect” of instructional and evidentiary errors entitles Dimora to relief. View "Dimora v. United States" on Justia Law

Plaintiffs were employed by Just Energy, a group of affiliated energy supply companies, as door-to-door solicitors. Just Energy paid them exclusively on a commission basis. Plaintiffs signed independent contractor agreements with confidentiality, non-disparagement, non-exclusive, and non-compete clauses; used a verbatim script with customers; were typically required to attend daily meetings; and were driven to the field in teams led by supervisors. Any work breaks were controlled by supervisors. Some Plaintiffs testified they were required to work on specific days and hours. They had to adhere to a dress code, wearing a shirt that prominently displays the company’s name. Just Energy could reject any customer’s application and commissions would not be paid. Of the 3,840 Plaintiffs with compensation data available, 214 made no money; 69% of the individuals made under $1,000 in total compensation.Plaintiffs sued, alleging that Just Energy misclassified them as outside salespeople in order to qualify for an exemption from the Fair Labor Standards Act (FLSA) and the Ohio Minimum Fair Wage Standards Act (OMFWSA). The court granted conditional class certification and instructed the jury “to consider the extent to which the employee has the authority to bind the company” and whether “the employer retains and/or exercises discretion to accept or reject any transactions for reasons that are unrelated to regulatory requirements.”The jury found Just Energy liable for minimum wage and overtime pay under the FLSA and the OMFWSA. The Sixth Circuit affirmed, noting that Just Energy retained discretion to reject the sale. Plaintiffs did not benefit from minimal supervision; their jobs did not comport with the purpose of the outside sales exemption. The court upheld the admission of compensation evidence and the jury instruction. View "Hurt v. Commerce Energy, Inc." on Justia Law