20 results for 'judge:"Readler"'.
J. Readler finds the immigration panel properly determined the class of "mistreated women" proposed by the El Salvadoran immigrant did not constitute a distinct social group protected under U.S. immigration law. Although they suffer from mistreatment at the hands of gangs, the group is overly broad and is not distinct from other sets of individuals in the country. However, the panel failed to provide any analysis of its decision to deny protected social group status to the immigrant's family; therefore, the case must be remanded for proper analysis of that social group and whether it entitles the immigrant to protection from removal. Affirmed in part.
Court: 6th Circuit, Judge: Readler, Filed On: March 15, 2024, Case #: 21-3334, Categories: Evidence, Government, Immigration
J. Readler denies the Mexican immigrant's petition for review of the Board of Immigration Appeals' denial of her asylum application, ruling "restaurant owner" is not a particular social group that can be afforded relief from deportation. Although the immigrant was harassed and threatened by gangs shortly after she opened her restaurant in Mexico, "business owners" is not a definable group and has no unifying characteristic that could render it protected under federal immigration; therefore, the board properly denied her application. Affirmed.
Court: 6th Circuit, Judge: Readler, Filed On: March 4, 2024, Case #: 23-3664, Categories: Evidence, Immigration
J. Readler finds the lower court properly dismissed the released inmate's lawsuit against the parole board members on the grounds of absolute immunity. Their decision to deny an early parole hearing based on changes in Tennessee law involved quasi-judicial authority that bars any suit for damages. Affirmed.
Court: 6th Circuit, Judge: Readler, Filed On: February 15, 2024, Case #: 22-6004, Categories: Parole, Due Process
J. Readler finds the lower court properly granted the nursing home's motion for summary judgment because the estate's failure to obtain a medical expert witness with familiarity of the standard of care required for patients in Memphis precluded the medical malpractice action. Tennessee law requires an expert witness with knowledge of local standards of care for individuals who pursue medical malpractice actions, and the estate's witness admitted he was familiar only with a national standard, which was insufficient to allow the action to proceed. Affirmed.
Court: 6th Circuit, Judge: Readler, Filed On: January 22, 2024, Case #: 23-5527, Categories: Experts, Wrongful Death, Medical Malpractice
J. Readler finds the lower court properly granted the police officers' motion for summary judgment. Although the amount of marijuana possessed by the wife in her bedroom was within legal limits, her claim to have no knowledge of her husband's grow operation in their detached garage, which yielded 25 additional pounds of marijuana, was unreasonable and gave the officers probable cause to arrest her. Additionally, the home contained at least six firearms, a large quantity of cash and other items indicative of a drug trafficking operation, which put further scrutiny on the wife's story and was more than sufficient for the officers to assume she had at least some control over the operation and its drug output. Affirmed.
Court: 6th Circuit, Judge: Readler, Filed On: January 18, 2024, Case #: 23-1246, Categories: Civil Rights, Evidence
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J. Readler finds the lower court properly reduced the disabled patron's attorney fees from his requested amount of over $46,000 to $12,000. Its decision was based on substantial analysis of the attorney's performance, which was below average and included excessive filings that artificially inflated the amount of hours worked. Affirmed.
Court: 6th Circuit, Judge: Readler, Filed On: December 5, 2023, Case #: 23-1316, Categories: Ada / Rehabilitation Act, Attorney Fees
J. Readler finds the trial court properly denied defendant's motion to exclude testimony from the arresting officer about his experience in identifying firearms. The testimony was highly relevant to the case and whether the gun found by the officer inside the home was the same as the one he saw on defendant's hip when he began his pursuit. Furthermore, defendant's conviction for attempted witness tampering was supported by sufficient evidence, including his jail phone call to a friend that included instructions to attempt to pay the owners of the home in which defendant hid the weapon, which was a substantial step toward the completion of the tampering. Affirmed.
Court: 6th Circuit, Judge: Readler, Filed On: December 4, 2023, Case #: 22-2129, Categories: Evidence, Firearms, Witnesses
J. Readler finds the lower court properly denied defendant's motion to suppress in his fraud and identity theft case. The lack of coercive behavior on the part of the police officer and defendant's cooperation with the request to hand over his wallet following a search of his vehicle rendered the search of the wallet, which yielded altered and stolen credit cards, consensual. Affirmed.
Court: 6th Circuit, Judge: Readler, Filed On: November 17, 2023, Case #: 22-5902, Categories: Fraud, Search
J. Readler finds the trial court properly classified defendant as a career offender when it sentenced him on drug convictions. His previous sentences were imposed for similar crimes that involved separate arrests and could not be combined under sentencing guidelines to count as a single offense. Affirmed.
Court: 6th Circuit, Judge: Readler, Filed On: November 6, 2023, Case #: 22-5837, Categories: Drug Offender, Sentencing
J. Readler finds the lower court erroneously denied the prison officials' request for immunity on an inmate's Eighth Amendment claims. While the inmate served a longer sentence than the one listed in his plea agreement based on improper time served calculations, the prison officials are immune, as they were merely enforced the sentencing order issued by the trial court. The inmate failed to appeal either of the trial court's decisions that imposed the incorrect sentence and the officials' administration of the judgment of conviction and compliance with typical Kentucky sentencing procedures was not deliberate indifference. Reversed.
