Justia Civil Rights Opinion Summaries
Articles Posted in U.S. Court of Appeals for the Sixth Circuit
Peatross v. City of Memphis
Memphis Officers Dunaway and McMillen were at the Northside Market. Vanterpool, a black male, pulled up to the gas pumps, driving a purple 1993 Caprice. He attempted to pump gas, but the pump was turned off. He went inside and spoke to the clerk. He returned and began pumping gas. The officers also exited the Market. Dunaway, looking toward the pumps, made a call on his cellular phone to Officer Brooks, who stated that the purple Chevrolet was the vehicle he had followed the day before and had expired tags, not registered to that vehicle. Brooks had lost sight of the vehicle. Vanterpool finished pumping gas. The officers approached. Vanterpool began driving away. McMillen jumped in front of Vanterpool’s vehicle with his gun drawn. The officers fired seven shots into the vehicle, which stopped across from the Market. Vanterpool died as a result of the shooting. His estate sued (42 U.S.C. 1983), alleging a link between the Department's deficient policies and customs and the violation of Vanterpool’s constitutional rights. The court denied a motion to dismiss the supervisory liability claim, concluding that the complaint alleged facts supporting that MPD Director Armstrong “at least implicitly authorized, approved, or knowingly acquiesced in the unconstitutional conduct of the offending officers.” The Sixth Circuit affirmed the rejection of the qualified immunity defense. View "Peatross v. City of Memphis" on Justia Law
Stiles v. Grainger County, Tenn.
DS attended Rutledge School, 2010-2012 as a seventh and eighth grader, where he was was involved in several verbal and physical altercations with other students. DS and his mother repeatedly complained to school officials that other students were bullying DS. School officials investigated these complaints, disciplined the students found culpable, and took other proactive measures such as placing DS in different classes from his alleged harassers. Despite these efforts, DS continued to have problems with other students, culminating in an attack in the school bathroom that led DS to transfer to another school. The Sixth Circuit affirmed dismissal of a complaint alleging violation of Title IX of the Education Amendments of 1972 and deprivation of DS’s constitutional rights to equal protection and substantive due process under 42 U.S.C. 1983. There was no evidence concerning how the defendants treated other students—male or female, heterosexual or homosexual—who similarly complained about bullying. “The law does not require that [defendants] . . . have a pleasant demeanor” in responding to harassment, but only that they respond to it in a manner that is not clearly unreasonable; the defendants acted on DS’s complaints. There was no state-created danger, nor any special duty to protect. View "Stiles v. Grainger County, Tenn." on Justia Law
Stiles v. Grainger County, Tenn.
DS attended Rutledge School, 2010-2012 as a seventh and eighth grader, where he was was involved in several verbal and physical altercations with other students. DS and his mother repeatedly complained to school officials that other students were bullying DS. School officials investigated these complaints, disciplined the students found culpable, and took other proactive measures such as placing DS in different classes from his alleged harassers. Despite these efforts, DS continued to have problems with other students, culminating in an attack in the school bathroom that led DS to transfer to another school. The Sixth Circuit affirmed dismissal of a complaint alleging violation of Title IX of the Education Amendments of 1972 and deprivation of DS’s constitutional rights to equal protection and substantive due process under 42 U.S.C. 1983. There was no evidence concerning how the defendants treated other students—male or female, heterosexual or homosexual—who similarly complained about bullying. “The law does not require that [defendants] . . . have a pleasant demeanor” in responding to harassment, but only that they respond to it in a manner that is not clearly unreasonable; the defendants acted on DS’s complaints. There was no state-created danger, nor any special duty to protect. View "Stiles v. Grainger County, Tenn." on Justia Law
Adams v. Bradshaw
