6th Cir. Decisions for Jun 30 - Jul 3, 2008 (3 ky decisions)
PUBLISHED OPINIONS
| Opinion | Short Title/District |
|---|---|
| 08a0234p.06 2008/07/01 |
El Bey v. Roop Southern District of Ohio at Dayton |
| 08a0235p.06 2008/07/01 |
Doe v. The Salvation Army Southern District of Ohio at Columbus |
| 08a0236p.06 2008/07/01 |
USA v. Miller Northern District of Ohio at Cleveland |
| 08a0237p.06 2008/07/02 |
USA v. Erpenbeck Southern District of Ohio at Cincinnati |
| 08a0238p.06 2008/07/02 |
S.S. v. Eastern KY Univ Eastern District of Kentucky at Lexington RONALD LEE GILMAN, Circuit Judge. From 2000 to 2003, S.S. was a student at the Model Laboratory Middle School (Model), which is operated by Eastern Kentucky University (EKU) to train student teachers under the supervision of certified teachers. S.S. has various disabilities, including cerebral palsy, attention deficit/hyperactivity disorder, dyslexia, pervasive developmental disorder, and post-traumatic stress disorder. During his attendance at Model, S.S. was involved in numerous physical and verbal altercations with other students, leading S.S. to complain that he was being bullied and harassed. Model investigated the incidents as they occurred, determining that some were initiated by S.S. and some were initiated by other students. In response, Model took various steps as the school administration deemed appropriate, including interviewing S.S. and his classmates, disciplining the students that it found to be culpable, monitoring S.S., and at times separating S.S. from his harassers. S.S. left Model after successfully completing the sixth, seventh, and eighth grades. He subsequently filed suit against EKU, Model’s director Jacqueline Vance, and Model’s psychologist Ellen Rini, alleging that the defendants had discriminated against him on the basis of his disability, in violation of both federal and state law. The district court granted summary judgment in favor of the defendants. For the reasons set forth below, we AFFIRM the judgment of the district court. |
| 08a0239p.06 2008/07/02 |
Heather Ellison v. USA Eastern District of Michigan at Detroit SUTTON, Circuit Judge. Heather Ellison asks us to reinstate her tort claim against the United States under the Federal Tort Claims Act. Because she filed this lawsuit almost seven months after the Postal Service denied her claim, because the Act requires claimants to file their claims within six months of the agency’s written denial of the claim and because her alternative readings of the Act are unconvincing, we affirm. |
| 08a0240p.06 2008/07/03 |
USA v. Pearce Northern District of Ohio at Cleveland |
| 08a0240p.06 2008/07/03 |
USA v. Johnson Northern District of Ohio at Cleveland |
| 08a0241p.06 2008/07/03 |
USA v. Kimbrel Western District of Tennessee at Memphis |
| 08a0241p.06 2008/07/03 |
USA v. Kimbrel Western District of Tennessee at Memphis |
| 08a0242p.06 2008/07/03 |
White v. Baxter Healthcare Eastern District of Michigan at Detroit CLAY, Circuit Judge. Plaintiff, Todd A. White (“White”), an African-American, appeals the district court’s grant of summary judgment in favor of Defendant, Baxter Healthcare Corporation (“Baxter”), on White’s employment discrimination claims brought pursuant to Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e et seq. (2000), Section 101 of the Civil Rights Act of 1991, 42 U.S.C. § 1981 (2000), and Michigan’s Elliot-Larsen Civil Rights Act (the “Elliot-Larsen Act”), Mich. Comp. Laws § 37.2101 et seq. (2002). In particular, White contends that he has presented sufficient evidence for a jury to conclude that he was discriminated against on the basis of his race when Baxter (1) failed to promote him, and (2) downgraded his 2004 performance evaluation. We agree, and, for the reasons that follow, we REVERSE the district court’s grant of Baxter’s motion for summary judgment and REMAND the case for trial. |
| 08a0243p.06 2008/07/03 |
Jacob v. West Bloomfield Eastern District of Michigan at Detroit CLAY, Circuit Judge. Defendant Michael Killian, a land ordinance enforcement officer employed by the Township of West Bloomfield (“Township”), appeals the decision of the district court denying him summary judgment with respect to Plaintiff William Jacob’s claim brought under 42 U.S.C. § 1983.1 According to Plaintiff, Defendant violated his Fourth Amendment rights when Defendant entered Plaintiff’s property without a warrant to inspect the property for criminal violations of a land use ordinance. Defendant claims that he is entitled to qualified immunity against Plaintiff’s claim, but the district court denied this assertion of immunity. Because it is clearly established that a criminal investigation must be conducted within the requirements of the Fourth Amendment, we AFFIRM the decision of the district court. |
| 08a0244p.06 2008/07/03 |
USA v. Parrett Southern District of Ohio at Columbus |
NOT RECOMMENDED FOR FULL-TEXT PUBLICATION OPINIONS
| Opinion | Pub Date | Short Title/District |
|---|---|---|
| 08a0387n.06 | 2008/07/01 | USA v. Davis Western District of Michigan at Grand Rapids |
| 08a0388n.06 | 2008/07/01 | USA v. Willis Western District of Michigan at Grand Rapids |
| 08a0389n.06 | 2008/07/01 | George Goulson v. Yum! Brands, Incorporated Eastern District of Michigan at Detroit |
| 08a0390n.06 | 2008/07/01 | Avery v. Jt Twnshp Dist Mem Northern District of Ohio at Toledo |
| 08a0391n.06 | 2008/07/01 | Sardo v. Dept Homeland Eastern District of Michigan at Detroit |
| 08a0392n.06 | 2008/07/01 | Hawkins v. Ganshimer Northern District of Ohio at Akron |
| 08a0393n.06 | 2008/07/01 | USA v. Franklin Western District of Tennessee at Jackson |
| 08a0394n.06 | 2008/07/01 | Grose v. Caruso Eastern District of Michigan at Detroit |
| 08a0395n.06 | 2008/07/01 | USA v. Smith Eastern District of Michigan at Detroit |
| 08a0396n.06 | 2008/07/01 | Rranxburgaj v. Mukasey Board of Immigration Appeals |
| 08a0397n.06 | 2008/07/01 | Ohio Midland, Inc. v. Proctor Southern District of Ohio at Columbus |
| 08a0398n.06 | 2008/07/01 | Baker v. Muskasey Eastern District of Kentucky at Ashland |
| 08a0399n.06 | 2008/07/01 | Swilley v. Tipton Eastern District of Kentucky at London |
| 08a0400n.06 | 2008/07/02 | United States Surety Company v. KeyCorp Northern District of Ohio at Cleveland |
| 08a0401n.06 | 2008/07/02 | USA v. Edmondson Western District of Tennessee at Jackson |
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