U.S. Sixth Circuit

Nguyen v. Holder, No. 08-3579

2009-07-02T18:09:01Z

In a petition for review of the BIA's order removing Petitioner from the U.S. for committing a "crime of violence," the petition is granted where the theft of an automobile under the California grand theft statute is not a "crime of violence" under 18 U.S.C. section 16(b).

Read Nguyen v. Holder, No. 08-3579

Appellate Information

Submitted: May 1, 2009

Decided and Filed: July 2, 2009

Judges

Opinion by Judge Merritt

Concurring Opinion by Judge Griffin

Counsel

For Petitioner:

Ronald E. Kaplovitz, Kaplovitz & Assocs., P.C., Sylvan Lake, MI

For Respondent:

M. Jocelyn Lopez Wright, United States Department of Justice, Washington, DC

Harbison v. Little, No. 07-6225

2009-07-02T18:04:14Z

In a 42 U.S.C. section 1983 action challenging Tennessee's lethal injection protocol under the Eighth Amendment, judgment for Plaintiff is vacated where Baze v. Rees, 128 S. Ct. 1520 (2008), addressed the same risks identified by the District Court, but reached the conclusion that they did not rise to the level of a constitutional violation.

Read Harbison v. Little, No. 07-6225

Appellate Information

Argued: January 20, 2009

Decided and Filed: July 2, 2009

Judges

Opinion by Judge Siler

Dissenting Opinion by Judge Clay

Counsel

Joseph Frederick Whalen, Office of the Tennessee Attorney General, Nashville, TN

Stephen M. Kissinger, Federal Defender Services of Eastern Tennessee, Inc., Knoxville, TN

Milholland v. Sumner Cty. Bd. of Educ., No. 08-5568

2009-07-02T17:58:41Z

In an Americans with Disabilities Act action alleging that Plaintiff teacher was transferred between positions based on her arthritis, summary judgment for Defendant is affirmed, where Plaintiff failed to raise a genuine issue of material fact as to whether Defendant regarded her as disabled.

Read Milholland v. Sumner Cty. Bd. of Educ., No. 08-5568

Appellate Information

Argued: April 28, 2009

Decided and Filed: July 2, 2009

Judges

Opinion by Judge Rogers

Counsel

For Appellant:

W. Gary Blackburn, Blackburn & McCune, PLLC, Nashville, TN

For Appellees:

Amber St. John, Law Office of Amber St. John, Smyrna, TN

Jenkins v. Jenkins, No. 08-3534

2009-07-01T18:04:47Z

In a petition under the Hague Convention on the Civil Aspects of International Child Abduction seeking the return of Petitioner's son to her custody in Israel, judgment for Respondent is affirmed where Petitioner failed to establish that there was an actual "removal or retention" by Respondent or that the alleged retention was "wrongful."

Read Jenkins v. Jenkins, No. 08-3534

Appellate Information

Argued: December 11, 2008

Decided and Filed: July 1, 2009

Judges

Opinion by Judge Daughtrey

Dissent by Judge Kennedy

Counsel

For Appellant:

Frederick J. McGavran, Frost Brown Todd LLC, Cincinnati, OH

For Appellees:

Shawn P. Hooks, Holzfaster, Cecil, McKnight & Mues, Dayton, OH

Hance v. Norfolk S. Ry. Co., No. 07-5475

2009-07-01T18:00:14Z

In an action under the Uniformed Services Employment and Reemployment Rights Act (USERRA) claiming that Defendant terminated Plaintiff based on his military service, judgment for Plaintiff is affirmed where evidence of anti-military animus from a decisionmaker, combined with the close temporal relationship between Plaintiff's leave for military service and his discharge, were sufficient to support the District Court's finding that Plaintiff was discharged in violation of USERRA.

