United States Sixth Circuit - September 2002 Opinion Summaries

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Description Date Docket #

HARDAWAY v. WITHROW

United States Sixth Circuit
Criminal Law & Procedure, Habeas Corpus
Michigan Court of Appeals properly found that a trial judge had not given the jury a new and different instruction on manslaughter, and the jury was...
09/30/2002 01-1456/1506

MICHIGAN BELL TEL. CO. v. STRAND

United States Sixth Circuit
Administrative Law, Communications Law, Contracts
An Incumbent Local Exchange Carrier (ILEC) failed to show that the Michigan Public Service Commission acted arbitrarily or capriciously in determining...
09/30/2002 00-1349

HOPSON v. DAIMLERCHRYSLER CORP.

United States Sixth Circuit
Civil Rights, Labor & Employment Law
Where plaintiff raised a genuine issue of material fact as to whether defendant's proffered reasons for its employment actions were pretextual,...
09/30/2002 01-1192

OVERSTREET v. LEXINGTON-FAYETTE URBAN COUNTY GOV'T

United States Sixth Circuit
Constitutional Law, Property Law & Real Estate, Remedies
A temporary injunction was properly denied where claims, that a Real Property Policy and Disclosure Form constitutes an invasion of privacy and an...
09/30/2002 00-6635

US v. TOWNSEND

United States Sixth Circuit
Criminal Law & Procedure
Police officers lacked reasonable suspicion to detain defendants until a canine unit arrived, based on a combination of factors before the officers,...
09/27/2002 00-4608

FORD v. GEN. MOTORS CORP.

United States Sixth Circuit
Civil Rights, Labor & Employment Law
An employee's retaliation claim was actionable where an increased workload, heightened scrutiny, and constructive discharge constituted materially...
09/27/2002 01-5060

US v. CHAPMAN

United States Sixth Circuit
Criminal Law & Procedure, Sentencing
Police officers observed articulable facts providing reasonable suspicion for a Terry stop, and district court's holding defendant responsible for a...
09/26/2002 00-6555

MILLER v. COLLINS

United States Sixth Circuit
Criminal Law & Procedure, Habeas Corpus
Due to petitioner's lack of notice, his diligence in pursuing his claims, and Ohio's failure to argue prejudice, the 28 U.S.C. section 2244 one-year...
09/26/2002 00-3656

JOHNSON v. CITY OF CINCINNATI

United States Sixth Circuit
Constitutional Law
The right to travel locally through public spaces and roadways is secured by substantive due process, and is protected by the U.S. Constitution. A...
09/26/2002 00-4477

SKOUSEN v. BRIGHTON HIGH SCHOOL

United States Sixth Circuit
Civil Rights, Criminal Law & Procedure
Denial of a state trooper's motion for summary judgment on qualified immunity, in a 42 U.S.C. section 1983 action, was erroneous because 1)the defense...
09/26/2002 00-2170