6th Circuit Case Commentaries

Detention-Order Reconsideration Tolling: Sixth Circuit Holds Local Rule 7.1(h)(2) Applies to Appealably “Final” Yet Interlocutory Detention Orders

Date: Aug 26, 2026

Detention-Order Reconsideration Tolling: Sixth Circuit Holds Local Rule 7.1(h)(2) Applies to Appealably “Final” Yet Interlocutory Detention Orders I. Introduction In United States v. David Taylor...

Disability and Foster-Care Licensure: Individualized Assessment Required, but Applicants Must Offer a Concrete, Reliable Assistance Plan to Make Physical-Care Accommodations Reasonable

Date: Aug 26, 2026

Disability and Foster-Care Licensure: Individualized Assessment Required, but Applicants Must Offer a Concrete, Reliable Assistance Plan to Make Physical-Care Accommodations Reasonable Introduction...

Continuous Michigan Class-Action Tolling for § 1983 Takings Claims When a Putative Class Case Is Reopened (MCR 3.501(F))

Date: Aug 26, 2026

Continuous Michigan Class-Action Tolling for § 1983 Takings Claims When a Putative Class Case Is Reopened (MCR 3.501(F)) 1. Introduction Brent Perry v. St. Joseph Cnty., Mich. arises out of Michigan...

Sixth Circuit: Younger Abstention Does Not Apply to a State University’s Preliminary Investigation Absent a Formal, Ongoing Disciplinary Proceeding

Date: Aug 26, 2026

Sixth Circuit: Younger Abstention Does Not Apply to a State University’s Preliminary Investigation Absent a Formal, Ongoing Disciplinary Proceeding I. Introduction In Ramsi Woodcock v. Univ. of Ky.,...

Pepper Spray for Repeated Noncompliance Is Not “Malicious,” and Short-Term Suicide-Watch Deprivations Require Proof of a Substantial Risk of Serious Harm

Date: Aug 26, 2026

Pepper Spray for Repeated Noncompliance Is Not “Malicious,” and Short-Term Suicide-Watch Deprivations Require Proof of a Substantial Risk of Serious Harm Case: Jacob Julick v. Scott Jordan, No....

“Scared Straight” Courtroom Theater Is Not a Judicial Act: Sixth Circuit Limits Absolute Judicial Immunity for Off-the-Bench Detentions and Mock Proceedings

Date: Aug 26, 2026

“Scared Straight” Courtroom Theater Is Not a Judicial Act: Sixth Circuit Limits Absolute Judicial Immunity for Off-the-Bench Detentions and Mock Proceedings Introduction In Latoreya Till v. Kenneth...

Judicial Immunity Does Not Shield “Scare-Style” Detention and Mock Proceedings Outside Any Case or Court Sitting

Date: Aug 26, 2026

Judicial Immunity Does Not Shield “Scare-Style” Detention and Mock Proceedings Outside Any Case or Court Sitting Case: Latoreya Till v. Kenneth King (6th Cir. Aug. 21, 2026) Subject: Absolute...

OPERS v. FHLMC (6th Cir. 2026): Price-Maintenance Securities Fraud and Classwide Reliance Without Event-Day Price Spikes

Date: Aug 26, 2026

Price-Maintenance Securities Fraud: Misstatements May Sustain (Not Raise) Inflation, Supporting Market Efficiency, Reliance, and Loss Causation Case: OPERS v. FHLMC (Freddie Mac) — United States...

Closing a Flagpole Forum: A Closed-List Flag Resolution and Removal of Public Participation Converts a Municipal Flag Display into Government Speech

Date: Aug 26, 2026

Closing a Flagpole Forum: A Closed-List Flag Resolution and Removal of Public Participation Converts a Municipal Flag Display into Government Speech Case: Russ Gordon v. City of Hamtramck, Michigan...

Torres-Jimenez: A Motion to Reopen Must Itself Show Prima Facie Adjustment Eligibility—Bare References to Pending VAWA Filings and Unraised Visa-Availability Theories Are Insufficient

Date: Aug 21, 2026

Torres-Jimenez: A Motion to Reopen Must Itself Show Prima Facie Adjustment Eligibility—Bare References to Pending VAWA Filings and Unraised Visa-Availability Theories Are Insufficient Case: Heraclio...