Court: 6th Circuit, Judge: Readler, Filed On: October 30, 2023, Case #: 22-5121, Categories: Robbery, Sentencing, Plea
J. Readler finds the lower court erroneously granted the school officials' motion for qualified immunity on retaliation claims filed by a softball player's father. While educators and school districts may impose certain restrictions on the First Amendment rights of students to protect educational activities, those restrictions do not extend to parents. Caselaw has clearly established school officials may not retaliate against parents for their speech, and while the father's texts to the coach about his daughter's playing time may have been disruptive, the one-week ban from games could be considered retaliatory. Reversed in part.
Court: 6th Circuit, Judge: Readler, Filed On: August 25, 2023, Case #: 21-1824, Categories: Education, Immunity, First Amendment
J. Readler finds that defendant was properly sentenced as an armed career criminal. All of his previous drug trafficking and robbery convictions qualify as crimes of violence under the relevant statute and required a 15-year minimum sentence for his most recent firearm possession conviction. Affirmed.
Court: 6th Circuit, Judge: Readler, Filed On: August 10, 2023, Case #: 22-5567, Categories: Firearms, Sentencing
J. Readler finds that the lower court properly dismissed the ERISA claims brought by the injured driver on behalf of other plan members and the plan itself because his speculative allegations about the insurance company's scheme to collect reimbursement payments that were not actually included in the plan lack the specificity necessary to establish standing. However, the fiduciary duty and prohibited transaction claims brought solely by the injured driver were improperly dismissed because they were both equitable claims under ERISA and the $25,000 can be adequately traced by the driver after he settled with and reimbursed the insurance company. Reversed in part.
Court: 6th Circuit, Judge: Readler, Filed On: August 1, 2023, Case #: 22-3167, Categories: Erisa, Insurance, Contract
J. Readler finds that the lower court properly denied defendant’s motion to suppress evidence discovered during a search of his vehicle following a law enforcement stop. Defendant was convicted of firearm and drug-related offenses. As there was reasonable suspicion supporting the investigatory stop of defendant’s car, the search was lawful. Affirmed.
Court: 6th Circuit, Judge: Readler, Filed On: July 24, 2023, Case #: 22-1055, Categories: Evidence
J. Readler finds the lower court properly granted Prudential's motion for summary judgment in a misappropriation case. The lack of a confidentiality agreement between the creators of the annuity product and Nationwide Insurance prevents any misappropriation claim being brought against Prudential, which launched a similar annuity product shortly after several Nationwide employees accepted jobs there. Affirmed.
Court: 6th Circuit, Judge: Readler, Filed On: July 17, 2023, Case #: 22-3736, Categories: Trade Secrets, Contract
J. Readler finds that although the prosecutor's actions led to the destruction of potentially exculpatory evidence in a murder case against a now-deceased individual, the lower court properly granted her motion for prosecutorial immunity because there was an ongoing prosecution at the time she directed a witness to destroy several letters, which is enough of a prosecutorial function to warrant immunity. Meanwhile, the lack of concrete evidence that officials coerced a witness to fabricate claims against the decedent allowed the court to grant immunity to those officials, as the evidence in the record does not support the estate's fabrication of evidence claim. Affirmed.
Court: 6th Circuit, Judge: Readler, Filed On: July 5, 2023, Case #: 21-6076, Categories: Civil Rights, Immunity, Due Process
J. Readler finds the lower court properly granted the bank's motion for summary judgment, as its decision to certify two cashier's checks to the farmer after he was denied crop insurance coverage was a mistake under the Tennessee Commercial Code that entitled it to restitution. The teller was rushed by the farmer during his transaction and failed to check the insurance company's account prior to issuing the cashier's checks, a factual circumstance clearly covered by the definition of "mistake" in the code, while the farmer's failure to exchange anything in return for the original checks also negated the chance they were given in good faith. Affirmed.
Court: 6th Circuit, Judge: Readler, Filed On: June 26, 2023, Case #: 22-5238, Categories: Agriculture, Banking / Lending
J. Readler finds evidence that indicates the employee could perform some work functions, including the lack of pain after several physical therapy sessions, supports the lower court's decision to uphold the denial of long-term disability benefits. The employee failed to meet the standard required by her insurance plan, which includes proof of a continuous, 180-day inability to perform the duties of her job. Affirmed.
Court: 6th Circuit, Judge: Readler, Filed On: May 18, 2023, Case #: 22-3369, Categories: Employment, Evidence, Insurance
[Consolidated.] J. Readler finds the lower court properly denied defendants' motion to suppress drug evidence. The arresting officer had reasonable suspicion to prolong the initial traffic stop after one defendant failed to adequately explain his travel plans and destination. The officer knew defendants' vehicle had been in Houston the previous day, and defendant's claim he was headed to Detroit was suspicious because the highway on which he was traveling was several hours out of the way. Therefore, the excessive questioning and prolonged stop did not violate their Fourth Amendment rights. Affirmed.
Court: 6th Circuit, Judge: Readler, Filed On: May 17, 2023, Case #: 22-1024, Categories: Drug Offender, Search