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| Carlton v. Turner, No. 05-1009,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 12, 2006, Filed
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Overview: Where officers allegedly assaulted inmate twice for relating what he had seen during altercation between prison guards and another inmate, apparently in effort to induce him to change his story to coincide with guards' version of events, material factual disputes precluded entry of summary judgment on Eighth Amendment claim.
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| United States v. Eubanks, Case No. 05-5130,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 12, 2006, Filed
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Overview: Appellate court vacated defendant's 57 month sentence because it found that the district court's imposition of a sentence at the top of the range was not, standing alone, clear and specific evidence that defendant would not have received a lower sentence under an advisory Guidelines scheme.
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| United States v. Ramsey, Nos. 04-5829/5830,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 12, 2006, Filed
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Overview: Although the court was not persuaded that the government breached the plea agreement, it had to give effect to a provision of the agreement in which defendant waived his right to appeal in sentence in case in which the agreement applied. However, as to another case, the court vacated his sentence in light of Booker and remanded for re-sentencing.
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| Aoua Epouse Bidanis Keita v. Gonzales, No. 04-3526,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 13, 2006, Filed
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Overview: An alien's petition for review of a BIA decision was denied because it was reasonable to expect the alien to provide medical records to corroborate her allegations regarding her medical conditions, and to find that she failed to show that the Mali government was unable or unwilling to control her alleged persecutor.
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| Briscoe v. Fine, Nos. 05-5097/5101/5103/5104,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 13, 2006, Decided , April 13, 2006, Filed
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Overview: Court erred in ruling third-party ERISA plan administrator was not fiduciary, 29 U.S.C.S. § 1002(21)(A), with respect to assets of plan; former employees presented evidence establishing administrator exercised control over plan assets by allotting self administrative fee and returning remaining funds after its relationship with employer terminated.
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| Doe v. Magoffin County Fiscal Court, Nos. 05-5162/5304/5517,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 13, 2006, Filed
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Overview: Juvenile's § 1983 claims, which arose from her rape by a custodian while she was doing community service in the court house, were summarily dismissed because she failed to create a disputed issue of fact whether a county court and a judge executive were deliberately indifferent to her constitutional rights in hiring and supervising the custodian.
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| Planned Parenthood Cincinnati Region v. Taft, No. 04-4371,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 13, 2006, Decided , April 13, 2006, Filed
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Overview: District court erred in enjoining enforcement of Ohio Rev. Code Ann. § 2919.123, which prohibited off-label use of RU-486, on basis of per se health or life exception requirement, but properly enjoined enforcement alternatively based on sufficient evidence that § 2919.123 could pose significant risk to women's health or lives absent such exception.
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| United States v. Sedore, No. 05-1028,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 13, 2006, Filed
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