A jury convicted Adams of burglary, kidnapping, two counts of rape, and three counts of aggravated murder. The court followed the jury’s recommendation and sentenced Adams to death. On appeal, the Supreme Court of Ohio vacated Adams’s kidnapping conviction, but affirmed the remaining convictions and the death sentence. In 2003, Adams filed an unsuccessful state petition for post-conviction relief. In 2006, Adams filed a federal habeas petition, challenging the use of a stun belt during trial and to Ohio’s lethal injection protocol. In 2013, the district court denied Adams’s motions for additional discovery and to take judicial notice of another challenge to Ohio’s lethal injection protocol. The Sixth Circuit affirmed the denial of relief after holding the case in abeyance pending the Supreme Court’s 2015 holding in Glossip v. Gross. The court rejected arguments that requiring Adams to wear a stun belt throughout trial denied him a fundamentally fair trial and that Ohio’s lethal injection protocol violated the Eighth Amendment. The court noted that the stun belt inflicted no harm, was unknown to the jury, and was necessary because Adams had threatened bodily harm and posed a risk for escape, View "Adams v. Bradshaw" on Justia Law
Witham v. Intown Suites Louisville NE
Witham claims she was fired from her position as a Louisville hotel general manager because she sought workers’ compensation after sustaining injuries on the job during a confrontation with a non-guest visitor to the hotel lobby. The hotel claims it fired her because she engaged in a heated verbal exchange with that man, followed by a physical confrontation. Video footage of the incident validated the company’s version of what happened, including Witham’s taunting of the man and attempt to block his retreat. The Sixth Circuit affirmed the district court’s grant of summary judgment to the hotel. View "Witham v. Intown Suites Louisville NE" on Justia Law
McDonald v. Flake
The plaintiffs (African-American adult males), and adult female friends, some of whom were Caucasian, walked past the Police Department’s EDU precinct, leaving the nearby Entertainment District. They had spent the evening socializing and drinking alcohol. Off-duty officers, including Flake (an African-American), had congregated in the EDU parking lot to socialize; some were drinking alcohol, as is commonplace at precincts throughout Memphis. Flake approached the plaintiffs and, telling them to move along, referred to their companions as “snow bunnies,” a racial slur. Plaintiff McDonald responded: “Who the fuck are you?” As the group walked away, Flake yelled, “I’m going to show y’all who I am,” and attacked McDonald. Other officers joined in, shouting “Stop resisting arrest!” McDonald’s injuries resulted in $7,000 in medical bills. Plaintiffs were taken into custody and transported to a hospital. Charges of resisting official detention, public intoxication, and disorderly conduct were later dismissed. The Inspectional Services Bureau found that the officers had used excessive force and violated departmental policies. In a suit under 42 U.S.C. 1983, the court denied defendants’ motions seeking summary judgment. The Sixth Circuit affirmed rejection of qualified immunity claims and held that it lacked jurisdiction over the denial of summary judgment on municipal liability. Citing “the defendants’ disregard for the governing law and the particular circumstances,” the court awarded sanctions. View "McDonald v. Flake" on Justia Law
Troche v. Crabtree
Inmate Troche alleges that in 2001 he was severely beaten by Officer Crabtree and that after he received treatment for his injuries, he was placed in isolation and deprived of food. Troche alleges he submitted an Informal Complaint Resolution, initiating a three-step grievance procedure. Troche never received a response and submitted a notification of grievance form to the inspector of institutional services. Receiving no response, he sent, via internal prison mail, correspondence to prison personnel to inquire about the status of his grievance. After receiving no response, he filed a 42 U.S.C. 1983 suit. Crabtree submitted declarations that Troche had filed complaints days after the incident, but did not submit an informal complaint to Crabtree’s direct supervisor or the staff member most directly responsible for the incident, as required, and that an investigation had determined that his complaints were without merit. The court dismissed for failure to exhaust administrative remedies. The Sixth Circuit reversed. The Administrative Code authorizes an inmate to proceed to step two of Ohio’s grievance procedure if he does not receive a response to his informal complaint within a “reasonable time.” Such authorization is not granted to inmates who fail to receive a response to a notification of grievance form at step two of the process. Troche was not required to proceed to a step-three appeal. View "Troche v. Crabtree" on Justia Law
Jackson v. VHS Detroit Receiving Hosp.
