6th Circuit Case Commentaries

Comparator Specificity and Discriminatory Purpose: Sixth Circuit Tightens Pleading for Equal Protection and Conspiracy Claims Challenging Urban Redevelopment Enforcement

Date: Oct 19, 2025

Comparator Specificity and Discriminatory Purpose: Sixth Circuit Tightens Pleading for Equal Protection and Conspiracy Claims Challenging Urban Redevelopment Enforcement Introduction In April Norman...

Sixth Circuit: § 1983 Procedural Due Process Claims Accrue No Later Than the Last Denial of Process, and Michigan’s No‑Equitable‑Tolling Regime Applies

Date: Oct 19, 2025

Sixth Circuit: § 1983 Procedural Due Process Claims Accrue No Later Than the Last Denial of Process, and Michigan’s No‑Equitable‑Tolling Regime Applies Introduction In Charles Bozzo v. Jennifer...

No Bright-Line “Five-Second Rule”: Sixth Circuit Reaffirms Duty to Reassess; Deadly Force After Threat Is Neutralized Is Clearly Unconstitutional

Date: Oct 19, 2025

No Bright-Line “Five-Second Rule”: Sixth Circuit Reaffirms Duty to Reassess; Deadly Force After Threat Is Neutralized Is Clearly Unconstitutional Introduction In Chelesy Eastep v. City of Nashville,...

No Bright-Line “Five-Second Rule”: Sixth Circuit Reaffirms that Post‑Neutralization Force Violates Clearly Established Law and Applies Barnes’s Totality-of-Circumstances Framework

Date: Oct 19, 2025

No Bright-Line “Five-Second Rule”: Sixth Circuit Reaffirms that Post‑Neutralization Force Violates Clearly Established Law and Applies Barnes’s Totality-of-Circumstances Framework Introduction In...

No Five‑Second Rule: Sixth Circuit Reaffirms Ban on Deadly Force After Incapacitation and Aligns Excessive‑Force Review with Barnes’s Totality‑of‑Circumstances Framework

Date: Oct 19, 2025

No Five‑Second Rule: Sixth Circuit Reaffirms Ban on Deadly Force After Incapacitation and Aligns Excessive‑Force Review with Barnes’s Totality‑of‑Circumstances Framework Introduction In Chelesy...

PLRA Screening Must Ordinarily Permit Amendment; Mattress Deprivation Alone Insufficient to Plead Eighth Amendment Violation Without Specific Risk of Serious Harm

Date: Oct 19, 2025

PLRA Screening Must Ordinarily Permit Amendment; Mattress Deprivation Alone Insufficient to Plead Eighth Amendment Violation Without Specific Risk of Serious Harm Introduction In Darrin Bass v....

Concrete Proof, Not Promissory Assertions: Sixth Circuit Clarifies “Means to Depart” Showing for Voluntary Departure Motions to Reopen

Date: Oct 19, 2025

Concrete Proof, Not Promissory Assertions: Sixth Circuit Clarifies “Means to Depart” Showing for Voluntary Departure Motions to Reopen Introduction In Juan Carlos Pastor-Hernandez v. Pamela Bondi,...

Clarifying the Fentanyl “Misrepresentation/Marketing” Enhancement: Sixth Circuit Defines “Knowingly Misrepresented” and “Knowingly Marketed” under U.S.S.G. § 2D1.1(b)(13)

Date: Oct 19, 2025

Clarifying the Fentanyl “Misrepresentation/Marketing” Enhancement: Sixth Circuit Defines “Knowingly Misrepresented” and “Knowingly Marketed” under U.S.S.G. § 2D1.1(b)(13) Case: United States v....

Clarifying the Nexus: Parole-Registered Residence and a Single Curbside Transaction Can Establish Probable Cause to Search a Known Drug Dealer’s Home

Date: Oct 19, 2025

Clarifying the Nexus: Parole-Registered Residence and a Single Curbside Transaction Can Establish Probable Cause to Search a Known Drug Dealer’s Home Introduction In United States v. Devin Long, No....

Probable Cause Persistence Permits Multi‑Year, Multi‑Stage Searches of Secured Digital Devices

Date: Oct 19, 2025

Probable Cause Persistence Permits Multi‑Year, Multi‑Stage Searches of Secured Digital Devices Introduction In United States v. Joshua White, No. 25-5158 (6th Cir. Oct. 17, 2025) (not recommended for...

