6th Circuit

Barrera v. City of Mount Pleasant

Submitted by Re'Neisha Stevenson on Wed, 10/26/2022 - 12:10

Refusal to provide name during investigatory stop gave officers probable cause to arrest for obstructing a police officer in the performance of his duties, citing Hiibel v. Sixth Judicial District Ct. of Nevada, 542 U.S. 177 (2004); this despite the fact that in plaintiff’s criminal case, the Michigan Ct. of Appeals overturned conviction on ground there was no probable cause for arrest.

Brawner v. Scott Co., Tenn.

Submitted by Re'Neisha Stevenson on Wed, 10/26/2022 - 11:30

Pretrial detainee suffered seizures as a result of discontinuance of her medications; court holds that Kingsley requires modification of the subjective prong of deliberate indifferent test; to impose liability, defendant must have acted or failed to act “intentionally to impose the alleged condition, or recklessly failed to act with reasonable care to mitigate the risk that the condition posed to the pretrial detainee even though the defendant-official knew, or should have known, that the condition posed an excessive risk to health or safety”; here jury could find a serious medical

Gerber v. Herskovitz

Submitted by Re'Neisha Stevenson on Wed, 10/26/2022 - 10:21

In suit by members of synagogue against anti-Israel protestors and city, synagogue members had standing (sufficient injury) to bring claims but protestors’ actions on public sidewalks were protected by First Amendment.

Phillips v. Tangilag

Submitted by Re'Neisha Stevenson on Wed, 10/26/2022 - 10:17

Failure to treat convicted prisoner’s lump on his leg due to rupture of plantaris muscle with surgery did not violate his 8th Amendment rights; plaintiff received other care and surgery is not typically performed for that condition; only grossly or woefully inadequate care can be deemed “cruel and unusual” and to prove that generally requires medical evidence, typically expert testimony.

Williams v. Maurer

Submitted by Re'Neisha Stevenson on Wed, 10/26/2022 - 09:05

Reasonable juror could find that warrantless entry into home was not justified by emergency aid exception; anonymous call does not provide objectively reasonable basis; court rejects series of factual arguments by defendant; fact that person who answered door opened it only slightly and used her knee to prevent police from opening it further did not provide cause to enter: “exercising her Fourth Amendment rights can hardly be ground for police to circumvent the core right protected by the Amendment”; absent exigent circumstances warrantless entry into home violated clearly established law;

Williams v. Maurer

Submitted by Re'Neisha Stevenson on Wed, 10/26/2022 - 08:57

Reasonable juror could find that warrantless entry into home was not justified by emergency aid exception; anonymous call does not provide objectively reasonable basis; court rejects series of factual arguments by defendant; fact that person who answered door opened it only slightly and used her knee to prevent police from opening it further did not provide cause to enter: “exercising her Fourth Amendment rights can hardly be ground for police to circumvent the core right protected by the Amendment”; absent exigent circumstances warrantless entry into home violated clearly established law;

Burwell v. City of Lansing, MI

Submitted by Re'Neisha Stevenson on Wed, 10/26/2022 - 08:41

Plaintiff’s decedent was arrested for suspended license violation and three hours after he was booked into jail he was found dead of a drug overdose; objective component that prisoner’s medical need was sufficiently serious was met because he died of multiple drug intoxication; prisoner had an obvious need for medical care where he was bent at the waist, swaying, grabbing his head and midsection, dropping his food, falling to the floor repeatedly, and lying on floor with a pool of vomit around his head; court refuses to reach issue of whether Kingsley eliminated subjective prong be

Clemons v. Couch

Submitted by Re'Neisha Stevenson on Wed, 10/26/2022 - 08:34

Relying on Caniglia, court holds that trooper who entered home without a warrant with estranged wife of son of homeowner to gather her things, over objection of homeowner, committed an unlawful entry; trooper denied qualified immunity although actions predated Caniglia, because previous 6th Circuit law held community caretaking exception to warrant requirement could not be applied except “when delay is reasonably likely to result in injury or ongoing harm to the community at large.