Justia Civil Rights Opinion Summaries

When the state called Blackwell to testify at Miller's trial for the 1995 murder of Rice, she claimed that she could not remember anything about the day in question. Out of the jury’s presence, the judge sent Blackwell to jail to read statements that she had given to police shortly after the murder and notes that Miller’s investigator took when speaking with her. Blackwell returned to court and testified, consistently with her police statement, that the morning after the murder, she saw Miller in a car that looked like Rice’s and that Miller told her that Rice was dead before anyone else could have known. During cross-examination, Miller’s attorney asked Blackwell how she had regained her memory. Blackwell replied: “I don’t want to go to jail.”The Tennessee Court of Criminal Appeals ordered a new trial. Blackwell was unavailable. Rather than allow all of Blackwell’s testimony to be read to the jury, the court carved “any reference of incarceration or intimidation.” The jury never heard Blackwell’s statement that she did not want to go to jail. The rest of the prosecution’s case relied heavily on the testimony of a single eyewitness, who had credibility problems. Convicted, Miller received a life sentence. The Tennessee Court of Criminal Appeals rejected Miller’s claim that the court erred in admitting Blackwell’s redacted testimony.The Sixth Circuit reversed a denial of habeas corpus relief. Confrontation of an adverse witness necessarily entails that the trier of fact be allowed to learn the material results of that confrontation. The Tennessee Court of Criminal Appeals' application of Supreme Court Confrontation Clause jurisprudence was objectively unreasonable. View "Miller v. Genovese" on Justia Law

The Shelby County Sheriff’s Department dispatcher alerted three deputies that a 911 caller, Nancy Lewellyn, had told the dispatcher that she was suicidal, that she had a gun (possibly a .45 caliber pistol), and that she would kill anyone who came to her residence. Each squad car was equipped with a dashboard camera, which recorded video, sound, and the time of day. At 12:14 p.m., Lewellyn walked outside and turned toward her driveway, carrying in her right hand a BB handgun that resembled a .45 caliber pistol. She began to raise that handgun. The deputies yelled to her then fired shots. Lewellyn continued walking with her right arm extended and the pistol pointing toward her car, Lewellyn leaned on its hood briefly, then turned back toward the house. The shooting continued. Llewellyn collapsed; 11 seconds had elapsed since she exited her house. Ten shots were fired. Lewellyn had deposited the handgun on the sedan’s hood before turning back. The deputies approached and discovered that she was unarmed. Lewellyn died at the scene.In a suit under 42 U.S.C. 1983, the district court rejected the deputies’ claims of qualified immunity. The Sixth Circuit vacated. The reasonableness of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than in hindsight. The “facts and circumstances” support the deputies’ contention that reasonable officers would perceive that Lewellyn posed an immediate threat to their safety. View "Cunningham v. Shelby County" on Justia Law

Ohio H.B. 214, signed into law in 2017, prohibits any person from purposefully performing or inducing or attempting to perform or induce an abortion if the person has knowledge that the pregnant woman is seeking the abortion, in whole or in part, because of a test result indicating or a prenatal diagnosis of Down Syndrome in an unborn child or “any other reason to believe” that an unborn child has Down Syndrome, Ohio Rev. Code 2919.10(B). Violations constitute fourth-degree felonies. The law requires the state medical board to revoke the license of a physician who violates it and makes that physician liable for damages. The performing physician must attest in writing that he is not aware that fetal Down Syndrome is a reason for the woman’s decision to terminate.The Sixth Circuit initially affirmed the entry of a preliminary injunction but, on rehearing, en banc, reversed, reasoning that the restrictions imposed, or burdens created, by H.B. 214 do not create a substantial obstacle to a woman’s ability to choose or obtain an abortion. The restrictions are reasonably related to, and further, Ohio’s legitimate interests. The right to an abortion, even before viability, is not absolute. The “right” actually implicated or affected here is not the woman’s right merely to obtain an abortion; the court focused on the doctor’s “knowing” participation in the Down-syndrome stigmatic decision-making. View "Preterm-Cleveland v. McCloud" on Justia Law

