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 , 2006 , 2007 , 2008 , 2009 , 2010.

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April 11, 2005

Today's topics:  §1983, breach of contract, disparate impact, 5th Amendment, Title VII

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

McKinley v. City of Mansfield (April 11, 2005) (Appeal from N.D. Ohio)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0170p-06.pdf 
Kenneth D. Myers, appellant McKinley; Richard P. Goddard (Calfee Halter & Griswold), appellee City
Police officers in Mansfield were suspected of using police scanners to eavesdrop on private citizens' phone calls ("Scannergate"). During the investigation, McKinley was interviewed and, based on his alleged false testimony, was charged with falsification and obstruction of justice. He was convicted but, on appeal, the statements were found to be inadmissible and his convictions vacated. He sued based on § 1983, arguing malicious prosecution in violation of the 4th amendment, and violation of his 5th amendment right to be free from self-incrimination. The district court granted summary judgment to the defendants.  Affirmed dismissal of 4th amendment claims, but reversed and remanded dismissal of 5th amendment, because McKinley has shown sufficient evidence to defeat summary judgment and the issue has not yet been litigated in a prior action.

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

Isabel v. City of Memphis (April 11, 2005) (Appeal from W.D. Tenn.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0169p-06.pdf 
Sergeants in the Memphis Police Department sued under Title VII for engaging in disciminatory promotions, alleging that the cut-off score
for the written test discriminated against African-American candidates.  The district court found for the plaintiffs, awarding promotions and
backpay. The City appealled. Affirmed.

Daily Case Updates