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

In 1984, Richard Wershe, Jr., at fourteen, was recruited by the FBI as a drug informant. Over the next few years, he was involved in dangerous drug operations under the direction of federal and state officers. In 1987, Wershe was arrested and convicted of possessing a large quantity of cocaine, receiving a life sentence without parole, which was later amended to allow parole eligibility. While incarcerated, he cooperated with law enforcement in various investigations, including "Operation Backbone" and a grand jury against the "Best Friends" gang, based on promises of assistance with his parole. Despite his cooperation, Wershe was denied parole in 2003 and was only released in 2017, subsequently serving time in Florida for an unrelated charge until his release in 2020.Wershe filed two lawsuits: one in July 2021 against the City of Detroit and various federal and state officials under 42 U.S.C. § 1983 and Bivens, and another in October 2022 against the United States under the Federal Tort Claims Act (FTCA). He alleged constitutional violations and tort claims related to his time as a juvenile informant and subsequent parole denial. The United States District Court for the Eastern District of Michigan dismissed both lawsuits with prejudice, ruling that Wershe’s claims were time-barred and not subject to equitable tolling.The United States Court of Appeals for the Sixth Circuit reviewed the case and affirmed the district court's dismissal. The court held that Wershe’s claims were indeed time-barred under the applicable statutes of limitations and that he was not entitled to equitable tolling. The court found that Wershe had constructive knowledge of the filing deadlines, did not diligently pursue his claims, and that the defendants would be prejudiced by the delay. Additionally, the court ruled that the district court did not err in dismissing the complaints with prejudice or in its handling of materials outside the pleadings. View "Wershe v. City of Detroit" on Justia Law

Yanjun Xu, a Chinese citizen and member of China’s Ministry of State Security, was convicted of conspiracy to commit economic espionage and conspiracy to steal trade secrets from multiple aviation companies over a five-year period. Xu was also convicted of attempted economic espionage by theft or fraud and attempted theft of composite fan-blade technology from GE Aviation. He was sentenced to a combined 240 months’ imprisonment. Xu appealed, seeking to vacate the judgment and remand for a new trial, arguing that the district court erred in failing to dismiss Counts 1 and 2 as duplicitous and abused its discretion in admitting expert testimony in violation of Federal Rule of Evidence 704(b). Alternatively, Xu sought to have his sentence vacated, arguing it was both procedurally and substantively unreasonable.The United States District Court for the Southern District of Ohio denied Xu’s motion to dismiss the indictment, finding that the conspiracy counts were not duplicitous as they alleged a single overarching conspiracy. The court also admitted expert testimony from James Olson, a retired CIA officer, who testified about espionage techniques and tradecraft, which Xu argued violated Rule 704(b). The court overruled Xu’s objections, finding that Olson’s testimony did not directly opine on Xu’s intent but rather described common practices in espionage.The United States Court of Appeals for the Sixth Circuit affirmed the district court’s judgment. The appellate court held that the indictment was not duplicitous as it charged a single conspiracy with multiple overt acts. The court also found that Olson’s testimony did not violate Rule 704(b) and that any potential error was cured by the district court’s limiting instructions to the jury. Additionally, the appellate court found Xu’s sentence to be procedurally and substantively reasonable, noting that the district court properly calculated the intended loss and considered the § 3553(a) factors. The court concluded that Xu’s sentence was within the Guidelines range and not disparate compared to similarly situated defendants. View "United States v. Yanjun Xu" on Justia Law

Jane Doe, a student in a dual enrollment program with the University of Kentucky, reported being raped by John Doe (JD) in her dorm room. The University held four student conduct hearings. The first three hearings resulted in JD's expulsion or suspension, but each decision was overturned by the University’s appeals board due to procedural errors. After the third reversal, Doe filed a Title IX lawsuit against the University. In the fourth hearing, the panel ruled against her, and Doe claimed the University mishandled this hearing in retaliation for her lawsuit.The United States District Court for the Eastern District of Kentucky granted summary judgment in favor of the University, concluding that Doe could not establish a prima facie case of retaliation under Title IX. The court found that Doe was no longer a student at the time of the fourth hearing and thus could not claim adverse school-related actions. It also limited its analysis to the allegations in Doe’s complaint, excluding additional evidence presented in opposition to summary judgment.The United States Court of Appeals for the Sixth Circuit reversed and remanded the case. The court held that Doe could suffer adverse school-related actions even if she was not a current student and that the University’s disciplinary proceedings are educational programs under Title IX. The court found that the University’s delays, procedural errors, and failure to adequately prosecute JD could dissuade a reasonable person from pursuing a Title IX claim. The court also held that Doe presented sufficient evidence to establish a causal connection between her lawsuit and the adverse actions. The case was remanded for further proceedings consistent with this opinion. View "Doe v. University of Kentucky" on Justia Law

