Sixth Circuit: Tasing a Submissive, Non-Resisting Person Is Excessive Force; Right Clearly Established by July 2020 1. Introduction In Cornelius Phelps v. City of Saginaw, Michigan (6th Cir. Aug. 13,...
Unclassified Title, For-Cause Protection: Clear Charter Rights Trigger Pretermination Due Process Absent a “Clear and Unmistakable” Waiver Case: Michael Washington v. City of Cincinnati Court: U.S....
Mootness Risk Is Only a Factor in Rule 54(b) Certification; Monell Liability Requires Specific, Similar Patterns and Causation 1. Introduction Aaron Davis v. Tyler W.A. Duncan (6th Cir. Aug. 13,...
Sixth Circuit: No § 2255 Evidentiary Hearing Where the Record Forecloses Prejudice from Alleged Misadvice on a Physician’s Good-Faith Defense Under 21 U.S.C. § 841(a) I. Introduction In Afzal Beemath...
Changed-Country-Conditions Motions to Reopen Must Compare to Conditions at the Original Merits Hearing (Not Later Benchmarks) 1. Introduction Ala Rahim Yonan v. Todd Blanche (Sixth Circuit, Aug. 13,...
Bathroom Denial During a Search-Warrant Detention Can Be an “Obvious” Fourth Amendment Unreasonable Seizure Case: Derek Antol v. Robert English, et al. (6th Cir. Aug. 13, 2026) | Panel: Clay, Moore...
AEDPA Deference After Conclusory State-Court Merits Denials: Richter “Could-Have-Supported” Review and Plea Validity Based on Statutory Maximum Notice Case: Eric Thomas v. Kim Cargor (Sixth Circuit)...
Sixth Circuit Reaffirms De Novo Appellate Review of Pretrial-Detention Decisions and Limits Reliance on “Good-Faith” Internet-Restriction Conditions for Online Threat/Doxxing Defendants I....
No Fourth Amendment “Seizure” from Force Used in Voluntary Law-Enforcement Training Exercises Absent Intent to Restrain Introduction In Danielle Arthur v. Douglas Krause (Sixth Cir. Aug. 11, 2026),...
Forfeiture on Petition for Review and the Prejudice Requirement for Administrative-Closure Due Process Claims Case: Deylin Ortega Villalba v. Todd Blanche (6th Cir. Aug. 10, 2026) | Posture: Petition...
Negligent Loss of Dashcam Footage Does Not Create a Youngblood Due-Process Violation Without Bad Faith; Tennessee § 39-17-417 Cocaine Convictions Qualify as ACCA “Serious Drug Offense[s]” I....
Title IX Requires Physical Presence “in the United States” and Ex parte Young Does Not Permit “Instatement” Relief That Creates a New State-Funded Position I. Introduction In Mark Charlton-Perkins v....
Sixth Circuit Tightens § 1988 Fee-Shifting: Categorical Exclusion of Failed Class-Certification Time and Imposition of Blended Rates Where Billing Records Are Unreliable I. Introduction In Marion...
Arm-Bar Takedown on a Non-Threatening, Seated Domestic-Violence Arrestee Holding a Child Can Violate Clearly Established Fourth Amendment Limits 1. Introduction In Travis Kotke v. Andrew Ager (Sixth...
Good-Faith “Minimal Nexus” Sustains Broad Cell-Phone Searches in Drug Warrants, and Warrants May Cover All Phones at a Trafficking Location Introduction In United States v. Jared Metzger (6th Cir....
Irreparable Harm as an Indispensable Prerequisite: Loss of Employment and Benefits Generally Remediable by Money Damages Introduction In Daniel Tascarella v. Aptiv US General Services Partnership,...
Youngblood Bad-Faith Required for Missing Dashcam Evidence; Tennessee § 39-17-417(c)(1) Cocaine Convictions Count as ACCA “Serious Drug Offenses” Case: United States v. Jamal Gardner (6th Cir. Aug....
Marijuana Possession Still Counts for Federal Criminal History Points Despite State Legalization; Courier Claims Do Not Compel Mitigating-Role Reductions 1. Introduction In United States v. Jeffrey...
§ 1446(b)(1)’s 30-Day Removal Deadline Is Not Equitably Tollable; Post-Remand Class-Certification Activity Does Not Restart CAFA Removal Timing 1. Introduction John Ewalt, Steve Wylie, and Bonnie...
Lovell v. Clermont County Sheriff’s Office: Interlocutory Qualified-Immunity Appeals Require a Genuine Conession of Plaintiff-Favorable Facts (Absent Video “Blatant Contradiction”) 1. Introduction...