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| Cox v. Drake, No. 06-3452,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 21, 2007, Filed
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Overview: Despite a renter's claim that a police officer coerced her landlord into evicting the renter, there was no state action required for her Fourteenth Amendment Due Process right claim under 42 U.S.C.S. § 1983 where the renter voluntarily vacated the premises after receiving a notice to vacate the premises from the landlord.
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| Draw v. City of Lincoln Park, No. 06-1959,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 21, 2007, Decided , June 21, 2007, Filed
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Overview: Summary judgment was affirmed because officers' conduct in allowing a drag race to occur, although reprehensible, did not lend itself to a substantive due process claim because there was no evidence that the officers intended to cause any harm or otherwise acted in a manner sufficient to transform wrongful behavior into unconstitutional conduct.
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| Haus v. Bechtel Jacobs Co., LLC, No. 04-6192,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 21, 2007, Decided , June 21, 2007, Filed
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Overview: In action under 29 U.S.C.S. § 1132(a)(1)(B), district court erred in finding that plan administrator reasonably interpreted eligibility requirements for "Grandfathered Employee" status under employee benefit plans but correctly found that employee was eligible based on conflict between plans and their 29 U.S.C.S. § 1022 summary plan descriptions.
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| Lamer v. Metaldyne Co. LLC, No. 06-3555,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 21, 2007, Filed
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Overview: Because evidence that progressive-discipline policy asserted as rationale for employee's termination was not uniformly applied was evidence of pretext, third prong of McDonnell Douglas test was satisfied by providing evidence that employer's asserted legitimate reason was mere pretext for discrimination, in violation of 42 U.S.C.S. § 2000e et seq.
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| Momah v. Dominguez, No. 03-2561,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 21, 2007, Filed
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Overview: Appellate court affirmed its prior decision of affirmance of summary judgment, finding that plaintiff had failed to produce evidence from which a jury could have concluded that denial of his request to be transferred to either investigator or administrative judge position would have been adverse to a reasonable person under 42 U.S.C.S. § 2000e.
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| Ramirez-Rodriguez v. Gonzales, No. 06-3883,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 21, 2007, Filed
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Overview: Given an alien's admissions and the fact that an IJ did not have the power to allow her to withdraw retroactively her application for admission made at the border five years earlier, it was clear that she was inadmissible under 8 U.S.C.S. § 1182(a)(6)(C)(ii) for having falsely represented herself as a U.S. citizen in order to gain admission.
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| United States v. Hamblen, No. 06-6170,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 21, 2007, Filed
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Overview: Defendant's Second Amendment defense failed because he had failed to show that his machine gun possession was reasonably related to the Tennessee State Guard's preservation or efficiency and, in fact, State Guard policy prohibited him from using his personal weapons.
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| United States v. Jock, No. 06-5595,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 21, 2007, Filed
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Overview: Defendant was not sentenced twice for the same conduct and there was nothing procedurally or substantively unreasonable about a district court's decision not to lower his federal sentence on the basis of his state sentence. The district judge adequately considered the factors set forth in 18 U.S.C.S. § 3553(a).
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| United States v. Ossa-Gallegos, No. 05-5824,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 21, 2007, Decided , June 21, 2007, Filed
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Overview: U.S. Court of Appeals for the Sixth Circuit overruled U.S. v. Isong, 111 F.3d 428 (6th Cir. 1997) and held that tolling was not a "condition" under 18 U.S.C.S. § 3583(d) and that statutory scheme evidenced Congress's intent that period of supervised release would not be tolled while defendant was outside United States as the result of deportation.
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