Daily Case Update Archive

As a service to our members, we monitor opinions issued from the Ohio Supreme Court, the Ohio State First District Court of Appeals, and the United States Sixth Circuit Court of Appeals.  You can read the latest summaries or archived summaries from 2005 or 2006.

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March 21, 2005

Today's topics:  §1983, exhaustion of state claims, habeas corpus relief, national origin discrimination, religious discrimination, securities arbitration

Ohio Supreme Court | Ohio First District | U.S. 6th Circuit - Ohio | U.S. 6th Circuit - Other States

Ohio Supreme Court

No opinions.

First District Court of Appeals

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No opinions.

U.S. Sixth Circuit Court of Appeals:  Ohio Cases

Turner v. Bagley (March 21, 2005) (Appeal from N.D. Ohio)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0139p-06.pdf
Turner appealed the denial of his petition for a writ of habeas corpus, arguing that the exhaustion requirement, that all state remedies be exhausted, be excused. The district court denied the petition despite a magistrate's recommendation that it be excused, because it had taken over 10 years for Turner's appeals to be processed through ineffective assistance of counsel. Reversed, because excusal of exhaustion was appropriate when state remedies were ineffective or inadequate, and late affirmation of conviction and parole do not render issue moot.

*** UNREPORTED ***
Available at Law Library or through your online case law service

Arthur v. Baker (March 18, 2005) (Appeal from N.D. Ohio)
Case No. 03-4149
Baker sued under the Americans with Disabilities Act. District court granted summary judgment because Baker failed to show that he was "disabled" under the ADA or Ohio law. Affirmed.

Wachovia Securities Inc. v. Gangale (March 16, 2005) (Appeal from N.D. Ohio)
Case No. 03-4441, 03-4628, 03-4462, 03-4625
Wachovia appealed summary judgment and a second finding in its favor in a securities arbitration case against Gangale. Affirmed.

 

U.S. Sixth Circuit Court of Appeals: Other States Cases

Ross v. Duggan (March 21, 2005) (Appeal from E.D. Mich.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0140p-06.pdf
Ross and others had cars impounded as part of prostitution solicitation sting and sued the Wayne County (MI) prosecutor and chief of police for punitive forfeiture and other claims based on 42 USC § 1983. The district court granted summary judgment, finding that the defendants had acted appropriately under state and Federal law, and that the plaintiffs' theory, that the Michigan Nuisance Abatement law were unconstitutional as applied, didn't support a claim. Affirmed.

*** UNREPORTED ***
Available at Law Library or through your online case law service

Hussain v. Highgate Hotels, Inc. (March 18, 2005) (Appeal from W.D. Mich.)
Case No. 03-2373
Hussain sued based on religious and national origin discrimination under Michigan civil rights laws. District court granted summary judgment. Affirmed.
 

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