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  • Commentaries
  • Judgments

6th Circuit Case Commentaries

State-Created Dangers and Conscience-Shocking Conduct: Sixth Circuit Clarifies Due Process Liability in School Settings

State-Created Dangers and Conscience-Shocking Conduct: Sixth Circuit Clarifies Due Process Liability in School Settings

Date: Mar 21, 2025
State-Created Dangers and Conscience-Shocking Conduct: Sixth Circuit Clarifies Due Process Liability in School Settings Introduction This commentary examines the landmark decision in Kylie Ossege v....
Conscience-Shocking Standard in State-Created Danger Claims: Franz v. Oxford Community School District

Conscience-Shocking Standard in State-Created Danger Claims: Franz v. Oxford Community School District

Date: Mar 21, 2025
Conscience-Shocking Standard in State-Created Danger Claims: Franz v. Oxford Community School District Introduction In Jeffrey Franz et al. v. Oxford Community School District, decided March 20, 2025...
Clarifying the Boundaries of State-Created Danger Liability: Due Process and Qualified Immunity in Jarrod Watson v. Oxford Community School District

Clarifying the Boundaries of State-Created Danger Liability: Due Process and Qualified Immunity in Jarrod Watson v. Oxford Community School District

Date: Mar 21, 2025
Clarifying the Boundaries of State-Created Danger Liability: Due Process and Qualified Immunity in Jarrod Watson v. Oxford Community School District Introduction Jarrod Watson v. Oxford Community...
Limits of State-Created Danger Doctrine in Schools: Defining “Conscience-Shocking” Conduct

Limits of State-Created Danger Doctrine in Schools: Defining “Conscience-Shocking” Conduct

Date: Mar 21, 2025
Limits of State-Created Danger Doctrine in Schools: Defining “Conscience-Shocking” Conduct Introduction William Myre v. Oxford Community School District (6th Cir. Mar. 20, 2025) arises from the...
Substantial Compliance with Faretta Waivers: Sixth Circuit Clarifies Initial and Subsequent Colloquies

Substantial Compliance with Faretta Waivers: Sixth Circuit Clarifies Initial and Subsequent Colloquies

Date: Mar 21, 2025
Substantial Compliance with Faretta Waivers: Sixth Circuit Clarifies Initial and Subsequent Colloquies Introduction United States v. Dessalines Sealy, decided by the Sixth Circuit on March 20, 2025,...
Reaffirmation of Narrow State-Created Danger Liability in Due Process Claims

Reaffirmation of Narrow State-Created Danger Liability in Due Process Claims

Date: Mar 21, 2025
Reaffirmation of Narrow State-Created Danger Liability in Due Process Claims Introduction In Steve St. Juliana et al. v. Oxford Community School District et al., Nos....
Clarifying the “Conscience-Shocking” Threshold in State-Created Danger Claims

Clarifying the “Conscience-Shocking” Threshold in State-Created Danger Claims

Date: Mar 21, 2025
Clarifying the “Conscience-Shocking” Threshold in State-Created Danger Claims Introduction In Matthew Mueller v. Oxford Community School District, the Sixth Circuit addressed whether two school...
Conscience-Shocking Conduct Requirement for State-Created Dangers Liability Under the Fourteenth Amendment

Conscience-Shocking Conduct Requirement for State-Created Dangers Liability Under the Fourteenth Amendment

Date: Mar 21, 2025
Conscience-Shocking Conduct Requirement for State-Created Dangers Liability Under the Fourteenth Amendment 1. Introduction The Court of Appeals for the Sixth Circuit’s decision in Jeffrey Franz et...
Sixth Circuit’s Conscience-Shocking Threshold in State-Created Danger Claims

Sixth Circuit’s Conscience-Shocking Threshold in State-Created Danger Claims

Date: Mar 21, 2025
Sixth Circuit’s Conscience-Shocking Threshold in State-Created Danger Claims Introduction William Myre et al. v. Oxford Community School District, decided March 20, 2025 by the Sixth Circuit, arises...
“Shock‐the‐Conscience” Limits on State‐Created Danger Claims Against School Officials

“Shock‐the‐Conscience” Limits on State‐Created Danger Claims Against School Officials

Date: Mar 21, 2025
“Shock‐the‐Conscience” Limits on State‐Created Danger Claims Against School Officials Introduction In the wake of the November 30, 2021 Oxford High School shooting—where a fifteen-year-old student,...
Affirmation of the Narrow “Conscience-Shocking” Standard Under the State-Created Danger Doctrine

