U.S. Sixth Circuit - The FindLaw 6th Circuit Court of Appeals Opinion Summaries Blog

March 2015 Archives

When is an opinion that turns out to be wrong an untrue statement of fact? Only when it is not sincerely held, the Supreme Court ruled last week in a securities fraud case. The Court's decision in Omnicare v. Laborers District Council Construct Industry Pension Fund, overturned a recent Sixth Circuit holding and reconciled a split between the Sixth and other circuits.

Omnicare had been sued for securities fraud stemming from a statement that it believed it was complying with the law. The Sixth Circuit had ruled that plaintiffs did not have to allege that the belief was not sincerely held; that it was false was good enough. That didn't work for the Supreme Court, which chided the circuit for failing to sufficiently distinguish between fact and opinion.

A Mexican citizen who pled guilty to violating U.S. immigration law cannot have his sentence overturned because the district court failed to directly reference applicable sentencing guidelines, the Sixth Circuit ruled on Monday. Jose Solano-Rosales was sentenced to supervised release after he pled guilty to entering the U.S. without authorization after having been previously removed subsequent to a felony conviction.

During the sentencing, the district court never explicitly referenced the relevant federal sentencing guidelines, which generally recommended against supervised release. However, the district court's error did not impact Solano-Rosales' substantive rights, the Sixth Circuit ruled, since the reasons for supervised release and its deterrent effects were thoroughly discussed during sentencing.

No Qualified Immunity for Police Who Stunned Ohio Man for 26 Seconds

One town over from where your author grew up lies the City of Painesville, Ohio, where in 2010, Painesville police officers electrocuted David Lee Nall with a TASER for 26 seconds. Nall suffered a heart attack and permanent brain damage as a result. He needs assistance with daily life tasks and has trouble remembering things.

All of this led to a civil rights lawsuit against the Painesville police. They asserted qualified immunity, but a federal district judge said "no way," as did the Sixth Circuit yesterday.