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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June 9 & 10, 2008

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

TOPICS:
- Antitrust / Fraud / Breach of Contract
- United states Sentencing Guidelines / Crime of violence
- §1983 action / Qualified immunity
 

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

 

No Opinions.
 

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

 

Bassett v. Natl Collegiate Athl (June 9, 2008) (Appeal from E.D. KY)
-  http://www.ca6.uscourts.gov/opinions.pdf/08a0209p-06.pdf
-  Appellant Claude L. Bassett (“Bassett”) was an assistant football coach for the University of Kentucky (“UK”) from 1997-2000 when he resigned due to allegations of The National Collegiate Athletics Association (“NCAA”) rules infractions. Bassett filed suit against NCAA, the Southeastern Conference (“SEC”) and the University of Kentucky Athletic Association (“UKAA”), alleging conspiracy to violate antitrust laws, fraud, civil conspiracy and tortious interference with contract. The district court granted NCAA’s, the UKAA’s and the SEC’s motions to dismiss the antitrust and civil conspiracy claims and granted NCAA’s and the SEC’s motions to dismiss Plaintiff’s fraud claims. Later, the district court granted summary judgment for NCAA and the UKAA on Plaintiff’s remaining claims. Bassett now appeals the district court’s granting of NCAA’s motion to dismiss the antitrust claim and the district court’s granting of summary judgment on the UKAA’s fraud and alleged breach of contract claims. The Appellant’s appeal is not well taken. We find the district court correctly determined Appellant’s antitrust claim was not commercial in nature and failed to allege an antitrust injury. Furthermore, Appellant failed to demonstrate reasonable reliance and causation on his fraud claim and Appellant failed to plead a breach of contract claim and, even if he did, such contract would be void ab initio as against public policy.
 
USA v. Bartee (June 10, 2008) (Appeal from W.D. MI)
-  http://www.ca6.uscourts.gov/opinions.pdf/08a0210p-06.pdf
-  Defendant Quincy Donell Bartee pleaded guilty to one count of being a felon in possession of a firearm and was sentenced to a 43-month term of imprisonment. The only issue on appeal is whether it was error to find that defendant’s prior felony conviction for attempted criminal sexual conduct in the second degree (CSC-2) constituted a “crime of violence” that would justify a base offense level of 22 rather than 20. UNITED STATES SENTENCING GUIDELINES MANUAL (USSG) § 2K2.1(a)(3) and (4) (2006). After review of the record, and in light of the recent decision in Begay v. United States, 128 S. Ct. 1581 (2008), we vacate defendant’s sentence and remand for resentencing consistent with this opinion.
 
Leary v. Livingston Cnty (June 10, 2008) (Appeal from E.D. MI)
-  http://www.ca6.uscourts.gov/opinions.pdf/08a0211p-06.pdf
-  Not long after word spread at the Livingston County Jail that detainee Shaun Leary had been charged with raping a nine-year-old girl, several prisoners beat him up. At stake in this § 1983 action is, one, whether officer Scott Stone was deliberately indifferent to Leary’s safety needs and, two, whether officer Denis McGuckin used excessive force against Leary when he hit him on the back of his neck while walking him to his cell. As to Stone, we affirm the district court’s denial of qualified immunity; as to McGuckin, we reverse the district court’s denial of qualified immunity because the force used was de minimis.
 

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