Leon Hensley, a high school nurse, was found to have surreptitiously recorded minors using the bathroom. An investigation revealed that he had hidden a camera in the nurse’s office bathroom stall, capturing videos of 57 students. Additionally, officers found multiple "upskirt" recordings and photos from inside a tanning bed. Hensley was indicted on 25 counts of production and attempted production of child pornography and pleaded guilty to all counts.The United States District Court for the Middle District of Tennessee sentenced Hensley to 293 months of confinement. During sentencing, the probation office recommended a five-level adjustment to Hensley’s offense level under U.S.S.G. § 3D1.4 for multiple counts of similar severity and another five points under § 4B1.5(b)(1) for engaging in a pattern of prohibited sexual conduct. Hensley objected, arguing that this constituted impermissible double counting. The district court disagreed and sentenced him within the adjusted range, acknowledging its discretion but choosing to consider the higher guideline recommendation to avoid unwarranted sentencing disparities.The United States Court of Appeals for the Sixth Circuit reviewed the case. The court held that the district court did not err in its application of the sentencing guidelines. It found that the text of § 4B1.5(b)(1) explicitly allows for its application in addition to other provisions, thus permitting what Hensley termed "double counting." The appellate court also determined that the district court understood its discretion to deviate from the guidelines, as evidenced by its detailed explanation and decision to use a hypothetical lower range while still considering the higher guideline recommendation. Consequently, the Sixth Circuit affirmed the district court’s judgment. View "U.S. v. Hensley" on Justia Law

In late 2019, Verizon Wireless identified a coverage gap in Berlin Township, Ohio, and partnered with TowerCo to construct a cell tower to address this issue. TowerCo secured a lease with the local school district to build the tower on school property. Initially, TowerCo notified local residents as required by zoning regulations but later claimed immunity from these regulations under Ohio's "Brownfield immunity" doctrine, arguing that the project served a public purpose. Despite this claim, the Township insisted on compliance with local zoning laws, leading to a dispute.The Township filed a complaint in the Delaware County Common Pleas Court seeking a declaratory judgment and an injunction to halt the tower's construction. TowerCo counterclaimed under the Telecommunications Act (TCA) and removed the case to federal court. After negotiations failed, TowerCo filed a separate federal lawsuit asserting TCA violations and sought a preliminary injunction to continue construction. The district court granted the preliminary injunction, finding that the Township's actions likely violated the TCA by effectively prohibiting wireless services.The United States Court of Appeals for the Sixth Circuit reviewed the case and reversed the district court's order. The appellate court held that the Township's filing of a state court lawsuit did not constitute a "final action" under the TCA, which is necessary to trigger the Act's remedies. Additionally, TowerCo failed to file its federal TCA claims within the 30-day statutory deadline after the Township's state court filing. The court concluded that TowerCo's claims were not ripe and were time-barred, and thus, TowerCo could not show a likelihood of success on the merits. Consequently, the preliminary injunction was reversed, and the case was remanded for further proceedings. View "TowerCo 2013, LLC v. Berlin Township Board of Trustees" on Justia Law

Nathaniel Jackson was convicted of a capital offense and sentenced to death. His sentencing was marred by judicial bias and misconduct, including ex parte communications between the judge and prosecutor and the prosecutor ghostwriting the judge’s sentencing opinion. When this misconduct was revealed, the Ohio appellate courts ordered new sentencing proceedings. However, the trial judge denied Jackson’s motion to present additional mitigating evidence and resentenced him based on the old record, issuing a nearly identical opinion to the original one.The Ohio appellate courts affirmed Jackson’s sentence despite the trial judge’s misconduct. Jackson then filed a habeas corpus petition in federal district court. The district court granted the petition on the grounds that Jackson was unconstitutionally denied the opportunity to present mitigating evidence but denied his other claims, including judicial bias.The United States Court of Appeals for the Sixth Circuit reviewed the case. The court held that Ohio’s standard for assessing judicial bias was contrary to clearly established federal law. On de novo review, the court found that the trial judge was unconstitutionally biased. The court also held that the exclusion of mitigating evidence at Jackson’s resentencing violated the Eighth Amendment, as capital defendants have the right to present all relevant mitigating evidence. Consequently, the court affirmed the district court’s issuance of a writ of habeas corpus on the mitigating-evidence claim, reversed the denial on the judicial-bias claim, and remanded for further proceedings. View "Jackson v. Cool" on Justia Law

An affiliate of Cambrian Holding Company held a lease to mine coal on land owned by Hazard Coal Corporation. During Cambrian's bankruptcy, it proposed selling its lease interest to American Resources Corporation, which falsely warranted it could obtain a mining permit. The bankruptcy court approved the lease assignment based on this false understanding. Hazard Coal later discovered American Resources could not lawfully mine coal and repeatedly tried to unwind the assignment, but the bankruptcy court rejected these attempts.The United States Bankruptcy Court for the Eastern District of Kentucky initially approved the sale of Cambrian's lease interest to American Resources. Hazard Coal did not object before the sale but later moved to reconsider the sale order, citing American Resources' permit-blocked status. The bankruptcy court denied this motion, stating Hazard Coal could have raised its objections earlier. Hazard Coal did not appeal this decision. Subsequently, Hazard Coal moved to compel American Resources to restore power to the mine or rescind the assignment, but the court again denied the motion, reiterating that Hazard Coal had forfeited its objections by not acting timely.The United States Court of Appeals for the Sixth Circuit reviewed the case. Hazard Coal appealed the bankruptcy court's declaration that Cambrian had validly assigned the lease to American Resources. The Sixth Circuit affirmed the bankruptcy court's decision, finding no abuse of discretion. The court held that the bankruptcy court reasonably interpreted its prior orders as barring Hazard Coal's challenge to the lease assignment due to its failure to timely assert its rights. The court emphasized that Hazard Coal's objections were forfeited because they were not raised in a timely manner. View "In re Cambrian Holding Co., Inc." on Justia Law

