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

In 2021, Tennessee enacted a statute that vaccination, masking, and quarantine decisions: “A local health entity or official, mayor, governmental entity, or school does not have the authority to quarantine a person or private business for purposes of COVID-19,” and “a school or a governing body of a school shall not require a person to wear a face mask while on school property” unless various conditions are met. Before seeking accommodation under its terms, eight minor students with disabilities filed suit, alleging that the legislation violated the Americans with Disabilities Act (ADA), 42 U.S.C. 12101m Section 504 of the Rehabilitation Act, 29 U.S.C. 794, the Equal Protection Clause, and the Supremacy Clause. The district court granted a preliminary injunction with respect to sections of the Act concerning face coverings for schools and provisions that prohibit local health officials and schools from making quarantining decisions as they relate to public schools.While acknowledging that the case is moot, the Sixth Circuit dismissed it for lack of jurisdiction. The plaintiffs’ argument that they are injured because the Act categorically violates the ADA amounts to an overly generalized grievance. They do not seek redress for a completed violation of a legal right; they seek only prospective relief to protect against future violations. Their injuries are not fairly traceable to any defendant, so no remedy applicable to those defendants (be it an injunction or a declaration) would redress the alleged injuries. View "R. K. v. Lee" on Justia Law

Police stopped Jones for a traffic violation. Ignoring demands that he step out of the car, Jones sped off, crashed the car, and ran until he was arrested. Police seized an AR-15 and a handgun from the car. Without a plea agreement, Jones pled guilty as a felon in possession of a firearm, 18 U.S.C. 922(g)(1). The court informed Jones of the maximum statutory penalties. Jones claimed he “thought [his] guideline was something different.” The government claimed the Guidelines called for 21-27 months’ imprisonment. Jones’s lawyer argued the range was 12-18 months. Jones was unaware that the court was not bound by those calculations. The court stated that it would use the PSR at sentencing. The PSR recommended 46-57 months’ imprisonment, Jones claimed that if he had known the court could sentence him to more time than the government originally requested, he would have fought the charge or taken a plea deal. The court informed Jones that he could move to withdraw his guilty plea but warned that if it denied the motion, Jones would lose credit for accepting responsibility. The prosecution then asked for a 57-month sentence. Jones went through with his guilty plea. The court sentenced him to 57 months. The Sixth Circuit vacated; the district court did not ensure that the plea was knowing and voluntary. View "United States v. Jones" on Justia Law

Yousif, a citizen of Iraq, came to the U.S. in 2000 as a refugee. He became a lawful permanent resident. In 2010, he was convicted of conspiracy to distribute 100 kilograms or more of marijuana. In removal proceedings, Yousif applied for withholding of removal under the Convention Against Torture and under the Immigration and Nationality Act, or deferral of removal. He argued that if he returned to Iraq, he would be persecuted because of his religion. Yousif did not appeal a 2011 removal order. In 2017, he moved to reopen his application based on changed conditions in Iraq, alleging he would face torture because of “his Christian religion, long residence in the U.S. [and] . . . his ethnicity.” At Yousif’s hearing, Yousif testified, stating that he feared “all Muslims.” The IJ found the government’s evidence “more persuasive,” and rejected Yousif’s claims.The BIA affirmed, finding that the IJ correctly applied the aggregate approach in assessing the probability of torture and that the evidence did not establish that Yousif would “be singled out for torture.” The Sixth Circuit denied a petition for review. Substantial evidence supports the BIA’s denial of his application, and the BIA acted within its discretion in denying Yousif’s motion to remand. View "Yousif v. Garland" on Justia Law

In 2013, Render started as a line worker at FCA. FCA terminated his employment in 2015, for attendance infractions. Render filed a union grievance and FCA conditionally reinstated him in April 2017, with a one-year probationary period. Under his Conditional Reinstatement Letter, FCA could terminate him if he incurred two unexcused tardies or one unexcused absence during that year. About six months after his reinstatement, Render applied for intermittent leave under the Family Medical Leave Act (FMLA), 29 U.S.C. 2601, to manage his major recurrent depression and anxiety disorder. The letters conditionally approving the leave gave Render conflicting instructions about how to call in to use his FMLA leave days. Render believed that he had to call a 1-800 number and report his absence. He “didn’t realize there was a second number.”Render’s subsequent attempts to call in and use his FMLA leave did not satisfy his supervisors. He was terminated for violating his Reinstatement Letter by incurring three tardies and two absences. The Sixth Circuit reversed the dismissal of Render’s FMLA interference and retaliation claims. Render’s notice to FCA met FMLA requirements. Render established a prima facie retaliation claim. . Render raised sufficient facts showing that FCA’s nondiscriminatory reason for his termination (noncompliance with FCA’s policies) was pretextual. View "Render v. FCA US, LLC" on Justia Law

