Justia Civil Rights Opinion Summaries

In Ohio, to place an advertising billboard on a highway, you must apply for a permit from the Ohio Department of Transportation (ODOT). Under the “compliance rule,” ODOT will not process a permit application if the applicant has outstanding fees, changes his billboard without prior approval from ODOT, or maintains an illegal advertising billboard. ODOT put Kenjoh’s billboard permits on hold under the compliance rule, alleging that Kenjoh was maintaining an illegal billboard.Kenjoh sued, asserting that the compliance rule was an unconstitutional prior restraint under 42 U.S.C. 1983. The district court dismissed his claims for damages and injunctive relief. The Sixth Circuit vacated. While the case was pending on appeal, the Ohio legislature amended a key definition in the statute, which changes how the regulation applies. Before the amendment, a person needed a permit from ODOT to erect a billboard that was “designed, intended, or used to advertise.” Now, a person needs a permit if he will be paid for placing a message on the billboard, regardless of the message. The court affirmed the grant of qualified immunity to an ODOT supervisor on a claim for damages despite the amendment, based on the law as it existed at the time of the official action. View "Kenjoh Outdoor, LLC v. Marchbanks" on Justia Law

Greene was booked into the Crawford County Jail after having his bond revoked for attending a plea hearing while intoxicated. Over the next four days, Greene began hallucinating and exhibiting other symptoms of delirium tremens, a life-threatening complication of alcohol withdrawal that the Sixth Circuit has recognized as an objectively serious medical need. Greene ultimately suffered acute respiratory failure. He died four days later. Crawford County officials did not provide any medical care to Greene before his incapacitation but only sought a mental health evaluation from a Community Mental Health Authority and purportedly relied on that evaluation in deciding not to seek medical assistance.In a suit under 42 U.S.C. 1983, claiming deliberate indifference to Greene’s medical need and that Crawford County is liable for maintaining an unconstitutional policy of not providing medical care to inmates suffering from delirium tremens, the district court denied qualified immunity at summary judgment to some county officials and denied Crawford County summary judgment. The Sixth Circuit affirmed that the officials were not entitled to qualified immunity. Greene experienced a clearly established life-threatening medical condition for at least two days. The defendants did not provide any medical assistance during that time. The court dismissed Crawford County’s interlocutory appeal for lack of appellate jurisdiction. View "Greene v. Crawford County" on Justia Law

In 2014, Detroit Police Officers arrested Jones and others as they demonstrated outside a city water contractor’s facility, blocking the building’s entrance. A police bus took the protestors to a police station. Jones could not board it because he uses a wheelchair, which the bus was not equipped to handle. Officers called for a cargo van, which did not have a wheelchair lift, and lifted Jones into the van; the ceiling height made it difficult for him to sit up straight and the van lacked restraints. An officer braced his feet against the chair to prevent it from moving. Jones claims that the entry into the van and the jostling of the ensuing trip exacerbated existing injuries and damaged his spine. The state declined to prosecute Jones for disorderly conduct.Jones sued the city and police officers in their individual capacities under the Americans with Disabilities Act, 42 U.S.C. 12101, the Rehabilitation Act, 29 U.S.C. 701, with a claim under 42 U.S.C. 1983, arguing that the officers used excessive force. The Sixth Circuit previously granted qualified immunity to the officers with respect to the excessive-force claims and later affirmed summary judgment in the city’s favor on Jones’s failure-to-accommodate claims. Neither the Americans with Disabilities Act nor the Rehabilitation Act permits a claim of vicarious liability. View "Jones v. City of Detroit" on Justia Law