David Howard, a former coal miner, worked from 1978 to 1997, with his last employer being Apogee Coal Company, which was self-insured by Arch Resources at the time. Howard filed a claim for benefits under the Black Lung Benefits Act (BLBA) in 2014. Initially, the District Director identified Patriot Coal Company as the liable insurer, but after Patriot's bankruptcy, the Department of Labor (DOL) issued a bulletin directing that Arch Resources be notified as the liable insurer. Arch contested this designation but failed to submit evidence within the required timeframe.The District Director issued a Proposed Decision and Order (PDO) naming Arch as the liable insurer. Arch's subsequent motions for discovery and to hold the case in abeyance were denied by the Administrative Law Judge (ALJ). Arch then appealed to the Benefits Review Board, which affirmed the ALJ's decision. Arch petitioned the United States Court of Appeals for the Sixth Circuit for review, arguing that the DOL's bulletin was a new rule requiring notice and comment, and that the evidentiary procedures violated the Administrative Procedure Act (APA).The Sixth Circuit denied Arch's petition for review and its motion to supplement the administrative record. The court held that the BLBA regulations, which require evidence to be submitted to the District Director within 90 days, were consistent with the APA and did not violate due process. The court also found that the DOL's bulletin did not constitute a new rule requiring notice and comment, as it merely provided guidance and did not alter any rights or obligations. The court concluded that Arch had received adequate notice and an opportunity to defend against its designation as the liable insurer. View "Apogee Coal Co. v. Office of Workers' Compensation Programs" on Justia Law

Dominique Ramsey and Travis Sammons were incarcerated for over five years for the murder of Humberto Casas. Their convictions were overturned by Michigan appellate courts due to an improper identification, leading to the dismissal of the case and their release. Ramsey and Sammons then sued David Rivard, a Michigan State Police sergeant, under federal and state law for malicious prosecution, fabrication of evidence, and unduly suggestive identification. The district court denied Rivard’s motion for summary judgment, rejecting his claims of absolute and qualified immunity for the federal claims and governmental immunity for the state law claim. Rivard appealed.The United States District Court for the Eastern District of Michigan denied Rivard’s motion for summary judgment, finding that he was not entitled to absolute or qualified immunity for the federal claims nor to governmental immunity for the state law claim. The court determined that there were genuine disputes of material fact regarding Rivard’s conduct and the reliability of the identification procedure he oversaw. Rivard then appealed to the United States Court of Appeals for the Sixth Circuit.The United States Court of Appeals for the Sixth Circuit dismissed Rivard’s appeal regarding the denial of qualified immunity for the federal malicious prosecution and fabrication of evidence claims due to lack of appellate jurisdiction. The court affirmed the district court’s denial of summary judgment on the remaining claims. The court held that Rivard was not entitled to absolute immunity for his pretrial conduct and that there were genuine disputes of material fact regarding his good faith, precluding summary judgment on the state law malicious prosecution claim. The court also found that a jury could determine the show-up identification was unduly suggestive and unreliable, thus violating clearly established law. View "Ramsey v. Rivard" on Justia Law

In January 2019, Detective Lori Russ searched Connie Reguli’s private Facebook records, allegedly due to Russ’s dislike of Reguli’s criticism of the police. Reguli discovered the search a year later while preparing for her criminal trial but did not sue at that time. In July 2022, during her sentencing, Russ seemed to admit that Reguli’s speech motivated the search. Reguli then filed a First Amendment retaliation claim against Russ and her employer in November 2022 under 42 U.S.C. § 1983.The United States District Court for the Middle District of Tennessee dismissed Reguli’s claim as untimely, reasoning that the claim accrued when Reguli learned of the search in January 2020, not when she learned of Russ’s motivation in July 2022. The court applied Tennessee’s one-year statute of limitations for § 1983 claims, concluding that Reguli’s lawsuit was filed too late.The United States Court of Appeals for the Sixth Circuit reviewed the case and affirmed the district court’s decision. The court held that Reguli’s First Amendment retaliation claim accrued when she discovered the search in January 2020, as she knew of the injury and its cause at that time. The court rejected Reguli’s argument that the claim accrued only when she learned of Russ’s retaliatory motive, stating that the statute of limitations begins when the plaintiff knows or should know of the injury, not necessarily the motive behind it. The court also noted that Reguli did not renew her tolling argument on appeal, thus forfeiting it. View "Reguli v. Russ" on Justia Law