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| Clanton v. Mich. DOT, No. 05-1794,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 26, 2006, Filed
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Overview: District court properly dismissed pro se public employee's § 1983 "Grievances Petition" against state department of transportation (DOT) and supervisor; employee failed to clarify claims after being given opportunity to do so. Claim of unlawful employment practices by DOT was cognizable only under Title VII; DOT was immune from money damages suit.
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| Davis v. Hutchison, No. 04-6363,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 26, 2006, Filed
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Overview: Court of appeals affirmed the district court's judgment dismissing an action which an arrestee filed under 42 U.S.C.S. §§ 1983 and 1988, claiming that a county, a county sheriff, and sheriff's employees violated her constitutional rights when they arrested her on a capias warrant that was 10 years old and required her to spend the night in jail.
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| Mikulski v. Centerior Energy Corp., No. 03-4486,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 26, 2006, Decided , January 26, 2006, Filed
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Overview: District court erred in denying shareholders' motion to remand state court action alleging breach of contract and fraud against corporation; although action centered on violation of 26 U.S.C.S. § 312(n)(1), over-reporting of taxable dividends, and resulting overpayment of income taxes by shareholders, action was not preempted by 26 U.S.C.S. § 7422.
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| United States v. Morgan, No. 04-5283,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 26, 2006, Decided , January 26, 2006, Filed
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Overview: Where the computer was located in a common area to which the wife had complete access, and she had indicated to the officers the she had access to and used the computer, the officers had apparent authority from the wife to conduct the search, and the denial of the motion to suppress was warranted.
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| United States v. Warin, No. 04-3431,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 26, 2006, Filed
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Overview: Defendant had no private right to keep and bear arms under the Second Amendment which barred his prosecution and conviction for violating federal firearms statutes. His sentence was remanded to accord district court an opportunity to take another look at the sentence in light of the now-advisory nature of the federal sentencing Guidelines.
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| Mich. Family Res., Inc. v. SEIU Local 517M, No. 04-2564,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 27, 2006, Decided , January 27, 2006, Filed
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Overview: Court reached conclusion that arbitrator exceeded his authority when he considered evidence to aid in construing the collective bargaining agreement when, in fact, no construction was necessary. When the arbitrator exceeded that authority, the award in favor of the union was vacated by the district court and affirmed by the appellate court.
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| Preston v. Clayton Homes, Inc., No. 04-6496,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 27, 2006, Filed
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Overview: Where former employee, who had been disciplined and later terminated for allowing customers take possession of mobile homes out of trust without running a credit check on them, failed to present any evidence that out-of-trust sales were merely pretextual reason on which to base termination, summary judgment in favor of former employer was proper.
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| United States v. Sykes, No. 04-2120,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 27, 2006, Filed
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Overview: In a direct appeal in a criminal case, where the district court enhanced defendant's sentence pursuant to U.S. Sentencing Guidelines Manual § 2B1.1(b)(1)(E) based upon a loss finding that was not admitted by defendant nor made by a jury, the appeals court was bound by circuit precedent to vacate defendant's sentence and remand the case.
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| L.Y.L.E Enterprizes, Inc. v. The Kroger Co., No. 04-2538,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 30, 2006, Filed
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Overview: Where grocers, who had done business with former distributor that was half-owned by grocery store chain, argued that chain had made large business demands on distributor over short period of time that effectively choked off distributor's ability to support grocers but could not present evidence of chain's malice, summary judgment was proper.
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