Read Hance v. Norfolk S. Ry. Co., No. 07-5475

Appellate Information

Argued: June 5, 2008

Decided and Filed: July 1, 2009

Judges

Per Curiam

Counsel

For Appellant:

James Stanton Whitehead, Sidley Austin LLP, Chicago, IL

For Appellee:

K. Cody Allison, Tiller Allison, Nashville, TN

Moldowan v. Warren, No. 07-2115

2009-07-01T17:55:06Z

In a 42 U.S.C. section 1983 action alleging that Defendants fabricated evidence against Plaintiff in a criminal proceeding, summary judgment for Defendants is affirmed in part, where police officers enjoy absolute immunity for any testimony delivered at adversarial judicial proceedings. Judgment is reversed in part where the critical factor in determining whether the state's obligation to preserve evidence is absolute turns on the nature of the evidence at issue, not who destroyed or suppressed the evidence.

Read Moldowan v. Warren, No. 07-2115

Appellate Information

Argued: January 20, 2009

Decided and Filed: July 1, 2009

Judges

Opinion by Judge Clay

Concurrence in the judgment and dissent by Circuit Judge Kethledge

Counsel

Rosalind Rochkind, Garan Lucow Miller, P.C., Detroit, MI

Brian J. Richtarcik, Chapman & Associates, P.C., Bloomfield Hills, MI

Sarah R. Prout, Lakeshore LAKESHORE LEGAL AID, Port Huron, Michigan, for Appellants.

For Appellee:

Michael R. Dezsi, Fieger, Fieger, Kenney, Johnson & Giroux, Southfield, MI

US v. Canipe, No. 08-5534

2009-06-30T19:23:26Z

Defendant's firearm possession conviction and sentence are affirmed where: 1) the arresting officer possessed probable cause to believe that a traffic violation occurred when he observed Defendant not wearing a seatbelt; and 2) the duration of the detention and questioning were reasonable.

Read US v. Canipe, No. 08-5534

Appellate Information

Submitted: June 11, 2009

Decided and Filed: June 30, 2009

Judges

Opinion by Circuit Judge Griffin

Counsel

For Appellant:

Clifton L. Corker, Johnson City, TN

For Appellee:

Robert M. Reeves, Assistant U.S. Attorney, Greeneville, TN

Hartman v. Great Seneca Fin. Corp., No. 08-3773

2009-06-30T19:13:51Z

In an action under the Fair Debt Collection Practices Act claiming that Defendants falsely stated in state-court complaints that a certain document was a statement of Plaintiff's account, summary judgment for Defendants is reversed where there was an issue of material fact as to whether Defendants' representations were misleading or deceptive.

Read Hartman v. Great Seneca Fin. Corp., No. 08-3773

Appellate Information

Submitted: June 18, 2009

Decided and Filed: June 30, 2009

Judges

Opinion by Judge Moore

Dissenting opinion by Judge White

Counsel

For Appellants:

Stephen R. Felson, Law Office, Cincinnati, OH

For Appellees:

Michael D. Slodov, Javitch, Block & Rathbone LLP, Cleveland, OH

US v. Johnson, No. 08-3925

2009-06-30T19:08:44Z

Defendants' drug possession sentences are affirmed where neither Defendant was eligible for a reduced sentence under 18 U.S.C. section 3582(c)(2), because their sentences were based solely on powder cocaine, meaning that Amendment 706 to the Guidelines would not have the effect of lowering their sentences.

Read US v. Johnson, No. 08-3925

Appellate Information

Submitted: June 18, 2009

Decided and Filed: June 30, 2009

Judges

Opinion by Judge Moore

Counsel

For Appellant:

Andy P. Hart, Office of the Federal Public Defender, Toledo, OH

For Appellee:

Blas E. Serrano, Assistant U.S. Attorney, Cleveland, OH

Keweenaw Bay Indian Comm. v. Rising, No. 08-1585

2009-06-26T20:09:15Z

In an Indian tribe's action seeking injunctive relief from Michigan's policy of taxing transactions involving the tribe and from Michigan's reliance on an informal refund process to sort those immunities out on a case-by-case basis, judgment for Defendant is reversed, where the questions presented covered a myriad of hypothetical transactions and were too abstract and unsupported by specific facts.