In 2019, Tennessee imposed new requirements for conducting voter-registration activities. The law required individuals to register with the state; complete state-administered “training”; file a “sworn statement” agreeing to obey Tennessee’s voter-registration laws; and return “completed” voter-registration forms within 10 days. Plaintiffs argued that the law significantly burdened their rights of speech and association, in violation of the First Amendment, and was unconstitutionally vague. The court stated that the defendants had offered “little, if any, evidence” in support of the Act’s requirements, “despite having had an opportunity” and held that the plaintiffs were likely to prevail on the merits, further noting “the vagueness about the scope and nature" of the Act. The court “ordered” the defendants “not to take any steps to implement” or otherwise enforce the challenged provisions. The defendants did not appeal. Seven months later, the state repealed the provisions.The district court approved a stipulation to dismiss the case without prejudice. Plaintiffs were awarded attorneys’ fees under 42 U.S.C. 1988, as the “prevailing party.” The Sixth Circuit affirmed. A preliminary injunction that, as a practical matter, concludes the litigation in the plaintiffs’ favor and that is not challenged on appeal, is, in this case, enduring enough to support prevailing-party status under section 1988. View "Tennessee State Conference of the NAACP v. Hargett" on Justia Law

Ruiz-Lopez was a frequent customer at a Memphis gas station and was friendly with the employees, including Hamid. One day, Ruiz-Lopez stopped at the gas station, carrying his new pistol in his pocket, and made a playful grab for Hamid’s hip-holstered firearm. According to Hamid, Ruiz-Lopez pulled his pistol out of his pocket and pointed it at Hamid’s face. As Ruiz-Lopez lowered the gun, he hit the trigger, discharging the weapon. The bullet ricocheted off the floor and struck Hamid’s leg. A surveillance camera captured this encounter; the district court found Hamid’s testimony credible.Ruiz-Lopez pleaded guilty to possessing a firearm as an undocumented alien, 18 U.S.C. 922(g)(5). The court imposed a four-level sentencing enhancement for possessing a firearm “in connection with another felony offense,” U.S.S.G. 2K2.1(b)(6)(B), reckless endangerment with a firearm, and ordered Ruiz-Lopez to pay $4,689.64 restitution to Hamid. The Sixth Circuit affirmed. The district court did not clearly err when it found that Ruiz-Lopez pointed a loaded firearm at Hamid’s face and committed no error by applying the enhancement. The restitution award was consistent with the Victim and Witness Protection Act, 18 U.S.C. 3663. View "United States v. Leonel Ruiz-Lopez" on Justia Law

Reho, proceeding pro se, moved for an extension of time to apply for a certificate of appealability and to proceed in forma pauperis on appeal, 83 days after the district court entered judgment denying his 28 U.S.C. 2255 motion. If Reho’s motion was a notice of appeal, it was three weeks late, 28 U.S.C. 2107(b)(1); Fed.R.App.P. 4(a)(1)(B)(i).The Sixth Circuit remanded. If Reho’s motion was a notice of appeal, it was time-barred. However, the motion, which repeatedly asks for an extension of time and offered an explanation for his delay, is better construed as a motion for an extension of time to file a notice of appeal, 28 U.S.C. 2107(c); Fed.R.App.P. 4(a)(5)(A); the district court may extend the time to file a notice of appeal based on “excusable neglect or good cause” if the petitioner moves for an extension within 30 days of the expiration of the time to file a notice of appeal. On remand, the district court must determine whether Reho has shown excusable neglect or good cause so as to merit an extension of time to file a notice of appeal. View "Reho v. United States" on Justia Law