McCall, who pleaded guilty to a conspiracy charge involving heroin possession and distribution in 2015 and was sentenced to 235 months’ imprisonment, moved for compassionate release. He cited as“extraordinary and compelling circumstances” warranting his release: the COVID-19 pandemic, his rehabilitation efforts, and the Sixth Circuit’s 2019 decision, “Havis” that “attempted” controlled substance offenses do not qualify as predicate offenses for the purpose of the Sentencing Guidelines’ career-offender enhancement and a subsequent holding applying the decision to convictions for conspiracy to distribute controlled substances. He argued that his prior convictions for drug trafficking and assault no longer qualify as predicate offenses for career-offender status, that he has rehabilitated himself, and that the 18 U.S.C. 3553(a) factors favored granting compassionate release. The government argued that McCall raised “generalized fears of contracting COVID-19, without more,” that post-sentence legal developments are not extraordinary, and that McCall poses a danger to the community.The district court denied McCall’s motion in a form order. The Sixth Circuit reversed. The district court suggested that it thought itself unable to rely on nonretroactive changes in sentencing law and abused its discretion by not considering the disparity in McCall’s sentence post-Havis along with his efforts at rehabilitation and the presence of COVID-19. View "United States v. McCall" on Justia Law

The events were recorded by Officer Bierenga’s dashcam and the White Castle surveillance system. Bierenga attempted a traffic stop. After failing to pull over for several blocks, Gordon came upon a red light at a busy intersection and stopped. Bierenga approached Gordon’s car and spoke to him through the window. Bierenga perceived that Gordon was under the influence of something. When the light turned green and the traffic moved forward, Gordon accelerated. Approximately 15 minutes later, Bierenga spotted Gordon's car at the White Castle drive-thru. Bierenga parked in front of Gordon’s car and walked around Gordon’s car with his weapon drawn. Gordon reversed, bumped the car behind him, and drove forward, crashing into Bierenga’s car while Bierenga stood stuck between the cars and the building. As Gordon maneuvered his vehicle. Bierenga approached Gordon’s rolled-down window, pointing his gun. Gordon backed up, turned his wheels away from Bierenga, then attempted to flee. Bierenga yelled “stop,” fired four shots at Gordon, reentered his vehicle, and followed Gordon. Gordon presumably lost consciousness, then crashed into another car. Gordon later died.In a suit under 42 U.S.C. 1983, the district court denied Bierenga’s for summary judgment asserting qualified immunity. The Sixth Circuit reversed; precedent cited by the district court is not similar enough to this case to define “clearly established” law. The plaintiff is unable to point to a case that would place every reasonable officer in Bierenga’s position on notice that his use of force in this specific situation was unlawful. View "Gordon v. Bierenga" on Justia Law

In 2018, ATF promulgated a rule that classified bump stocks as machine guns, reversing its previous position. Bump stocks assist the shooter in “bump firing,” a technique that increases a semiautomatic firearm’s rate of fire. The district court held that the ATF’s interpretation was entitled to Chevron deference and that the classification of bump stocks as machine guns was “a permissible interpretation” of 26 U.S.C. 5845(b). The court denied a preliminary injunction.The Sixth Circuit initially reversed, reasoning that an agency’s interpretation of a criminal statute is not entitled to Chevron deference and that ATF’s rule is not the best interpretation of section 5845(b). On rehearing, en banc, the court divided evenly and, therefore, affirmed the denial of a preliminary injunction. Chevron provides the standard of review, even though the law under consideration has criminal applications. Applying Chevron, Congress has not spoken to the precise question at issue and, after exhausting the traditional tools of statutory construction, section 5845(b) remains ambiguous. ATF’s interpretation of section 5845(b) is a permissible construction of the statute and is reasonable; it is entitled to Chevron deference. Even without applying deference, the Final Rule provides the best interpretation of section 5845(b). View "Gun Owners of America, Inc. v. Garland" on Justia Law

In 1996, two 17-year-olds, Harris and Gaines, approached soldiers at the Fort Campbell Army base. Attempting to rob them, Gaines pulled out a handgun, which discharged. A bullet struck Private Alonso-Caravia, killing him. Harris and Gaines pleaded guilty to aiding and abetting second-degree murder, 18 U.S.C. 2 and 1111, aiding and abetting attempted robbery, 18 U.S.C. 2 and 2111, and aiding and abetting using or carrying a firearm during and in relation to a crime of violence, 18 U.S.C. 2 and 924(c). The district court sentenced Harris to 420 months plus a consecutive 60-month prison term for the section 924(c) conviction.The Sixth Circuit affirmed the denial of his second or successive 28 U.S.C. 2255 motion. Harris argued that the consecutive 60-month sentence must be vacated because it is possible that the court imposed that punishment under the unconstitutionally vague “residual clause” of 18 U.S.C. 924(c)(3)(B) and that the sentence cannot be saved under the “elements clause” of section 924(c)(3)(A) because neither of his other convictions could have been considered a “crime of violence” under then-existing precedent. Harris cannot establish harm that he suffered from any error. At best, Harris can show that the record of his sentencing is silent as to whether the court relied upon 924(c)(3)’s elements clause or residual clause when imposing his sentence. The 18 U.S.C. 2111 crime of aiding and abetting attempted robbery necessarily constitutes a crime of violence under the elements clause. View "Harris v. United States" on Justia Law