At 1:20 a.m., Harden, an African-American, went to buy beer at a Thornton store, where a uniformed Heritage Creek police officer, Hillman, provided security. The clerk told Harden, “I think you’ve had too much to drink already.” Harden left but returned. Hillman allegedly slammed him down onto the floor. Harden requested medical attention and was transported to the hospital, where he was cited for disorderly conduct, resisting arrest, and public intoxication, then released. The charges were dismissed after Hillman failed to appear.Harden's claims against Thornton and Heritage Creek were dismissed. Harden’s excessive force claim against Hillman was rejected by a jury. Harden first unsuccessfully sought a new trial based on the court’s refusal to order the Marshals Service to serve his subpoenas and on Hillman’s counsel allegedly making improper arguments to the jury.Harden’s counsel obtained permission to contact a juror post-trial. That juror claimed that Harden did not get a fair trial because of his race and that another juror concealed from the judge that he was related to a police officer. The court denied Harden’s second motion for a new trial.The Sixth Circuit affirmed summary judgment on Harden’s claim that he was arrested without probable cause and the order denying Harden’s first motion for a new trial but vacated the denial of the second motion. The juror’s affidavit showed that jurors made statements exhibiting overt racial bias that cast serious doubt on the fairness and impartiality of the jury’s deliberations and resulting verdict. View "Harden v. Hillman" on Justia Law

In 2005, Pouncy opted to represent himself and was convicted of four counts of carjacking, four counts of armed robbery, and three firearm counts. He was sentenced to 586-824 months' imprisonment. The Michigan Court of Appeals affirmed, rejecting Pouncy’s argument that he had not knowingly and voluntarily waived his right to counsel. In 2013, Pouncy filed a federal habeas corpus petition, arguing that the state courts erred in allowing him to represent himself. In 2016, the district court granted a conditional writ. While Michigan's appeal proceeded, the district court released Pouncy on bond. After his release, Pouncy tried to enter the chambers of the judge who presided over his trial; later Michigan charged him with possessing a firearm and ammunition as a felon. The court revoked bail.In 2017, the Sixth Circuit reversed the grant of habeas relief and remanded for consideration of Pouncy’s other claims. A cell phone was subsequently found in Pouncy’s cell, containing messages, suggesting that Pouncy had paid $10,000 to secure false testimony in his federal habeas proceeding. The district court declined to dismiss the petition in full. When the COVID-19 pandemic began, Pouncy unsuccessfully sought release on bond pending review of his petition. When the pandemic worsened, Pouncy unsuccessfully asked for bail again. The Sixth Circuit affirmed. The district court reasonably concluded that the “interests of justice” did not support Pouncy’s release, given the “looming reality” of his conduct, which included time-consuming collateral litigation. View "Pouncy v. Palmer" on Justia Law

Michigan allows independent candidates for statewide office to be placed on the general election ballot if the candidate submits a “qualifying petition,” with at least 30,000 valid signatures, submitted no later than “the one hundred-tenth day before the general election,” signed by at least 100 registered voters in each of at least half of Michigan’s 14 congressional districts. Signatures must be obtained within 180 days of the filing deadline. The filing deadline for the November 2018 election was July 19, 2018. The official process for an independent candidate trying to run for attorney general in that election began in January 2018. Major political parties do not choose attorney general candidates by primary election, but at conventions, “not less than 60 days before" the general election. The Republican and Democratic Parties held their nominating conventions in August 2018. Graveline began his attempt to qualify for the ballot in June 2018. Graveline served as an Assistant U.S. Attorney; the Hatch Act required him to resign before formally filing as a candidate for an elected office. Graveline collected 14,157 signatures, using 1,000 hours of volunteer time and spending $38,000. The state rejected his petition.The district court enjoined the enforcement of the statute as violating the First and Fourteenth Amendments and implemented an interim requirement allowing independent candidates to qualify for statewide offices by submitting a qualifying petition with 12,000 signatures. The Sixth Circuit affirmed. The challenged provisions, in combination, impose a severe burden on the constitutional rights of independent candidates and their potential voter-supporters. The provisions are not narrowly drawn to advance compelling state interests. The district court did not abuse its discretion in crafting its remedy. View "Graveline v. Benson" on Justia Law