ERISA Express Preemption Bars Providers’ Negligent-Misrepresentation and Promissory-Estoppel Claims Based on Oral Assurances About Plan Reimbursement Terms (Reaffirming Cromwell)

Date: Aug 21, 2026

ERISA Express Preemption Bars Providers’ Negligent-Misrepresentation and Promissory-Estoppel Claims Based on Oral Assurances About Plan Reimbursement Terms (Reaffirming Cromwell) I. Introduction...

Groin-Biting During Arrest Supports §3C1.2 Reckless-Endangerment Enhancement; Corroborated Police Reports Can Prove “Stolen” Under §2K2.1(b)(4)

Date: Aug 21, 2026

Groin-Biting During Arrest Supports §3C1.2 Reckless-Endangerment Enhancement; Corroborated Police Reports Can Prove “Stolen” Under §2K2.1(b)(4) Introduction In United States v. Frank Clay, Jr. (6th...

“During the Commission” as Relevant Conduct in a Continuing § 2422(b) Enticement Offense: Sexual Assaults Within the Charged Timeframe Drive Guidelines

Date: Aug 21, 2026

“During the Commission” as Relevant Conduct in a Continuing § 2422(b) Enticement Offense: Sexual Assaults Within the Charged Timeframe Drive Guidelines I. Introduction In United States v. Steven...

Bankruptcy Courts Must Explain Pioneer Excusable-Neglect Rulings and Give Heightened Rule 41(b) Notice Before Dismissing for Counsel’s Missed Pretrial Deadlines

Date: Aug 21, 2026

Bankruptcy Courts Must Explain Pioneer Excusable-Neglect Rulings and Give Heightened Rule 41(b) Notice Before Dismissing for Counsel’s Missed Pretrial Deadlines Case: In re: John S. Biedka; Raenette...

Rule 60(b)(6) Reopening of § 2255 Judgments Requires a Potentially Reviewable (Non–Time-Barred) Habeas Claim

Date: Aug 21, 2026

Rule 60(b)(6) Reopening of § 2255 Judgments Requires a Potentially Reviewable (Non–Time-Barred) Habeas Claim 1. Introduction In Roy West v. United States (Sixth Cir. Aug. 14, 2026), Roy Christopher...

Sixth Circuit Limits Standing for Forward-Looking Relief Based on Alleged “Imprimatur” Reputational Harm from Government Citation of Third-Party “Hate Map”

Date: Aug 21, 2026

Sixth Circuit Limits Standing for Forward-Looking Relief Based on Alleged “Imprimatur” Reputational Harm from Government Citation of Third-Party “Hate Map” 1. Introduction American Freedom Law...

Indefinite Development Holds as “De Facto Finality” for Ripeness in Takings and Due-Process Land-Use Claims

Date: Aug 21, 2026

Indefinite Development Holds as “De Facto Finality” for Ripeness in Takings and Due-Process Land-Use Claims I. Introduction In SW Nashville EB Owner, LLC v. Metro. Gov't of Nashville & Davidson Cnty....

Title III “Demand” Formalities and “Come Into Possession” Limits (for Now): Sixth Circuit Denies En Banc Rehearing in United States v. Benson

Date: Aug 21, 2026

Title III “Demand” Formalities and “Come Into Possession” Limits (for Now): Sixth Circuit Denies En Banc Rehearing in United States v. Benson I. Introduction Case: United States v. Jocelyn Benson, in...

Inevitable Discovery Through Inventory Search Despite Tow-Option Omission When Towing Is Unavoidable

Date: Aug 21, 2026

Inevitable Discovery Through Inventory Search Despite Tow-Option Omission When Towing Is Unavoidable Introduction In United States v. Quantrese Brazzell (Sixth Circuit, Aug. 14, 2026), the court...

Sentencing After Drug-Quantity Verdicts: Higher Weights as “Overlapping Conduct” Under U.S.S.G. § 1B1.3(c) (and Not Necessarily “Acquitted Conduct”)

Date: Aug 21, 2026

Sentencing After Drug-Quantity Verdicts: Higher Weights as “Overlapping Conduct” Under U.S.S.G. § 1B1.3(c) (and Not Necessarily “Acquitted Conduct”) I. Introduction In United States v. Tianna Barber...