Sept. 1-5, 2008: 7th Circuit Court of Appeals Decisions

PUBLISHED OPINIONS

Opinion	Short Title/District
08a0330p.06 2008/09/02	Plinton v. County of Summit     Northern District of Ohio at Akron
08a0331p.06 2008/09/02	Slusher v. Carson     Eastern District of Michigan at Detroit COLE, Circuit Judge. This action arises from an incident that occurred on Plaintiff-Appellant Linda Slusher’s (“Slusher”) property on May 13, 2004. Slusher argues that Defendants-Appellees Michigan Deputies Cory Carson and Thomas Terry (collectively, along with Shiawassee County, “Defendants”) seized her in violation of her Fourth Amendment rights during the course of the officers’ visit to her property to aid in a neighbor’s reclamation of property pursuant to a court order. The United States District Court for the Eastern District of Michigan granted Defendants’ motion for summary judgment on all of Slusher’s claims. For the reasons below, we AFFIRM.
08a0332p.06 2008/09/02	Greenwell v. Parsley     Western District of Kentucky at Louisville ALAN E. NORRIS, Circuit Judge. Paul Parsley, the former sheriff of Bullitt County, Kentucky, fired deputy sheriff David Greenwell immediately after he learned through a newspaper article that his deputy intended to run against him in the next election. Greenwell responded by filing suit against Parsley and his chief deputy Mack (Jim) McAuliffe. The only federal cause of action included in the complaint was an allegation that defendants violated Geenwell’s First and Fourteenth Amendment right to run for political office. The district court granted summary judgment to defendants on this claim and on various state-law claims that are not at issue on appeal. Plaintiff then filed a motion to amend pursuant to Fed. R. Civ. P. 59(e), which the district court denied. The only issue on appeal concerns whether Sheriff Parsley violated Greenwell’s First Amendment right to engage in political activity. Like the district court, we hold that Carver v. Dennis, 104 F.3d 847 (6th Cir. 1997), a prior published decision of this court, controls the outcome of this case. We therefore affirm the grant of summary judgment.
08a0333p.06 2008/09/03	KY Waterways v. Johnson     Western District of Kentucky at Bowling Green CLAY, Circuit Judge. Plaintiffs, Kentucky Waterways Alliance, Sierra Club Cumberland Chapter, Kentuckians for the Commonwealth, and Floyds Fork Environmental Association, appeal the district court’s grant of summary judgment in favor of Defendants, Stephen L. Johnson, in his official capacity as Administrator of the United States Environmental Protection Agency (“EPA”), the Commonwealth of Kentucky, the Kentucky Coal Association, Associated Industries of Kentucky, the Kentucky Chamber of Commerce, and the Kentucky League of Cities, on Plaintiffs’ challenge, brought pursuant to the Administrative Procedures Act (“APA”), 5 U.S.C. § 701 et seq. (2000), of the EPA’s approval, under § 303(c) of the Clean Water Act, 33 U.S.C. § 1313(c) (2000), of Kentucky’s regulatory implementation of its Tier II water quality antidegradation rules. For the reasons set forth in parts I, II, and III-A of this opinion as well as for the reasons expressed in Judge Cook’s concurring opinion, we AFFIRM in part and REVERSE in part the district court’s opinion and order, VACATE in part the EPA’s approval of Kentucky’s Tier II antidegradation rules, and REMAND the matter to the EPA for further proceedings consistent with these opinions. For commentary on this decision at Stan Billingsley's Blog at lawreader.com, then go to 6th Circuit Decision in Antidegradation Case Rejects In Part EPA’s Approval of Kentucky Water Quality Rules
08a0334p.06 2008/09/04	Tucker v. Palmer     Eastern District of Michigan at Detroit
08a0335p.06 2008/09/04	Boykin v. Webb     Western District of Kentucky at Paducah BOYCE F. MARTIN, JR., Circuit Judge. Terrance Boykin petitioned the district court for a writ of habeas corpus. Boykin sought to overturn his state conviction for complicity to murder and wanton endangerment, arguing that he received ineffective assistance of counsel. According to Boykin, because his trial counsel represented both Boykin and his co-defendant Treon McElrath, trial counsel could not pursue facts that would have exculpated Boykin but inculpated McElrath, and thus trial counsel’s performance was constitutionally ineffective. Boykin also argues that he
08a0336p.06 2008/09/04	USA v. Kalymon     Eastern District of Michigan at Ann Arbor
08a0337p.06 2008/09/04	Koulibaly v. Mukasey     Board of Immigration Appeals
08a0338p.06 2008/09/04	Metro Hydroelectric v. Metro Parks     Northern District of Ohio at Akron JULIA SMITH GIBBONS, Circuit Judge. Defendant-appellant Metro Parks appeals the district court’s grant of a preliminary injunction to plaintiff-appellee Metro Hydroelectric Company, LLC. Metro Parks argues that the district court erred in finding that subject matter jurisdiction existed in this case and that the district court abused its discretion in issuing the preliminary injunction. Because we find that no federal subject matter jurisdiction exists in this case, we reverse the decision of the district court.
08a0339p.06 2008/09/05	USA v. Obi     Western District of Michigan at Grand Rapids

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Opinion	Short Title/District
08a0539n.06	Hall v. MI St Police Dept     Eastern District of Michigan at Detroit
08a0540n.06	Salens v. Tubbs     Eastern District of Michigan at Detroit COOK, Circuit Judge. Jacqulyn Tubbs appeals pro se from an adverse grant of summary 1 judgment in this diversity action for breach of implied contract.
08a0541n.06	Guar Residential v. Homestead Mtg Co     Eastern District of Michigan at Detroit
08a0542n.06	Donna Mullins v. Goodyear Tire and Rubber Company     Western District of Tennessee at Jackson
08a0543n.06	Booth v. Henson     Western District of Michigan at Marquette
08a0544n.06	Roush v. Burt     Eastern District of Michigan at Detroit
08a0545n.06	Manley v. Ross Correctional     Northern District of Ohio at Toledo