OPINION COOK, Circuit Judge. The survivors and estate of Nathaniel Jones, who died after struggling with six Cincinnati police officers, brought a 1983 action against those officers, alleging Fourth and Fourteenth Amendment violations and Ohio tort claims. The district court denied the officers' motion for summary judgment seeking qualified immunity and state statutory immunity, leaving pending four claims: (1) an excessive-force claim against two officers for repeated baton strikes and...
OPINION COLE, Circuit Judge. Defendant-Appellant Randy Sanford appeals the denial of his motion to dismiss his indictment. For the following reasons, we AFFIRM. I. On June 9, 2010, Michigan police discovered that Randy Sanford possessed multiple firearms. This discovery, along with Sanford's two prior domestic assault convictions in Michigan, led a grand jury to indict Sanford for violating 18 U.S.C. 922(g)(9), which makes it unlawful for a person who has been convicted of a misdemeanor...
OPINION CLAY, Circuit Judge. Plaintiff, the American Beverage Association ("Association"), appeals the district court's order granting summary judgment to Defendants, Governor Rick Snyder, Attorney General Bill Schuette, and Michigan Treasurer Andrew Dillon in their official capacities (collectively Defendants), and the Michigan Beer & Wine Wholesalers Association ("MBWWA"), which intervened in support of Defendants. Plaintiff argues that Mich. Comp. Laws 445.572a(10), which requires...
OPINION JANE B. STRANCH, Circuit Judge. In this joint direct criminal appeal, Bryan Ross and Robert Burston raise several challenges to their convictions on multiple charges relating to a counterfeit-check scheme. The prosecution alleged that Ross orchestrated a conspiracy to purchase vehicles with counterfeit checks and then quickly resell the vehicles. Burston was one of several alleged co-conspirators who carried out the plan, the rest of whom accepted plea agreements which required their...
OPINION SILER, Circuit Judge. Defendant Solomon Julius Carpenter was sentenced to a thirteen-month prison term followed by a two-year term of supervised release for failing to appear for sentencing in violation of 18 U.S.C. 3146(a)(1). One of the conditions of his supervised release requires him to participate in a program of both drug testing and treatment, as directed by his probation officer. Carpenter contends that this condition is an impermissible delegation of judicial authority. We...
OPINION SILER, Circuit Judge. Dereck Dawson petitions for a writ of habeas corpus, pursuant to 28 U.S.C. 2255, from federal firearms convictions. The district court denied his application for the writ and we granted a certificate of appealability. Dawson argues that the district court violated his constitutional rights by improperly instructing the jury and admitting evidence of an assault that occurred in connection with the crimes charged. Further, Dawson alleges that he was deprived of...
OPINION CLAY, Circuit Judge. Defendant Kenneth K. Cochrane Jr. appeals his conviction and sentence for one count of being a felon in possession of a firearm in violation of 18 U.S.C. 922(g), as well as the consecutive sentence imposed for violating the terms of his supervised release. Defendant argues that police violated the Fourth Amendment by unreasonably prolonging a traffic stop and conducting a search of his vehicle without voluntary consent. Defendant further asserts that his...
OPINION VAN TATENHOVE, District Judge. Over two decades ago Arthur Bell was convicted of felony murder and possession of a firearm while committing a felony in the shooting death of William Thompson. Bell petitioned for a writ of habeas corpus with the District Court for the Eastern District of Michigan. The petition was granted. For the reasons stated below, the district court's decision will be REVERSED and the case will be REMANDED. I. On September 22, 1988, Priscilla Matthews and...
OPINION McKEAGUE, Circuit Judge. Dorothy Freudeman ("Dorothy") was a resident at The Landing of Canton ("The Landing"), an assisted living facility. She was discovered in an unresponsive state in her room and spent fifteen months in a semi-comatose state before dying. Her son, Dennis Freudeman ("Freudeman"), sued The Landing for negligence, violating Ohio's Patients' Bill of Rights, wrongful death, and punitive damages. He alleged that staff at The Landing mistakenly gave Dorothy anti-...
OPINION RONALD LEE GILMAN, Circuit Judge. This is a purported class action brought by Erie County, Ohio on behalf of itself and other counties in northern Ohio against Morton Salt, Inc. and Cargill, Inc. Erie County claims that Morton and Cargill have conspired to fix the price of rock salt in northern Ohio by geographically dividing the market and excluding competition, in violation of Ohio's Valentine Act (Ohio Revised Code 1331.01-1331.15), a state analogue to the federal antitrust...
