CLICK HERE FOR FULL TEXT

CHARLES PLINTON, Father and Administrator of the Estate of Charles Theordore Plinton, Deceased,
Plaintiff-Appellant,
v.
COUNTY OF SUMMIT, et al.,
Defendants-Appellees.


Nos. 07-3985/4103

Appeal from the United States District Court
for the Northern District of Ohio at Akron.
No. 06-01872—Sara E. Lioi, District Judge.
Argued: July 31, 2008
Decided and Filed: September 2, 2008
Before: KENNEDY, GILMAN, and GIBBONS, Circuit Judges.

_________________________
OPINION
_________________________

KENNEDY, Circuit Judge. Plaintiff Charles Plinton appeals the district court’s grant of summary judgment to defendants the County of Summit (“County”) and police officer Keith Lavery (“Lavery”).1 Plaintiff also appeals the dismissal of his claim for injunctive relief against the University of Akron (“University”), a state university. Plaintiff’s son, Charles Theodore Plinton (“Chuck”), was arrested, tried and then acquitted of selling marijuana at the University in 2004. On the day of his arrest, the University suspended Chuck from school pending the resolution of his criminal trial and an appearance in front of the University Hearing Board (“Board”). Chuck was acquitted of the criminal charges against him on August 11, 2004. In spite of the acquittal, the Board found Chuck “responsible” for violating the University code of conduct and suspended him for an additional semester to follow the Fall 2004 semester. In December 2005, Chuck committed suicide.

On August 4, 2006, Plaintiff filed this action in federal district court based on 42 U.S.C. § 1983 against the County, Lavery, and Newman, alleging that they had violated Chuck’s constitutional rights by maliciously prosecuting him for marijuana trafficking. Plaintiff also sued the University, alleging that the hearing procedures had violated Chuck’s due process rights, for which Plaintiff sought an injunction to prevent the University from using those procedures in the future.2 A day before, on August 3rd, Plaintiff sued the University and assorted University employees, among them the arresting officer Lavery, in the Ohio Court of Claims for the same conduct.3 The County prevailed on summary judgment in district court where the court held that Lavery was a state employee whose conduct could not be ascribed to the County. In the alternative, the court held that even if Lavery were a County employee, Plaintiff lacked evidentiary support for his failure-to-train claim. Lavery won summary judgment in the district court because Plaintiff had represented in the Ohio Court of Claims that Lavery was a state employee and the nature of Lavery’s employment indicated that he was a state employee. The district court granted the University judgment on the pleadings because of Plaintiff’s lack of standing. Plaintiff appeals these decisions in addition to statements made in the district court’s opinion couched in the language of a holding and an associated footnote regarding a wrongful death claim that Plaintiff had not brought. For the reasons that follow, we AFFIRM the judgment of the district court.


CLICK HERE FOR FULL TEXT

LINDA SLUSHER,
Plaintiff-Appellant,
v.
C. CARSON and T. TERRY, in their individual and official capacities, and SHIAWASSEE COUNTY,
Defendants-Appellees.


No. 07-1756

Appeal from the United States District Court
for the Eastern District of Michigan at Detroit.
No. 06-10746—Patrick J. Duggan, District Judge.
Argued: June 10, 2008
Decided and Filed: September 2, 2008
Before: BOGGS, Chief Judge; RYAN and COLE, Circuit Judges.

_________________________
OPINION
_________________________

COLE, Circuit Judge. This action arises from an incident that occurred on Plaintiff- Appellant Linda Slusher’s (“Slusher”) property on May 13, 2004. Slusher argues that Defendants- Appellees Michigan Deputies Cory Carson and Thomas Terry (collectively, along with Shiawassee County, “Defendants”) seized her in violation of her Fourth Amendment rights during the course of the officers’ visit to her property to aid in a neighbor’s reclamation of property pursuant to a court order. The United States District Court for the Eastern District of Michigan granted Defendants’ motion for summary judgment on all of Slusher’s claims. For the reasons below, we AFFIRM.


CLICK HERE FOR FULL TEXT

DAVID GREENWELL,
Plaintiff-Appellant,
v.
PAUL PARSLEY,
Defendant-Appellee.


No. 07-5694

Appeal from the United States District Court
for the Western District of Kentucky at Louisville.
No. 05-00768—John G. Heyburn II, Chief District Judge.
Argued: March 21, 2008
Decided and Filed: September 2, 2008
Before: MARTIN and NORRIS, Circuit Judges; STAMP, District Judge.

_________________________
OPINION
_________________________

ALAN E. NORRIS, Circuit Judge. Paul Parsley, the former sheriff of Bullitt County, Kentucky, fired deputy sheriff David Greenwell immediately after he learned through a newspaper article that his deputy intended to run against him in the next election. Greenwell responded by filing suit against Parsley and his chief deputy Mack (Jim) McAuliffe. The only federal cause of action included in the complaint was an allegation that defendants violated Geenwell’s First and Fourteenth Amendment right to run for political office. The district court granted summary judgment to defendants on this claim and on various state-law claims that are not at issue on appeal. Plaintiff then filed a motion to amend pursuant to Fed. R. Civ. P. 59(e), which the district court denied. The only issue on appeal concerns whether Sheriff Parsley violated Greenwell’s First Amendment right to engage in political activity. Like the district court, we hold that Carver v. Dennis, 104 F.3d 847 (6th Cir. 1997), a prior published decision of this court, controls the outcome of this case. We therefore affirm the grant of summary judgment.