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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April 18, 2005

Today's topics:  Due Process, Equal Credit Opportunity Act, Equal Protection Clause, sentence enhancement improper

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

Ohio Supreme Court

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First District Court of Appeals

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

Golden v. City of Columbus (April 18, 2005) (Appeal from S.D. Ohio)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0179p-06.pdf 
Kimberly M. Skaggs (Equal Justice Foundation), appellant; Susan E. Ashbrook (City Attorney), appellee
Columbus allowed tenants to be billed directly for their water and Golden's landlord had an agreement with the previous tenant that directly billed the tenant for water usage. Bills and then delinquency notices came in the former tenants name to Golden's apartment until the water was finally shut off. A series of water resumption and terminations continued. Golden filed a class-action complaint, based on §1983, alleging that the City's practice of terminating tenant's water service without notice and hearing was a due process violation. She also argued that the City's policy, which denied a new tenant's ability to get water when the premises were encumbered by unpaid bills of a former tenant, violated the Equal Protection Clause and Equal Credit Opportunity Act. The district court granted summary judgment in favor of the City on all counts. Affirmed dismissal of due process and ECOA claims, but reversed equal protection clause claim, because City's policy to terminate tenant's water service is not a rational means to collect landlord's water service debt.
 

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

United States v. Yagar (April 18, 2005) (Appeal from W.D. Tenn.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0180p-06.pdf
Yagar appealed her sentence for theft of mail, arguing that the district court should not have used two sentence enhancements. The government cross-appealed, arguing that the district court erred in using a two-level enhancement rather than a four-level enhancement. Vacated and remanded for resentencing, because court relied on judge-found facts (Booker) and that neither a two-level nor a four-level enhancement should be applied, due to lack of evidence.
 

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