6th Circuit

Raimey v. City of Niles, Ohio

Submitted by Re'Neisha Stevenson on Thu, 08/17/2023 - 17:14

Reasonable officer would not have had reason to believe that suspect fleeing in his vehicle because of a warrant for his arrest posed a threat of serious physical harm to officers or others where suspect was driving very slowly and braking to comply with officer's orders to stop, officer was either not in the path of the vehicle or could easily have stepped away, and none of the officers involved saw suspect drive in a reckless or dangerous manner; officer's use of deadly force by shooting at suspect in his vehicle violated suspect's Fourth Amendment rights; no qualified immunit

Brown v. Knapp

Submitted by Re'Neisha Stevenson on Wed, 08/16/2023 - 10:58

Fact that particular officer did not physically perform arrest at issue did not preclude officer from obligation, under Michigan law, to ensure arrestee received probable cause hearing; fact that multiple police officers were involved in arrest did not constitute extraordinary circumstances that could merit detention of arrestee past 48 hours without probable cause hearing.

Howell v. NaphCare, Inc.

Submitted by Re'Neisha Stevenson on Thu, 06/15/2023 - 10:13

Pretrial detainee in sickle cell crisis was not transported to hospital, but strapped in restraint chair with minimal observation and died four hours later; crisis was objectively serious medical need; issue of fact as to whether nurse acted recklessly in failing to send detainee to E.R.

Rieves v. Town of Smyrna, Tenn.

Submitted by Re'Neisha Stevenson on Fri, 06/09/2023 - 15:28

Coordinated raids by county and town officers on 23 stores for selling CBD, despite fact it was legal under both state and federal law; district court dismissed conspiracy claim against county defendants on ground they were not sufficient “personally involved” in some aspects of investigation; in good discussion of conspiracy liability, court rejects “personal involvement” requirement.

Jackson v. City of Cleveland

Submitted by Re'Neisha Stevenson on Tue, 05/16/2023 - 13:20

In outrageous qualified immunity decision, court denies absolute immunity but affords qualified immunity to prosecutor who redacted exculpatory information from exoneree’s file, thus interfering with his access to courts claim, because it was not clearly established that redacting exculpatory evidence in response to a public records request violated constitutional or statutory law.

Howell v. HaphCare, Inc.

Submitted by Re'Neisha Stevenson on Tue, 05/16/2023 - 13:12

Sickle cell crisis was objectively serious medical need; fact issues precluded summary judgment for nurse who failed to send detainee to ER and officer who failed complete required checks on detainee in restraint chair; other nurse’s conduct of failing to call doctor or perform further checks on detainee in restraint chair was not deliberate indifference.

Chambers v. Sanders

Submitted by Re'Neisha Stevenson on Tue, 04/11/2023 - 14:40

In suit by children of wrongfully convicted father, court holds substantive due process right to family integrity is not implicated whenever a state deprives a child of interaction with parent through wrongful incarceration; claim requires that official act with culpable state of mind directed at family relationship.

Helphenstine v. Lewis Co., Kentucky

Submitted by Re'Neisha Stevenson on Tue, 03/14/2023 - 14:46

Pretrial detainee in withdrawal from alcohol or drugs with severe vomiting and diarrhea, treated only with two doses of antiemetics prescribed by fax by doctor who never saw him died five days after arrest; court reviews impact of Kingsley on standard and concludes elements for pretrial detainee’s claim are now: “(1) that [plaintiff] had a sufficiently serious medical need and (2) that each defendant acted deliberately (not accidentally), [and] also recklessly in the face of an unjustifiably high risk of harm that is either known or so obvious that it should be known”;

Puskas v. Delaware Co., Ohio

Submitted by Re'Neisha Stevenson on Tue, 01/24/2023 - 10:35

Deploying dog against domestic violence suspect not excessive, where officers warned suspect dog would bite and suspect ran to house where weapons were stored; failure to use tasers did not render use of dog excessive, “Fourth Amendment does not require officers to use the best technique available as long as their method is reasonable under the circumstances”; use of deadly force against suspect after he picked up pistol was not excessive.