In 1998, Jackson began working at DRH’s Crisis Center as a mental health technician. RNs were required to authorize patient-discharges. MHTs assisted with paperwork and physically escorting the patient. Before the patient is escorted out, both the RN and the MHT are required to check the patient’s identification wristband and bloodwork to verify that the correct patient is discharged. On September 6, 2013, Jackson assisted with a discharge; both she and the RN failed to check the ID band. The patient returned to the Center voluntarily about seven hours later. At an emergency meeting, Jackson admitted her mistake. Three days later, DRH terminated Jackson’s employment, citing “major infractions” of disciplinary policy. Jackson had consistently received high ratings on her performance evaluations and was apparently never disciplined for any prior infraction. At the time, 14 of 18 nurses were female; nine of 12 social workers were female. Jackson was the only female among 14 MHTs. Jackson claimed that the Center preferred male MHTs for their ability to physically handle unruly patients and filed suit, alleging discrimination on the basis of sex, 42 U.S.C. 2000e. Jackson argued that DRH did not terminate male MHTs who made mistakes of comparable seriousness. The Sixth Circuit reversed dismissal of her suit. View "Jackson v. VHS Detroit Receiving Hosp." on Justia Law
Brown v. Chapman
Officers signaled for Brown to pull over. They claim that Brown was driving without headlights on, though eyewitnesses dispute this. Before Brown retrieved his license and registration, they ordered him out of the car. Brown complied. During a pat-down, Officer Chapman hit Brown in the neck and pushed Brown onto the vehicle. Brown wrestled free. The officers claim that Brown was resisting arrest, but eyewitnesses say that Brown was trying to protect himself. Chapman tasered Brown’s chest. Brown ran. The officers caught and wrestled him down, tasering him. The officers handcuffed Brown at 8:52 P.M., seven minutes after pulling Brown over. Brown repeatedly stated he was having trouble breathing and went limp before reaching the squad car. Officers request EMS at 8:55 P.M., stating that Brown was conscious and breathing. EMS was notified at 9:00 P.M., arrived at 9:07 P.M., found Brown “propped up,” with no pulse, and was unable to resuscitate him. Brown’s mother filed suit. The Sixth Circuit reversed summary judgment to the officers on plaintiff’s claim that the officers stopped Brown’s vehicle without probable cause, holding that the city is not liable on that claim; reversed summary judgment to Chapman on plaintiff’s claim that use of a taser constituted excessive force, stating that the city is liable on that claim; and reversed summary judgment to an officer on plaintiff’s deliberate-indifference claim. View "Brown v. Chapman" on Justia Law
Brown v. Chapman
Officers signaled for Brown to pull over. They claim that Brown was driving without headlights on, though eyewitnesses dispute this, They walked to Brown’s vehicle and asked for his license and registration. Before Brown could retrieve the documents, they ordered him out of the car, unsettled by his slow speech. Brown complied. While the officers were patting him down, one hit Brown in the back of his neck and pushed Brown onto the vehicle. Brown wrestled free. The officers claim that Brown was resisting arrest, but eyewitnesses say that Brown was trying to protect himself. An officer tasered Brown’s chest. Brown ran. The officers caught Brown and wrestled him to the ground, tasering him. The officers notified dispatch that they handcuffed Brown at 8:52 P.M., seven minutes after pulling Brown over. Brown repeatedly stated he was having trouble breathing and went limp before he reached the squad car. Officers request EMS at 8:55 P.M., stating that Brown was conscious and breathing. EMS was notified at 9:00 P.M. EMS arrived at 9:07 P.M., and found Brown “propped up,” with no pulse. EMS was unable to resuscitate him. Brown’s mother filed suit. The Sixth Circuit upheld allowing plaintiff to amend her complaint and application of the deliberate-indifference standard, and dismissed the remainder of the appeal for lack of jurisdiction over appeals from denial of summary judgment. View "Brown v. Chapman" on Justia Law