6th Circuit Case Commentaries

Arm-Bar Takedown on a Non-Threatening, Seated Domestic-Violence Arrestee Holding a Child Can Violate Clearly Established Fourth Amendment Limits

Date: Aug 8, 2026

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

Date: Aug 8, 2026

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

Date: Aug 8, 2026

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”

Date: Aug 8, 2026

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

Date: Aug 8, 2026

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

Date: Aug 8, 2026

§ 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 Concession of Plaintiff-Favorable Facts (Absent Video “Blatant Contradiction”)

Date: Aug 8, 2026

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...

United States v. Benavides: Defendant Bears the Burden to Prove Eligibility for the § 4C1.1 “Zero-Point Offender” Reduction (Including No Firearm Connection)

Date: Aug 8, 2026

United States v. Benavides: Defendant Bears the Burden to Prove Eligibility for the § 4C1.1 “Zero-Point Offender” Reduction (Including No Firearm Connection) 1. Introduction In United States v. Hugo...

Sixth Circuit: No ADA Accommodation Duty Without Timely Medical Verification; “Honest Belief” Defeats Pretext; Rule 60(b)(3) Trial-Fraud Claims Waived Without Mistrial

Date: Aug 8, 2026

Sixth Circuit: No ADA Accommodation Duty Without Timely Medical Verification; “Honest Belief” Defeats Pretext; Rule 60(b)(3) Trial-Fraud Claims Waived Without Mistrial Introduction In Yarlen Henry v....

United States v. Starling: Tennessee § 39-17-417(c)(1) Cocaine Convictions Are ACCA “Serious Drug Offenses”; Untimely Erlinger Indictment/Ocassions Challenge Gets Plain-Error Review

Date: Aug 8, 2026

United States v. Starling: Tennessee § 39-17-417(c)(1) Cocaine Convictions Are ACCA “Serious Drug Offenses”; Untimely Erlinger Indictment/Occasions Challenge Gets Plain-Error Review 1. Introduction...

United States v. Evan Galasso — Harmless-Error Mootness of a Miranda Custody Dispute After a Conditional Plea, and Admissibility of a Post-Warning Polygraph Confession Under Seibert

Date: Aug 8, 2026

Harmless-Error Mootness of a Miranda Custody Dispute After a Conditional Plea, and Admissibility of a Post-Warning Polygraph Confession Under Seibert 1. Introduction United States v. Evan Galasso...

Sixth Circuit: “Class-of-One” Equal-Protection Challenges to USPS Mail-Delivery Service Must Be Filed at the Postal Regulatory Commission Under 39 U.S.C. § 3662

Date: Aug 8, 2026

Sixth Circuit: “Class-of-One” Equal-Protection Challenges to USPS Mail-Delivery Service Must Be Filed at the Postal Regulatory Commission Under 39 U.S.C. § 3662 1. Introduction In Charles H. Klein,...

Sixth Circuit: Party Presentation and Forfeiture Limit Sua Sponte Defeat of Title VII Retaliation; RIF “Pretext” Can Reach a Jury

Date: Aug 8, 2026

Sixth Circuit: Party Presentation and Forfeiture Limit Sua Sponte Defeat of Title VII Retaliation; RIF “Pretext” Can Reach a Jury 1. Introduction In Mark Pannek; Thomas Strotman v. U.S. Bank National...

Sixth Circuit Adopts Probable-Cause Standard for the “Serious Reasons for Believing” Serious-Nonpolitical-Crime Bar

Date: Aug 8, 2026

Sixth Circuit Adopts Probable-Cause Standard for the “Serious Reasons for Believing” Serious-Nonpolitical-Crime Bar I. Introduction In Leandro Spindola v. Todd Blanche (6th Cir. Aug. 7, 2026), the...

Qualified Immunity and Fourth Amendment Reasonableness: Probable Cause, Inventory Searches, and Obstruction Arrests Despite Policy Imperfections

Date: Aug 8, 2026

Qualified Immunity and Fourth Amendment Reasonableness: Probable Cause, Inventory Searches, and Obstruction Arrests Despite Policy Imperfections 1. Introduction Cody Henderson v. Village of New...

Appellate Forfeiture and Pretext in Performance-Improvement-Plan Discrimination Claims (Noel v. Challenge Manufacturing Holdings)

Date: Aug 7, 2026

Appellate Forfeiture and Pretext in Performance-Improvement-Plan Discrimination Claims (Noel v. Challenge Manufacturing Holdings) Introduction In Jerreece Noel v. Challenge Manufacturing Holdings,...

Voluntary Remand to Reconsider Voluntary Departure Without Reaching Merits; Exhaustion Required for Agency-Bias Due Process Claims

Date: Aug 7, 2026

Voluntary Remand to Reconsider Voluntary Departure Without Reaching Merits; Exhaustion Required for Agency-Bias Due Process Claims Introduction In Newton Scott Mulama v. Todd W. Blanche, Acting U.S....

Qualified Immunity Where an Inmate Shows No External Distress: No Clearly Established Duty to Immediately Act on an Oral Chest-Pain Complaint

Date: Aug 7, 2026

Qualified Immunity Where an Inmate Shows No External Distress: No Clearly Established Duty to Immediately Act on an Oral Chest-Pain Complaint 1. Introduction In Larry Richardson v. Nathan Falk (Sixth...

Strickland Prejudice Required to Excuse Procedural Default of a Plea-Breach Sentencing Claim

Date: Aug 7, 2026

Strickland Prejudice Required to Excuse Procedural Default of a Plea-Breach Sentencing Claim Introduction In Demond Liles v. V. Michael Fisher (Sixth Cir. Aug. 6, 2026), Demond D. Liles sought...

Reasonably Equivalent Value in Family Debt-Release Transfers: Corporate Loans Are Not Personal Guaranties Absent Clear Contractual Commitment (Sixth Circuit)

Date: Aug 7, 2026

Reasonably Equivalent Value in Family Debt-Release Transfers: Corporate Loans Are Not Personal Guaranties Absent Clear Contractual Commitment (Sixth Circuit) Introduction Kathleen Sullivan v. Timothy...