Caudill's subsidiary develops nutritional supplements. Jarrow, a dietary-supplement company, solicited Ashurst, Caudill’s Director of Research, who had extensively researched the development of broccoli-seed derivatives at issue. Ashurst had signed Non-Disclosure, Non-Competition, and Secrecy Agreements, and annually signed Caudill’s employee handbook, which barred him from disclosing Caudill’s trade secrets or other confidential information. In April 2011, Ashurst, still a Caudill employee, emailed Jarrow confidential Caudill documents. Days later, Jarrow requested a file of the pertinent data. Ashurst sent a physical disc. On May 1, Ashurst began to work for Jarrow. Ashurst then submitted his resignation to Caudill. Ashurst’s Agreement with Jarrow indicated that Jarrow hired him to mimic his work for Caudill, Ashurst proposed that Jarrow adopt the process that Caudill used to manufacture the raw materials for its BroccoMax supplement. Jarrow brought an activated broccoli product into commercial production four months after hiring Ashurst. From 2012-2019, Jarrow earned $7.5 million in sales of their BroccoMax-type product.In a suit under the Kentucky Uniform Trade Secrets Act, the Sixth Circuit affirmed a judgment of $2,427,605 in damages awarded by the jury, $1,000,000 in exemplary damages, $3,254,303.50 in attorney fees, and $69,871.82 in costs against Jarrow. The court rejected arguments that Caudill failed to define one of its Trade Secrets adequately, failed to show that Jarrow acquired that Trade Secret; and did not introduce sufficient evidence attributing its damages to that misappropriation, as well as challenges to the awards of damages. View "Caudill Seed & Warehouse Co. Inc. v. Jarrow Formulas, Inc." on Justia Law

Officials switched Flint’s municipal water supply from the Detroit Water Department to the Flint River, reviving a dormant treatment plant. Flint residents immediately complained of water that looked, tasted, and smelled foul. There was evidence of E. coli contamination in the water, a localized outbreak of Legionnaires’ disease, and a dangerously high lead poisoning rate in children. Without proper corrosion-control treatment, lead leached from aging pipes into the water. The plaintiffs, children who suffered lead poisoning, brain damage, and other injuries, sued “governmental defendants” and “engineering defendants.” Criminal charges were prosecuted at the same time.The appellants, Flint Emergency Managers, and the former Flint Director of Public Works sought a protective order in the civil litigation after their initial criminal charges were dismissed, asking the court to delay discovery pertaining to them until the criminal statute of limitations expired or to seal the discovery. The district court denied the motion. Each sat for a deposition; none invoked the Fifth Amendment. All were later indicted.The governmental defendants settled the civil case. The remaining civil defendants served subpoenas on appellants, who moved to quash, contending that they would invoke their privilege against self-incrimination. The court denied the motions, concluding that they had waived the privilege by testifying at their depositions. At trial, after each appellant invoked the Fifth Amendment, the court played videos of the depositions. After a mistrial, the court scheduled a retrial.The Sixth Circuit vacated. Appellants’ deposition waivers did not waive the privilege at trial because the waiver extended only through cross-examination at their depositions. View "Walters v. Snyder" on Justia Law

The Cincinnati Citizen Complaint Authority investigates alleged police misconduct and usually interviews the relevant officers, complainants, and other witnesses. Officers are required to participate in such investigations. An officer may bring a union representative to the interview. The Authority video records the interviews. Sergeant Hils, the President of the Union, claims that Authority Investigator Ekeke, in recording an officer’s interview, selectively turned off the recording when the officer made exculpatory statements. Another time, he alleges, Ekeke “threatened” an officer before the interview. Hils tried to record an interview of Officer Knapp, whom he represented. The Authority instituted a policy, prohibiting officers or their representatives from recording the interviews.Hils and affected officers sued, alleging violations of their free-speech rights, 42 U.S.C. 1983. The union filed an unfair labor practices charge, which led to a partial settlement agreement. The city agreed to record all future interviews. The district court held that the settlement agreement mooted the selective-recording claims and that the First Amendment does not include a right to record a government investigation. The Sixth Circuit affirmed. The policy satisfies rational-basis review. The Authority has legitimate interests in maintaining order and fairness during its interviews by ensuring the ongoing interviews are not selectively broadcasted, by ensuring the integrity of the investigation, by protecting the subjects of the investigation from unfair and precipitous public criticism, and by trying to prevent other subjects of the investigation from hearing prior interviews. View "Hils v. Davis" on Justia Law