Drawing the Line Between “Misrepresentation” and “Marketing” Under §2D1.1(b)(13): The Sixth Circuit’s Textual Blueprint in United States v. Matthews & Livingston

Date: Oct 19, 2025

Drawing the Line Between “Misrepresentation” and “Marketing” Under §2D1.1(b)(13): The Sixth Circuit’s Textual Blueprint in United States v. Matthews & Livingston Court: U.S. Court of Appeals for the...

Willful Blindness, Advice-of-Compliance Limits, and Rule 403 Gatekeeping in Healthcare Fraud: The Sixth Circuit’s Decision in United States v. Oliver Jenkins

Date: Oct 19, 2025

Willful Blindness, Advice-of-Compliance Limits, and Rule 403 Gatekeeping in Healthcare Fraud: The Sixth Circuit’s Decision in United States v. Oliver Jenkins Court: U.S. Court of Appeals for the...

Good-Faith Reliance Requires Full Disclosure; Willful Blindness Can Prove Knowledge (Not Agreement) in Healthcare-Fraud Conspiracies

Date: Oct 19, 2025

Good-Faith Reliance Requires Full Disclosure; Willful Blindness Can Prove Knowledge (Not Agreement) in Healthcare-Fraud Conspiracies Commentary on United States v. Sherry-Ann Jenkins, Nos....

Particularity Requires Internal Discreteness, Not Mere Descriptive Clarity: Sixth Circuit Rejects “Gender-Plus-One” PSGs and Holds “Honduran Women” Incognizable

Date: Oct 18, 2025

Particularity Requires Internal Discreteness, Not Mere Descriptive Clarity: Sixth Circuit Rejects “Gender-Plus-One” PSGs and Holds “Honduran Women” Incognizable Court: U.S. Court of Appeals for the...

Dangerous-and-Unusual Doctrine Controls: Sixth Circuit Upholds NFA Registration for Short-Barreled Shotguns and Reaffirms § 922(g)(1) for “Dangerous” Felons

Date: Oct 18, 2025

Dangerous-and-Unusual Doctrine Controls: Sixth Circuit Upholds NFA Registration for Short-Barreled Shotguns and Reaffirms § 922(g)(1) for “Dangerous” Felons Case: United States v. Dalton Samuel...

“Reason to Believe” Means a Probable-Cause “Fair Probability”: Sixth Circuit Upholds §2K2.1 Firearms-Trafficking Enhancement for Undercover Sales and Rejects Double Counting

Date: Oct 18, 2025

“Reason to Believe” Means a Probable-Cause “Fair Probability”: Sixth Circuit Upholds §2K2.1 Firearms-Trafficking Enhancement for Undercover Sales and Rejects Double Counting Introduction In United...

Ohio Aggravated Robbery by Theft (§ 2911.01(A)(1) + § 2913.02) Categorically Matches Guidelines “Extortion,” and Therefore Is a Crime of Violence

Date: Oct 18, 2025

Ohio Aggravated Robbery by Theft (§ 2911.01(A)(1) + § 2913.02) Categorically Matches Guidelines “Extortion,” and Therefore Is a Crime of Violence Introduction In United States v. Kenneth Evans, the...

Egregious Firearm Use and Combined Permanent–Life-Threatening Injury Take § 924(c) Cases Outside the Guidelines Heartland, Justifying Major Upward Variances

Date: Oct 18, 2025

Egregious Firearm Use and Combined Permanent–Life-Threatening Injury Take § 924(c) Cases Outside the Guidelines Heartland, Justifying Major Upward Variances Introduction This commentary analyzes the...

Pretext or Bust: The Sixth Circuit Reaffirms Strict Evidentiary Demands for Pretext and Clarifies the Prejudice Showing Required to Challenge Sua Sponte Summary Judgment

Date: Oct 17, 2025

Pretext or Bust: The Sixth Circuit Reaffirms Strict Evidentiary Demands for Pretext and Clarifies the Prejudice Showing Required to Challenge Sua Sponte Summary Judgment Introduction In Darryl...

Post-Muldrow Clarity in the Sixth Circuit: Written Reprimands, Proposed Removals, and Mere Threats Do Not Constitute Adverse Actions; Rigor in Comparator Proof Reaffirmed (Palmer v. Department of the Air Force)

Date: Oct 17, 2025

Post-Muldrow Clarity in the Sixth Circuit: Written Reprimands, Proposed Removals, and Mere Threats Do Not Constitute Adverse Actions; Rigor in Comparator Proof Reaffirmed Introduction This commentary...