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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 31, 2005

Today's topics:  8th Amendment: deliberate indifference, immigration: adverse credibility finding

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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U.S. Sixth Circuit Court of Appeals:  Ohio Cases
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U.S. Sixth Circuit Court of Appeals: Other States Cases
Hassan v. Gonzales (March 31, 2005)(Appeal from Board of Immigration Appeals (MI))
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0153p-06.pdf
Hassan was denied asylum and withholding of removal by an immigration judge, who was affirmed by the Board of Immigration Appeals. Hassan sought a petition for review. Denied, finding that BIA streamlining "affirmance without opinion" was appropriate and the evidence supports an adverse credibility finding.

Talal v. White (March 31, 2005) (Appeal from M.D. Tenn.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0154p-06.pdf
Talal was imprisoned in a state prison, where he was housed in a non-smoking unit because of an allergy to tobacco smoke. He sued the Tennessee Department of Corrections, alleging that guards provided tobacco and allowed smoking in the non-smoking areas, in violation of the 8th Amendment, as well as retaliating in violation of the 1st and 14th amendments. The district court dismissed the case for failure to state a claim. Affirmed in part, but reversed on the 8th Amendment claim because Talal met both objective and subjective prongs of deliberate indifference, and remanded.

 

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