9th Circuit: Sanctions Under FRCP 45(c)(1) Not Justified Merely Because Party Seeking Discovery Failed to Prevail by In November 2012, the Ninth Circuit reversed a district court’s sanction order granting attorney fees and costs under Fed. R. Civ. P. 45(c)(1), holding that sanctions are inappropriate merely because, during discovery, a …
Michigan Family Donating $2.2 Million Settlement for Police Officer’s Killing of Unarmed Man by The City of Sandusky, Michigan has agreed to pay $2.2 million to settle litigation stemming from one of its police officers unlawfully killing an unarmed man. The man's father said that the money will be donated …
Acklin v. City of Inkster, MI, Complaint excessive force police Melendez, 2013 2:13-cv-13182-GAD-RSW Doc # 1 Filed 07/24/13 Pg 1 of 9 Pg ID 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION DESHAWN ACKLIN Plaintiff, v. CASE NO: HON: CITY OF INKSTER, WILLIAM MELENDEZ, SHAWN ADAMS, JEFFREY …
Allen v. Heyns, MI, Motion and Brief for Summary Disposition, Class Action, Parolable Life Sentences, 2013 STATE OF MICHIGAN IN THE 30TH (INGHAM COUNTY) CIRCUIT COURT ______________________________________________ EDWARD ALLEN, OLIVER HARDY, and MICHAEL WATKINS, on behalf of themselves and all others similarly situated, Plaintiffs, File No. 12-907-CZ v. Hon. Joyce …
Sixth Circuit Reverses Dismissal of Suit Due to Non-Exhaustion and Statute of Limitations by The Sixth Circuit Court of Appeals reversed a lower court's summary judgment order that erroneously dismissed a Michigan prisoner's lawsuit for non-exhaustion and because it was time-barred. On November 30, 2005, Michigan state prisoner Samuel Surles …
Sixth Circuit: Failed Cancer Diagnosis Not Deliberately Indifferent by The Sixth Circuit Court of Appeals has reversed a lower court's denial of qualified immunity to a Michigan prison doctor and nurse accused of failing to diagnose a prisoner's bone cancer. On February 13, 2007, Mound Correctional Facility prisoner Joshua Reilly …
Sixth Circuit Orders Judgment Against Three Defendants in Prisoner's Retaliation Case by The Sixth Circuit Court of Appeals vacated judgments in favor of three prison officials in a prisoner's lawsuit alleging a retaliatory transfer, and ordered that judgment be entered against them. The district court then awarded damages on remand. …
Seventeen Years Pending Re-trial Fails to State Speedy Trial Violation under § 1983 by Seventeen Years Pending Re-trial Fails to State Speedy Trial Violation under § 1983 The Sixth Circuit Court of Appeals has held that a pretrial detainee did not suffer a violation of his Sixth Amendment right to …
Robinson v. Kent Co., MI, Complaint, Jail Methadone Withdrawal, 2013 Case 1:13-cv-00705-RJJ-HWB Doc #1 Filed 06/28/13 Page 1 of 7 Page ID#1 FILED - GR June 28.20132:19 PM In the United States District Court G €...yo.\d TRACEY CORDES. CLERK us DISTRICT COURT WESTERN DISTRICT OF MICHIG~t• .(' 1~e.Y\1 R~X:X~'i3temDiStrictofMichigan BY …
Smith v. Wayne County, MI, R&R to Approve Settlement, Jail Suicide, 2013 2:10-cv-14257-NGE-DRG Doc # 137 Filed 06/20/13 Pg 1 of 44 Pg ID 3976 UNITE D STATES DISTRICT COURT EASTERN DISTRICT O F MICHIGAN SOUTHERN DIVISION GLORIA H. SMITH, el 01., Pl aint iffs, v. C ivil Act ion …
Sixth Circuit Reverses Dismissal of Prisoner's Sexual Orientation Discrimination Suit by The Sixth Circuit Court of Appeals has reversed a district court's dismissal of a prisoner's lawsuit alleging discrimination based on his sexual orientation. Ricky Davis, a gay, insulin-dependent diabetic Michigan state prisoner, was screened, medically cleared and hired by …
Former Michigan Assistant Attorney General Held Liable for Targeting Gay Student by On August 16, 2012, a federal jury in Detroit found Andrew Shirvell, a homophobic former Michigan Assistant Attorney General, guilty of stalking, defamation, intentional infliction of emotional distress and invasion of privacy in a civil lawsuit filed by …
Smith v. County of Lenawee, MI, 2nd Amended Complaint, Wrongful Death - Withdrawal, 2013 2:09-cv-10648-DML-MJH Doc # 169 Filed 05/28/13 Pg 1 of 15 Pg ID 3550 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION BRENDA SUE SMITH, Deceased, By SUETTA SMITH, Personal Representative of the Estate of …
Mandatory Lifetime Monitoring a Direct Consequence of Sex Offense Plea Bargain in Michigan by The Michigan Supreme Court has held that mandatory lifetime electronic monitoring is a direct consequence of a plea to first-degree criminal sexual conduct or second-degree criminal sexual conduct. As such, when a defendant enters a guilty …
Sixth Circuit: Disciplinary Conviction Does Not Bar Excessive Force Claim by Christopher Zoukis Prisoners who claim they were assaulted by guards in violation of the Eighth Amendment are not barred from challenging such abuse in court even if they were found guilty of disciplinary charges in connection with the incident, …
Sixth Circuit Reverses Dismissal of Jail Medical Indifference Suit by Matthew Clarke by Matt Clarke On November 4, 2010, the Sixth Circuit Court of Appeals partially reversed the summary judgment granted to Michigan jail and medical personnel based on fatal deliberate indifference to a prisoner's serious medical needs. Deceased former …
$1 Million Settlement Reached in Michigan Teen Stun Gun Death by A Michigan Court approved a $1 million settlement to a family of a 15 year-old youth who died as a result of being hit with a stun gun by Bay City Police. In March 2009, Bay City Police were …
Sleighter v. Kent Co., MI, Expedited Consideration Request, Jail Methadone Ban, 2013 UNITED STATES OF AMERICA UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION BRADLEY KEITH SLEIGHTER, Plaintiff, Case No. 1:12-cv-1008 Honorable Judge: GORDON J. QUIST v. KENT COUNTY CORRECTIONAL FACILITY ADMINISTRATION, UNDER SHERIFF HESS and …