Meriwether, a Shawnee State University professor, is a devout Christian. In 2016, Shawnee told faculty to refer to students by their preferred pronouns. Meriwether’s department chair was dismissive of Meriwether’s concerns and religious beliefs. In 2018, Meriwether called on “Doe,” saying "Yes, sir." According to Meriwether, “no one . . . would have assumed that [Doe] was female.” Doe demanded that Meriwether “refer to [Doe] as a woman.” Meriwether believed that his sincerely-held religious beliefs prevented him from communicating messages about gender identity that he believes to be false. Doe became threatening. Meriwether reported the incident. Meriwether was advised to “eliminate all sex-based references.” Meriwether later accidentally referred to Doe as “Mr.” before immediately correcting himself. Doe again complained. Meriwether subsequently used only Doe’s last name, and awarded Doe a high grade. Meriwether continued to seek accommodation of his religious views; Shawnee would not compromise. The Title IX office concluded that Meriwether created a hostile environment without mentioning Meriwether’s religious beliefs. Shawnee placed a warning in Meriwether’s file. The faculty union filed an unsuccessful grievance.The Sixth Circuit reversed the dismissal of Meriwether’s suit. Meriwether has plausibly alleged that Shawnee violated his First Amendment rights by compelling his speech or silence and casting a pall of orthodoxy over the classroom. Meriwether was speaking on a matter of public concern; Shawnee’s interest in punishing Meriwether’s speech is comparatively weak. Shawnee exhibited hostility to his religious beliefs and irregularities in its adjudication and investigation processes permit a plausible inference of non-neutrality. View "Meriwether v. Hartop" on Justia Law

In 2018, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) promulgated a rule that classified bump stocks as machine guns, reversing its previous position. Bump stocks are devices designed to assist the shooter in “bump firing,” a technique that increases a semiautomatic firearm’s rate of fire. In a challenge to the rule, 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 reversed. Section 5845(b)'s definition of a machine gun applies to a machine-gun ban carrying criminal culpability and penalties; an agency’s interpretation of a criminal statute is not entitled to Chevron deference. Deference to an agency’s interpretation of a criminal statute directly conflicts with the rule of lenity, would violate the Constitution’s separation of powers, and would raise individual liberty and fair notice concerns. ATF’s rule is not the best interpretation of section 5845(b); “single function of the trigger” refers to the mechanical process of the trigger and a bump stock does not enable a semiautomatic firearm to fire more than one shot each time the trigger is pulled. View "Gun Owners of America, Inc. v. Garland" on Justia Law

Wright, a member of a motorcycle gang, distributed cocaine. When Wright’s co-conspirator, Moore, fought with other members of the conspiracy, Wright agreed to kill him for $50,000, drove to Ohio, and shot Moore in the head while he slept. Wright and his co-conspirators used a welding torch to destroy evidence, which they dumped into Lake Huron. Wright later helped steal several airplanes because he and his co-conspirators had stolen drugs belonging to the Medellín Cartel and needed to repay them. One plane belonged to the U.S. Forestry Service. Federal agents eventually arrested Wright and his co-conspirators. The co-conspirators cooperated; Wright was convicted of murder for hire, interstate travel in aid of a violent crime, and conspiracy to possess with intent to distribute and to distribute cocaine and was sentenced to two terms of life imprisonment, plus five years.Nineteen years into his sentence, Wright sought compassionate release, citing the COVID-19 pandemic and health problems, including obesity, cataracts, diabetes, end-stage renal disease, and peripheral vascular disease, which has led to several amputations. Collectively, the illnesses are terminal. The Sixth Circuit affirmed the denial of relief. The 18 U.S.C. 3553(a) sentencing factors did not warrant relief. The district court acknowledged Wright’s recent remorse, health problems, and rehabilitative efforts, but found that other considerations— his criminal history and disciplinary violations—outweighed these factors. View "United States v. Wright" on Justia Law

In 2012, Manso-Zamora was convicted of conspiring to commit Hobbs Act robbery, three Hobbs Act robberies, and three counts of possessing and brandishing or discharging a firearm in furtherance of those robberies, and was sentenced to 776 months' imprisonment. In 2020, Manso-Zamora sought release under 18 U.S.C. 3582(c)(1), asserting that he was at high risk of severe illness or death from COVID-19. He was hospitalized for several weeks in 2019 for bone marrow aplastic anemia, inflammatory bowel disease, and low white blood cells and platelets. He noted his rehabilitation efforts and that, had he been sentenced under the 2018 First Step Act, he would not have been subject to mandatory consecutive 300-month sentences for his firearm convictions. The district court denied the motion. The Sixth Circuit allowed appointed counsel to withdraw and directed the clerk to appoint new counsel, then declined to consider Manso-Zamora’s pro se motions to voluntarily dismiss his appeal and to appoint a medical expert. Prisoners have no constitutional right to counsel in collateral post-conviction proceedings or in section 3582(c) proceedings. The "Anders" procedures are not required in section 3582(c) proceedings. Counsel is entitled to withdraw to honor his ethical obligation not to pursue a claim that he honestly believes to be frivolous. Given that Manso-Zamora and his attorney “disagree” about his medical conditions, it would be “unreasonable” to compel that attorney to continue providing services. View "United States v. Manso-Zamora" on Justia Law