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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June 22, 2006

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

TOPICS:
- United States Constitution - violated the Takings, the Due Process and the Equal Protection Clauses
- Fair Labor Standards Act - overtime pay
- Breach of contract
- Constitutional rights, state-provided rescue services
 

Ohio Supreme Court

 

No Opinion.
 

First District Court of Appeals

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No Opinion.
 

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

 

Davet v. Cleveland (June 22, 2006) (Appeal from N.D. Ohio)
-  http://www.ca6.uscourts.gov/opinions.pdf/06a0202p-06.pdf
-  In 2003, the City of Cleveland condemned, then partially demolished, a building owned by Richard Davet. In response, Davet filed a lawsuit in state court against the city and several other defendants, alleging that the demolition violated the Takings, the Due Process and the Equal Protection Clauses of the United States Constitution. The defendants filed a counterclaim seeking an injunction (compelling Davet to remedy the code violations or complete the demolition) and over $16,000 in damages for the cost of the partial demolition. The defendants removed the case to federal court and eventually filed a motion for summary judgment. The district court granted the defendants' motion, and Davet appealed. Judgment AFFIRMED.
 

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

 

Adair; et al v. Wayne Cnty MI  (June 22, 2006) (Appeal from E.D. Michigan)
-  http://www.ca6.uscourts.gov/opinions.pdf/06a0203p-06.pdf
-  Plaintiffs comprise a group of officers employed by the Wayne County Airport Authority and assigned to several specialty units. While off duty, they were required to carry pagers and to remain within a specified geographic area in order to maintain availability during off-duty hours. They filed suit under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. ("FLSA"), seeking overtime compensation for all hours not on duty but during which they carried the pagers. After suit was filed, Airport Authority management requested that officers return their pagers and also eliminated compensatory time in favor of overtime and assigned county-owned vehicles to the K-9 officers. Based on these actions, Plaintiffs amended their complaint to include claims of retaliation in violation of the FLSA and 42 U.S.C. § 1983. The district court granted summary judgment to Defendants on all claims. Because Plaintiffs are not entitled to overtime pay under the FLSA, and because Defendants' actions do not constitute retaliation, we affirm.
 
Max Arnold & Sons v. W.L. Hailey & Co (June 22, 2006) (Appeal from M.D. Tennessee)
-  http://www.ca6.uscourts.gov/opinions.pdf/06a0204p-06.pdf
-  Defendant W.L. Hailey & Co., Inc. appeals the March 9, 2005 order of the United States District Court for the Middle District of Tennessee denying Defendant's motion for judgment on the pleadings and granting Plaintiff Max Arnold & Sons, LLC's motion for summary judgment on Plaintiff's claim of breach of contract. For the following reasons, we REVERSE the district court's grant of Plaintiff's motion for summary judgment, AFFIRM the district court's partial grant of Defendant's motion for summary judgment and partial denial of the same motion, and REMAND the case for further proceedings.
 
Tanner v. Cnty of Lenawee (June 22, 2006) (Appeal from E.D. Michigan)
-  http://www.ca6.uscourts.gov/opinions.pdf/06a0205p-06.pdf
-  This case arises from a tragic and deadly incident at the rural Michigan home of the Tanner family that occurred around 3:00 a.m. on October 13, 2001. Kirk and Deanna Tanner had taken in Deanna's sister Cindy Baker because she was involved in a domestic dispute with her husband Keith Baker ("Baker"). Baker had appeared at the house the evening before both drunk and angry. The Tanners called the police when he came again in the middle of the night. Just as Baker was backing out of the driveway, the police arrived. Baker reacted by driving back up the driveway to the house, after which he got out of his vehicle, forced his way into the residence, shot Kirk five times, shot Deanna twice, shot and killed his wife Cindy, and then committed suicide by shooting himself in the head. The Tanners fortunately survived their gunshot wounds. They subsequently brought suit against Lenawee County, the law-enforcement officers who initially responded to the 911 call, the County Sheriff, and the Incident Commander of the Emergency Response Team ("ERT"), a multijurisdictional group that responds to dangerous situations in Lenawee County at the request of local law enforcement. Among other claims, the Tanners alleged that they were deprived of their constitutional right to substantive due process based on the manner in which the defendants handled the confrontation with Baker. The district court granted the defendants' motion for summary judgment on the basis that the Tanners had failed to demonstrate that their constitutional rights were violated. For the reasons set forth below, we AFFIRM the judgment of the district court.
 

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