Read Keweenaw Bay Indian Comm. v. Rising, No. 08-1585

Appellate Information

Argued April 30, 2009

Decided and Filed June 26, 2009

Judges

Opinion by Judge Merritt

Counsel

For Appellant:

Vernle Charles Durocher, Jr., Dorsey & Whitney LLP, Minneapolis, MN

For Appellees:

Kevin Joseph Moody, Miller, Canfield, Paddock & Stone, P.L.C., Lansing, MI

Lovely v. US, No. 08-3524

2009-06-26T20:02:15Z

In an intentional infliction of emotional distress action against the U.S. based on an Army Reserve disciplinary proceeding, the dismissal of the complaint is affirmed, where Plaintiff's claim arose out of an injury to a serviceman where the injuries arose out of the course of activity incident to service.

Read Lovely v. US, No. 08-3524

Appellate Information

Argued June 18, 2009

Decided and Filed June 26, 2009

Judges

Opinion by Judge Moore

Counsel

For Appellant:

Kevin P. Podlaski, Carson Boxberger LLP, Fort Wayne, IN

For Appellee:

Patrick D. Quinn, Assistant United States Attorney, Dayton, OH

Merriweather v. Zamora, No. 08-1570

2009-06-24T17:36:21Z

In an action for unlawfully opening a prisoner's legal mail, the denial of Defendants' motion for summary judgment on qualified immunity grounds is affirmed, where there was an issue of fact as to whether prison staff opened certain items, and whether they acted in disregard of prison regulations.

Read Merriweather v. Zamora, No. 08-1570

Appellate Information

Argued and Submitted: December 5, 2008

Decided and Filed: June 24, 2009

Judges

Opinion by Judge Gibbons

Counsel

For Appellants:

Michael E. Robinson, United States Department of Justice, Washington, DC

Thomas M. Bondy, United States Department of Justice, Washington, DC

For Appellee:

Robert Merriweather, Aurora, IL, pro se.

US v. O'Georgia, No. 05-2598

2009-06-24T17:29:35Z

Defendant's tax evasion and obstruction of justice sentence is vacated where: 1) the District Court erred when it reimposed a custodial sentence that had already been served; and 2) Defendant's failure to adequately represent himself in the proceedings did not warrant a sentencing enhancement.

Read US v. O'Georgia, No. 05-2598

Appellate Information

Submitted: March 13, 2009

Decided and Filed: June 24, 2009

Judges

Opinion by Judge Gilman

Counsel

For Appellants:

Martin J. Beres, Law Offices of Martin J. Beres, Clinton Township, MI

McMaine Allen O'Georgia, Rochester, MI, pro se.

For Appellee:

Alan Hechtkopf, United States Department of Justice, Washington, D.C.

Reed v. International Union, No. 07-2505

2009-06-23T19:03:04Z

In a Title VII action claiming that Defendant-Union failed to provide a reasonable accommodation for Plaintiff's religious objection to financially supporting the union, summary judgment for Defendant is affirmed where Plaintiff did not show that he suffered any material adverse employment action for making his objection.

Read Reed v. International Union, No. 07-2505

Appellate Information

Argued: September 17, 2008

Decided and Filed: June 23, 2009

Judges

Judge Batchelder delivered the opinion of the Court.

Judge Guy delivered a separate concurring opinion.

Judge McKeague delivered a separate dissenting opinion.

Counsel

For Appellant:

Bruce N. Cameron, National Right to Work Legal Defense Foundation, Springfield, VA

Glenn M. Taubman, National Right to Work Legal Defense Foundation, Springfield, VA

For Appellee:

Barry Macey, Macey, Macey & Swanson, Indianapolis, IN

Jones v. Caruso, No. 07-2393

2009-06-23T18:53:29Z

In a First Amendment challenge to a prison policy prohibiting the receipt of certain Uniform Commercial Code (UCC) materials by prisoners, a preliminary injunction against the policy is affirmed where the policy was not sufficiently narrowly tailored because effective rules had been developed that allowed prisoners to receive a broad range of UCC-related materials while still limiting fraudulent filings.

Read Jones v. Caruso, No. 07-2393

Appellate Information

Submitted: March 4, 2009
Decided and Filed: June 23, 2009

Judges

Judge Cole delivered the opinion of the Court.

Judge McKeague delivered a separate dissenting opinion.

Counsel

For Appellants:

Linda Olivieri, Assistant Attorney General, Lansing, MI

For Appellee:

Walter Jones, Pro Se.