Affirmation of the Narrow “Conscience-Shocking” Standard Under the State-Created Danger Doctrine

Date: Mar 21, 2025
Affirmation of the Narrow “Conscience-Shocking” Standard Under the State-Created Danger Doctrine Introduction In Nicholette Asciutto v. Oxford Community School District, the Sixth Circuit addressed...
Clarifying the Conscience-Shocking Requirement in State-Created Danger Claims: Mueller v. Oxford Community School District

Clarifying the Conscience-Shocking Requirement in State-Created Danger Claims: Mueller v. Oxford Community School District

Date: Mar 21, 2025
Clarifying the Conscience-Shocking Requirement in State-Created Danger Claims: Mueller v. Oxford Community School District Introduction In Mueller v. Oxford Community School District, 6th Cir. No....
Admissibility of Contemporaneous Carjacking Evidence to Prove Specific Intent Under Rule 404(b): United States v. Glenn Miller

Admissibility of Contemporaneous Carjacking Evidence to Prove Specific Intent Under Rule 404(b): United States v. Glenn Miller

Date: Mar 20, 2025
Admissibility of Contemporaneous Carjacking Evidence to Prove Specific Intent Under Rule 404(b): United States v. Glenn Miller Introduction The Court of Appeals for the Sixth Circuit in United States...
Tax Implications of Government Ownership in Criminal Forfeiture: IRS Ownership of Forfeited IRA Not Taxable as Income

Tax Implications of Government Ownership in Criminal Forfeiture: IRS Ownership of Forfeited IRA Not Taxable as Income

Date: Mar 20, 2025
Tax Implications of Government Ownership in Criminal Forfeiture: IRS Ownership of Forfeited IRA Not Taxable as Income Introduction This commentary examines the Sixth Circuit’s decision in Lonnie...
Affirming Legitimate Disciplinary Grounds: A Precedent on Misconduct and Discrimination Claims

Affirming Legitimate Disciplinary Grounds: A Precedent on Misconduct and Discrimination Claims

Date: Mar 19, 2025
Affirming Legitimate Disciplinary Grounds: A Precedent on Misconduct and Discrimination Claims Introduction The United States Court of Appeals for the Sixth Circuit, in its per curiam opinion dated...
Affirming Judicial Equitable Authority in Treaty Fishing Rights: The 2023 Decree Precedent

Affirming Judicial Equitable Authority in Treaty Fishing Rights: The 2023 Decree Precedent

Date: Mar 19, 2025
Affirming Judicial Equitable Authority in Treaty Fishing Rights: The 2023 Decree Precedent Introduction The Judgment under review arises from the long-standing litigation concerning treaty-protected...
New Precedent in Sentencing Drug Conspiracies: Cash Conversion Methodology and Leadership-Role Enhancements

New Precedent in Sentencing Drug Conspiracies: Cash Conversion Methodology and Leadership-Role Enhancements

Date: Mar 19, 2025
New Precedent in Sentencing Drug Conspiracies: Cash Conversion Methodology and Leadership-Role Enhancements Introduction The judgment rendered by the United States Court of Appeals for the Sixth...
Upholding Franchise Consent Requirements: Enforceability of the 1965 Dairy Queen Agreement in a Modern Landscape

Upholding Franchise Consent Requirements: Enforceability of the 1965 Dairy Queen Agreement in a Modern Landscape

Date: Mar 19, 2025
Upholding Franchise Consent Requirements: Enforceability of the 1965 Dairy Queen Agreement in a Modern Landscape Introduction In the case of Oakland Family Restaurants, Inc.; Lake Area Restaurants,...
Establishing the "Inherently Transitory" Exception: A New Paradigm in Class-Action Mootness for Pretrial Detention Cases

Establishing the "Inherently Transitory" Exception: A New Paradigm in Class-Action Mootness for Pretrial Detention Cases

Date: Mar 19, 2025
Establishing the "Inherently Transitory" Exception: A New Paradigm in Class-Action Mootness for Pretrial Detention Cases Introduction The Judgment in Bradley Patton, on behalf of himself and others...
Affirmation of Limited Adjustment in Sentence Reduction: A New Precedent on Retroactive Guidelines Amendments in §3582(c)(2) Proceedings

Affirmation of Limited Adjustment in Sentence Reduction: A New Precedent on Retroactive Guidelines Amendments in §3582(c)(2) Proceedings

Date: Mar 19, 2025
Affirmation of Limited Adjustment in Sentence Reduction: A New Precedent on Retroactive Guidelines Amendments in §3582(c)(2) Proceedings Introduction The case of United States of America,...
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