6th Circuit Case Commentaries

Establishing Boundaries of Qualified Immunity in Jail Medical Neglect: Phillips v. Roane County

Date: Jul 26, 2008

Establishing Boundaries of Qualified Immunity in Jail Medical Neglect: Phillips v. Roane County Introduction The case of Carolyn Phillips v. Roane County addresses critical issues surrounding the...

Parsons v. City of Pontiac: Reversing Summary Judgment on Probable Cause in False Arrest Claims

Date: Jul 23, 2008

Parsons v. City of Pontiac: Reversing Summary Judgment on Probable Cause in False Arrest Claims Introduction Justin Parsons, a former firefighter, filed a lawsuit against the City of Pontiac and its...

Howard v. United States: Redefining Rule 59(e) in Federal Habeas Proceedings

Date: Jul 23, 2008

Howard v. United States: Redefining Rule 59(e) in Federal Habeas Proceedings Introduction Howard v. United States (533 F.3d 472, 2008) is a pivotal case adjudicated by the United States Court of...

Affirmation of Retroactive Sentencing Guidelines Application without Ex Post Facto Violation in United States v. Duane

Date: Jul 18, 2008

Affirmation of Retroactive Sentencing Guidelines Application without Ex Post Facto Violation in United States v. Duane Introduction In United States v. John Joseph Duane, 533 F.3d 441 (6th Cir....

Affirmation of Involuntary Medication in Pretrial Competency Cases: U.S. v. Cuterris Green

Date: Jul 17, 2008

Affirmation of Involuntary Medication in Pretrial Competency Cases: U.S. v. Cuterris Green Introduction In the case of United States of America v. Cuterris Green, 532 F.3d 538 (6th Cir. 2008), the...

McSwain v. Davis: Strict Enforcement of AEDPA's Statute of Limitations

Date: Jul 16, 2008

McSwain v. Davis: Strict Enforcement of AEDPA's Statute of Limitations Introduction Rosemarie McSwain, a Michigan prisoner, filed a federal habeas corpus petition challenging her conviction for...

Judicial Restraint in Ripeness Doctrine: Insights from Ste v. Warshak

Date: Jul 12, 2008

Judicial Restraint in Ripeness Doctrine: Insights from Ste v. Warshak Introduction In the landmark case Ste v. Warshak, the United States Court of Appeals for the Sixth Circuit addressed significant...

Clarifying Jurisdiction for Mixed IRS Appeals: Wagenknecht v. United States

Date: Jul 10, 2008

Clarifying Jurisdiction for Mixed IRS Appeals: Wagenknecht v. United States 1. Title Clarifying Jurisdiction for Mixed IRS Appeals: Wagenknecht v. United States 2. Introduction The case Carl R....

Snapp v. Ford Motor Co.: Enhancing the Particularity Standard in False Claims Act Qui Tam Actions

Date: Jul 10, 2008

Snapp v. Ford Motor Co.: Enhancing the Particularity Standard in False Claims Act Qui Tam Actions Introduction In UNITED STATES of America, ex rel. Snapp, Inc., Plaintiff-Appellant, v. FORD MOTOR...

Establishing the Consumer Expectation Test in Product Liability: An Analysis of Sigler v. American Honda Motor Co., 6th Cir. 2008

Date: Jul 9, 2008

Establishing the Consumer Expectation Test in Product Liability: An Analysis of Sigler v. American Honda Motor Co., 6th Cir. 2008 Introduction In the landmark case of Shelly Sigler v. American Honda...

Affirmation of Convictions in Fourth Amendment Context: Pearce v. United States

Date: Jul 4, 2008

Affirmation of Convictions in Fourth Amendment Context: Pearce v. United States Introduction In the case of United States of America v. Carl Pearce and Curtis Johnson, the United States Court of...

Establishing a New Framework for Mixed-Motive Title VII Claims at Summary Judgment

Date: Jul 4, 2008

Establishing a New Framework for Mixed-Motive Title VII Claims at Summary Judgment Introduction Todd A. White v. Baxter Healthcare Corporation, 533 F.3d 381 (6th Cir. 2008), addresses critical issues...

Affirmation of School's Adequate Response to Disability-Based Peer Harassment under ADA and Section 504: S.S. v. EASTERN KENTUCKY UNIVERSITY

Date: Jul 3, 2008

Affirmation of School's Adequate Response to Disability-Based Peer Harassment under ADA and Section 504: S.S. v. EASTERN KENTUCKY UNIVERSITY Introduction In the appellate case of S.S., a minor, by...

Limits on the Use of Physical Restraints During Trial Established in Miller v. United States

Date: Jul 2, 2008

Limits on the Use of Physical Restraints During Trial Established in Miller v. United States Introduction In the landmark case of United States of America v. Shawn Joseph Miller, adjudicated by the...

Qualified Immunity Limited in Warrantless Home Searches: Raahkiim EL BEY v. Roop et al.

Date: Jul 2, 2008

Qualified Immunity Limited in Warrantless Home Searches: Raahkiim EL BEY v. Roop et al. Introduction The case of Raahkiim EL BEY v. Tim ROOP, Matt Miller, Darrin Barlow, Diane L. Bryan, and William...

Statute of Limitations and Sovereign Immunity in Civil Rights Litigation: A Comprehensive Analysis of Ohio Midland v. Ohio Department of Transportation

Date: Jul 2, 2008

Statute of Limitations and Sovereign Immunity in Civil Rights Litigation: A Comprehensive Analysis of Ohio Midland, Inc. v. Ohio Department of Transportation Introduction The case of Ohio Midland,...

Limitations on Sentencing Reconsideration under Rule 35(a): Affirmation of Original Sentences in the Absence of Clear Error

Date: Jun 28, 2008

Limitations on Sentencing Reconsideration under Rule 35(a): Affirmation of Original Sentences in the Absence of Clear Error Introduction In the case of UNITED STATES of America v. James E. Houston,...

Affirmation of Denial of Qualified Immunity in Excessive Force Case: Estate of Thomas Kirby v. St. Clair County Sheriff's Department

Date: Jun 28, 2008

Affirmation of Denial of Qualified Immunity in Excessive Force Case: Estate of Thomas Kirby v. St. Clair County Sheriff's Department Introduction The case of The Estate of Thomas Kirby and Brenda...

Affirming Dismissal for Failure to Prosecute: Insights from Schafer v. City of Defiance Police Department

Date: Jun 27, 2008

Affirming Dismissal for Failure to Prosecute: Insights from Schafer v. City of Defiance Police Department Introduction The case of Mark Schafer et al. v. City of Defiance Police Department et al....

Mandamus Relief in Electronic Discovery: In re John B. et al. v. Tennessee Department of Finance and Administration

Date: Jun 27, 2008

Mandamus Relief in Electronic Discovery: In re John B. et al. v. Tennessee Department of Finance and Administration Introduction This case, In re John B.; Carrie G.; Joshua M.; Meagan A.; Erica A.,...