Gillispie was convicted of two 1988 rapes and spent more than 20 years in prison before Ohio courts vacated his convictions, based on his claims of failure to disclose exculpatory evidence and actual innocence. Gillispie brought 42 U.S.C. 1983 claims against Moore, the police officer responsible for much of the investigation and the identification of Gillispie as the likely perpetrator. Gillispie alleges that Moore suppressed exculpatory evidence, arranged an unduly suggestive eyewitness identification procedure, fabricated inculpatory evidence, assisted in maliciously prosecuting him, and destroyed exculpatory evidence. Moore claims entitlement to qualified immunity. The district court determined that each of Gillispie’s claims should proceed to trial.The Sixth Circuit dismissed an appeal for lack of jurisdiction. Moore’s argument on appeal is simply a challenge to the district court’s determinations that genuine issues of material fact exist on the core claims. Defendants cannot appeal a denial of a motion for summary judgment based on qualified immunity insofar as that order determines whether the pretrial record sets forth a “genuine” issue of fact for trial. “An appeal choosing to take this tack anyway delays the administration of our justice system and is a waste of judicial resources.” View "Gillispie v. Miami Township" on Justia Law

Elhady, a U.S. citizen returning from Canada, was detained for questioning by border-patrol agents. They took Elhady’s jacket and shoes, leaving him only his shirt, pants, undergarments, and socks. According to Elhady, the cell “got colder and colder,” and he began shivering uncontrollably. He says he yelled to the officers but they told him, “you’ll be out soon.” After about four hours, the officers told him he could leave. He stated he felt too ill to drive. The officers called an ambulance. The EMT noted that Elhady received the highest score on a test that measured his level of consciousness; he had delayed capillary refill, consistent with exposure to the cold. When he reached the hospital, his temperature was 96.08 degrees, barely below the normal range. The physician let him rest. When Elhady woke up, the doctor told him he was “good to go.” Elhady sued several border-patrol officers, seeking monetary damages under “Bivens.”The district court found that extending Bivens to provide an implied cause of action here was appropriate and found enough evidence to show that one officer, Bradley, had violated Elhady’s right to be “free from exposure to severe weather and temperatures,” which was clearly established so that qualified immunity did not protect Bradley. The Sixth Circuit reversed. The district court erred in engaging in the “disfavored judicial activity” of recognizing a new Bivens action. National security is a special factor counseling against extending Bivens to the border context. View "Elhady v. Unidentified CBP Agents" on Justia Law

Hale, charged with failing a drug test while on pretrial diversion in Boyle County, was detained at the Marion County Detention Center ahead of her trial. The Boyle County Sheriff’s Office transported Hale between the counties for her monthly court appearances. Court Security Officer Pennington was the driver. Hale and Pennington repeatedly performed oral sex on each other and had unprotected penetrative vaginal sex in Pennington’s van. Before and during the encounters, Pennington showered Hale with perks—she rode cuffless in his van’s front seat, he bought her sodas, and he allowed her to smoke. He also offered to intervene in Hale’s pending criminal case. Hale gave birth to their child.Hale filed a 42 U.S.C. 1983 suit against Pennington, Boyle County, and Sheriff Robbins. The district court found that Hale’s consenting to sexual contact and intercourse with Pennington negated her constitutional claims, and granted the defendants summary judgment. The Sixth Circuit reversed. Hale’s assertions against Pennington are properly viewed as an excessive-force claim that should be evaluated under an objective test. Hale asserted intimidation and coercion. She presented a genuine dispute of material fact about whether the encounters with Pennington were consensual. View "Hale v. Boyle County" on Justia Law