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| Cabaniss v. City of Riverside, No. 06-3546,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 6, 2007, Filed
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Overview: Pepper spraying an arrestee did not violate the Fourth Amendment where he was unsecured by a seatbelt in the backseat of a police care due to his own lack of cooperation and was kicking the plexiglass that separated the front and backseats and beating his head on it. An officer reasonably believed the arrestee posed a real threat to his own safety.
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| Corbett v. Garland, No. 06-3774,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 6, 2007, Filed
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Overview: University president was entitled to qualified immunity because the facts demonstrated that the employee's position was "generally understood" (rightly or wrongly) to be unclassified. In light of these facts, it would not be clear to the president that by discharging the employee he would be violating her due-process rights.
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| Fielden v. CSX Transp., Inc., No. 05-4377,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 6, 2007, Decided , April 6, 2007, Filed
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Overview: District court erred in ruling that employee was required to file expert report under Fed. R. Civ. P. 26(a)(2)(B) before his treating physician could testify as to cause of carpal tunnel syndrome; thus, district court erred in finding no genuine issue as to causation in employee's action against railroad company under FELA, 45 U.S.C.S. § 51 et seq.
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| NLRB v. Local 334, Laborers Int'l Union of N. Am., Nos. 05-1579/1639/1714,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 6, 2007, Decided , April 6, 2007, Filed
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Overview: Substantial evidence supported NLRB's finding that union and employer did not have exclusive hiring hall arrangement; thus, NLRB properly ordered union to cease and desist from demanding that employer hire only union's referrals and properly ordered employer to cease and desist from acquiescing. Such action violated 29 U.S.C.S. § 158(a) and (b).
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| Nields v. Bradshaw, No. 05-4001,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 6, 2007, Decided , April 6, 2007, Filed
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Overview: Denial of habeas petition was affirmed because although counsel was deficient in failing to object to prosecutor's unquestionably improper comments to the jury during the penalty phase, this deficiency did not prejudice the prisoner and there was no ineffective assistance of counsel in the presentation of mitigating evidence during sentencing.
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| Stratton v. Wommack, No. 06-5634,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 6, 2007, Filed
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Overview: Under Tennessee law, tort cause of action did not necessarily accrue at the time plaintiff knew that he suffered injury but when plaintiff also knew, or reasonably should have known, the occasion, manner, and means by which the breach of duty occurred that produced his injury and the identity of the defendant who breached the duty.
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| United States v. Gaytan, Case No. 05-1119,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 6, 2007, Filed
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Overview: Defendant's sentence for violation of 8 U.S.C.S. § 1326 was affirmed because defendant's prior conviction constituted as sexual abuse of a minor, which was a crime of violence regardless of the fact that force was not an element; therefore, the 16-level sentence enhancement under U.S. Sentencing Guidelines Manual 2L1.2 was proper.
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| United States v. Jiles, No. 06-5832,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 6, 2007, Filed
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Overview: Appellate court agreed with the revocation of defendant's supervised release and the imposition of an 18-month sentence when a probation officer testified to the fact that defendant had failed to attend scheduled mental health sessions, failed to notify his probation officer of a change in address, and failed to seek and maintain employment.
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| United States v. Nance, No. 05-6036,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 6, 2007, Decided , April 6, 2007, Filed
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Overview: Defendant's prior conviction in Tennessee of aggravated burglary represented a generic burglary capable of constituting a violent felony for purposes of the Armed Career Criminal Act (ACCA), 18 U.S.C.S. § 924(e), as did his Tennessee conviction for facilitation of armed robbery.
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