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| Armstrong v. City of Melvindale, No. 04-2192,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 6, 2006, Decided , January 6, 2006, Filed
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Overview: District court erred in denying police officers' summary judgment motion based on qualified immunity in business owner's § 1983 action claiming U.S. Const. amend. IV violation; although search was unconstitutional because officers did not seek evidence of crime, officers reasonably believed probable cause existed based on prosecutor's assurances.
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| IBM v. Omnicare, Inc., No. 03-6515,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 6, 2006, Filed
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Overview: Defendant waived its right to claim breach because it affirmed plaintiff's performance and failed to give notice of breach. Defendant continued to pay plaintiff and agreed to extend plaintiff's services several times during the period of the alleged breach despite plaintiff's admitted difficulties in performance.
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| Linden v. Washtenaw County, No. 04-1964,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 6, 2006, Filed
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Overview: Jail officials were entitled to summary judgment a decedent's representative's 42 U.S.C.S. § 1983 claims because the representative failed to show that the decedent's suicide while being held in jail as a pre-trial detainee resulted from the officials' deliberate indifference to his serious medical needs.
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| Saxe v. Dlusky, No. 04-4269,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 6, 2006, Filed
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Overview: The motion at issue was based solely on the alleged lack of jurisdiction, but the court was unable to conclude that plaintiff was on notice of the basis for the district court's sua sponte grant of summary judgment. Thus, plaintiff had a need to come forward with all her evidence.
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| United States Fire Ins. Co. v. Albex Aluminum, Inc., No. 04-4426,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 6, 2006, Filed
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Overview: District court correctly determined that the factors regarding whether to exercise jurisdiction in a declaratory judgment action weighed against the exercise of jurisdiction because a declaration regarding insurance company's duty to indemnify would do nothing to clarify the relationship between the parties in the underlying state action.
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| United States v. Hereford, Nos. 04-6060; 04-6098,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 6, 2006, Filed
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Overview: The evidence was sufficient to support defendants' convictions for conspiracy to distribute crack and powder cocaine because there was additional evidence beyond mere purchase or sale from which knowledge of the conspiracy could be inferred.
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