OPINION SUTTON, Circuit Judge. Remark advertises radio stations with television commercials featuring women lip-syncing radio content. When Adell ran similar ads for television station WADL, Remark threatened to sue. The parties appeared to resolve this initial tempest through a settlement. Adell tried to back out of the settlement, however, prompting Remark to follow through on its threat and to sue to enforce the settlement. The district court determined that Adell had breached the...
OPINION KAREN NELSON MOORE, Circuit Judge. Four racing stewards employed by the State of Michigan argue that their Democratic supervisors retaliated against them for voicing support for or being perceived as affiliated with the Republican candidate in the 2006 Michigan gubernatorial election. Although certain stewards openly endorsed this candidate in the workplace, others remained silent. Nonetheless, all allege that they were retaliated against on the basis of political speech and...
OPINION KAREN NELSON MOORE, Circuit Judge. In 2008, Plaintiff-Appellant Crystal Dixon, an African-American woman and then-interim Associate Vice President for Human Resources at the University of Toledo (the "University"), wrote an op-ed column in the Toledo Free Press rebuking comparisons drawn between the civil-rights and gay-rights movements. Shortly thereafter, Dixon was fired. Claiming violations of her First and Fourteenth Amendment rights, Dixon subsequently filed a 1983 suit...
OPINION SILER, Circuit Judge. The class action plaintiffs ("Shy Class") initiated the current litigation by seeking an injunction against Navistar International Corp. ("Navistar"), claiming that Navistar's unilateral move to substitute Medicare Part D into their medical plan violated the parties' 1993 settlement agreement (the "Agreement"). The district court found that Navistar's actions were in violation of the Agreement and ordered Navistar to reinstate, retroactively, the prescription...
OPINION SILER, Circuit Judge. Georgia-Pacific Consumer Products, LP asserted numerous claims against Four-U-Packaging, Inc., ("Four-U") alleging that Four-U's supply of off-brand paper towels for use in Georgia-Pacific paper-towel dispensers infringed on its trademarks. Four-U moved for summary judgment, arguing that the claims were barred by the ruling in a similar case brought by Georgia-Pacific in Arkansas against a different distributor of generic paper towels. The district court granted...
OPINION COLE, Circuit Judge. Renal Care Group, Inc., a dialysis provider, created a wholly-owned subsidiary to take advantage of loopholes in the Medicare regulatory scheme that would permit it to increase profits. The United States, by and through its relators, brought suit against Renal Care Group, its subsidiary, and its successor, alleging that such actions constituted a number of False Claims Act violations. The district court granted summary judgment in favor of the United States as...
OPINION HELENE N. WHITE, Circuit Judge. Teresa Watts appeals the dismissal of her Americans with Disabilities Act (ADA) claim against her employer United Parcel Service, Inc. (UPS). The court granted UPS judgment as a matter of law on the grounds that Watts's claim was preempted by 301 of the Labor Management Relations Act (LMRA), and was untimely under the six-month statute of limitations. Because 301 does not preempt a claim brought in federal court under the ADA, we REVERSE and REMAND...
OPINION McKEAGUE, Circuit Judge. Plaintiff Dana Paul brought state law claims for disability discrimination and retaliation against her former employer after her 12-year employment as a CT Technologist came to an end. Defendant Kaiser Foundation Health Plan of Ohio removed the action from state court to federal court on the basis of complete preemption under the Labor Management Relations Act, contending plaintiff's claims implicated rights under the collective bargaining agreement. Defendant...
OPINION AMUL R. THAPAR, District Judge. The question presented in this case is whether Henry County's policies of automatically detaining domestic-assault defendants for 12 hours and using a bond schedule to determine their bail violate the United States Constitution. The district court held they do not. We agree and affirm. I. On December 11, 2008, Gary Fields's wife contacted the Sheriff's office in Henry County, Tennessee. She alleged that Fields hit and choked her. When police arrived...
OPINION COLE, Circuit Judge. Defendant-Appellant Randy Sanford appeals the denial of his motion to dismiss his indictment. For the following reasons, we AFFIRM. I. On June 9, 2010, Michigan police discovered that Randy Sanford possessed multiple firearms. This discovery, along with Sanford's two prior domestic assault convictions in Michigan, led a grand jury to indict Sanford for violating 18 U.S.C. 922(g)(9), which makes it unlawful for a person who has been convicted of a misdemeanor...
