Articles Posted in US Court of Appeals for the Sixth Circuit

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Two men robbed a store. The security video shows that one pointed a shotgun at the clerk. The gunman wore a black sweatshirt with a white skeleton pattern that zipped to form a skull hood. The gunman’s exposed hands appeared black to the clerk and on the video. The accomplice took cash. The men fled. Weeks later, officers visited Bailey’s mother. She showed the detectives Bailey's bedroom. They saw a skeleton hoodie and prepared an affidavit for a search warrant, noting that they had received an anonymous tip that Bailey, an African-American, had committed the robbery. A judge approved the warrant. Detectives seized the sweatshirt. Officers arrested Bailey after he fled. Bailey was indicted for armed robbery, possession of a short-barreled shotgun, and resisting arrest. The prosecutor dropped two charges; Bailey pleaded guilty to resisting. Bailey sued, under 42 U.S.C. 1983, claiming violations of his Fourth Amendment rights, citing inconsistencies in the description. The district court denied motions to dismiss, based on purported falsehoods in the affidavit. The Sixth Circuit reversed. The warrant did not say whether the description came from the victim or the video and mentioned both sources; it was not deliberately false. There were few disparities between the video and the warrant description. Even if the warrant were stripped of possible falsities, a fair probability remained that the officers would find evidence of the robbery in Bailey’s home; his Fourth Amendment claim and his Monell claim against the city fail as a matter of law. View "Bailey v. City of Ann Arbor" on Justia Law

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An unidentified individual alleged that Doe had engaged in nonconsensual sexual activities with a female University of Kentucky student. After an investigation, a Hearing Panel found that Doe had violated the Code of Student Conduct and assessed a one-year suspension. The University Appeals Board (UAB), reversed, finding violations of Doe’s due process rights and the Code of Student Conduct because Simpson, Director of the Office of Student Conduct, withheld critical evidence and witness questions from the Panel. After a second hearing, the Panel again found Doe had violated the policy. The UAB reversed, finding due process errors, including improper partitioning of Doe and his advisors from the student, denying Doe the “supplemental proceeding” described in the Code, and ex parte communications between the student, Simpson, and the Panel. A third hearing was scheduled, but Doe sought an injunction, citing 42 U.S.C. 1983, and Title IX of the Education Amendments Act, 20 U.S.C. 1681. Defendants argued that any constitutional problems would be cured in the third hearing, with new procedures. The court granted Defendants’ request that the court abstain from providing injunctive relief under Younger and held that Simpson was entitled to qualified immunity. The Sixth Circuit affirmed the abstention decision, reversed as to Simpson, and instructed the court to stay the case pending completion of the University proceedings. View "Doe v. University of Kentucky" on Justia Law