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JOHN J. PUDELSKI, Petitioner-Appellant, v. JULIUS WILSON, Respondent-Appellee. |
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Appeal from the United States District Court
for the Northern District of Ohio at Cleveland.
No. 02-01441—Donald C. Nugent, District Judge.
Argued: April 22, 2009
Decided and Filed: August 14, 2009
Before: CLAY and McKEAGUE, Circuit Judges; HOLSCHUH, District Judge.
HOLSCHUH, District Judge. Petitioner John J. Pudelski (“Pudelski”) was convicted in state court of the murder of his infant daughter, and after appealing that conviction to the state courts he filed a 28 U.S.C. § 2254 petition for habeas corpus relief. The district court, adopting the magistrate judge’s Report and Recommendation in full, found no merit in Pudelski’s claims and dismissed the petition. Pudelski now appeals. Although the magistrate judge and district court improperly found that habeas relief was not available to Pudelski on his first ground for relief, we reach the merits of that ground and find that it does not warrant habeas relief. Additionally, we find no merit in Pudelski’s second ground for relief, and consequently we affirm the dismissal of Pudelski’s habeas petition.
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CAROLYN UPSHAW, Plaintiff-Appellant, v. FORD MOTOR COMPANY, Defendant-Appellee. |
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Appeal from the United States District Court
for the Southern District of Ohio at Cincinnati.
No. 04-00760—Sandra S. Beckwith, District Judge.
Argued: April 22, 2009
Decided and Filed: August 14, 2009
Before: BATCHELDER, COLE, and SUTTON, Circuit Judges.
COLE, Circuit Judge. In this civil rights action arising under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. (“Title VII”), 42 U.S.C. § 1981, and Ohio Revised Code § 4112.02, Plaintiff-Appellant Carolyn Upshaw (“Upshaw”) appeals the district court’s grant of summary judgment to Defendant-Appellee Ford Motor Company (“Ford”) and the denial of her motion for relief from judgment. Upshaw argues that Ford failed to promote her on the basis of her race and sex, and retaliated against her when she complained of discrimination. For the following reasons, we AFFIRM in part and REVERSE in part.
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UNITED STATES OF AMERICA, Plaintiff-Appellee, v. RONALD J. BOGART, Defendant-Appellant. |
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Appeal from the United States District Court
for the Southern District of Ohio at Columbus.
No. 01-00164—Algenon L. Marbley, District Judge.
Argued: June 18, 2009
Decided and Filed: August 14, 2009
Before: KEITH, CLAY, and GIBBONS, Circuit Judges.
CLAY, Circuit Judge. Defendant Ronald J. Bogart appeals his sentence arising from his participation in a conspiracy to defraud numerous creditors of Richard Schultz. Pursuant to a plea agreement, Bogart pled guilty to three of the counts charged in the indictment: (1) conspiracy to commit wire fraud in violation of 18 U.S.C. § 1343, conspiracy to commit mail fraud in violation of 18 U.S.C. § 1341, both in violation of 18 U.S.C. § 371; (2) conspiracy to impair an Internal Revenue Service investigation in violation of 18 U.S.C. § 371; and (3) conspiracy to obstruct justice in violation of 18 U.S.C. §§ 1503 and 371. As part of his sentence, the district court ordered Bogart to pay $2,492,424.66 in restitution jointly and severally with several other individuals convicted of participation in the conspiracy. For the reasons that follow, we AFFIRM Bogart’s sentence.
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KAREN WAESCHLE, individually and on behalf of others similarly situated, Plaintiff-Appellee, v. LJUBISA J. DRAGOVIC, individually and in his official capacity as Medical Examiner of Oakland County, Michigan, and OAKLAND COUNTY,MICHIGAN, a municipal corporation, Defendants-Appellants. |
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Appeal from the United States District Court
for the Eastern District of Michigan at Detroit.
No. 08-10393—Victoria A. Roberts, District Judge.
Argued: June 16, 2009
Decided and Filed: August 14, 2009
Before: GILMAN and McKEAGUE, Circuit Judges; BARRETT, District Judge.
RONALD LEE GILMAN, Circuit Judge. After Karen Waeschle’s mother died, an autopsy was performed to determine the cause of death. When the mother’s remains were returned to Waeschle for cremation, she was not informed that the brain had been removed during the autopsy and was still being studied by the Medical Examiner. Waeschle sued Oakland County and Ljubisa J. Dragovic, the Oakland County Medical Examiner (Dragovic or the Medical Examiner), after discovering that her mother’s brain had been incinerated as medical waste once the autopsy was completed. The Medical Examiner, Waeschle maintains, violated the Due Process Clause of the Fourteenth Amendment by depriving her of the right to dispose of her mother’s brain. Oakland County and Dragovic filed for summary judgment, arguing that Waeschle had no constitutionally protected property right to possess her deceased mother’s brain because it had been removed for forensic examination. Dragovic also asserted a qualified-immunity defense. In the alternative, the County and Dragovic requested that the district court certify to the Michigan Supreme Court the question of whether Michigan law givesWaeschle a property interest in her deceased mother’s brain for the purpose of burial or cremation.
For the reasons set forth below, we REVERSE the portion of the district court’s judgment denying Dragovic’s qualified-immunity defense, and REMAND the case with instructions to grant his motion for summary judgment with respect to Waeschle’s individual-capacity claim against him. We also REVERSE the judgment of the district court denying Oakland County’s and Dragovic’s motion to certify the question of state law to the Michigan Supreme Court, and REMAND the case with instructions to certify the question and conduct such further proceedings as are necessary for the proper disposition of this case.
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SHAWN ALEXANDER, Plaintiff-Appellant, v. CARESOURCE, Defendant-Appellee. |
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Appeal from the United States District Court
for the Southern District of Ohio at Dayton.
No. 07-00198—Michael R. Merz, Magistrate Judge.
Argued: April 21, 2009
Decided and Filed: August 14, 2009
Before: BATCHELDER and COLE, Circuit Judges; LAWSON, District Judge.
DAVID M. LAWSON, District Judge. The issue in this appeal of a grant of summary judgment to the defendant in this employment discrimination action is whether the plaintiff’s response in the district court was adequate to establish a material fact issue in proving her prima facie case. The district court found the plaintiff’s submissions wanting, and we agree. In responding to the defendant’s motion for summary judgment, the plaintiff failed to submit adequate evidence in the form required by Federal Rule of Civil Procedure 56(e), and the other evidence in the record did not rebut the defendant’s contention that it was entitled to judgment in its favor as a matter of law. Therefore, we affirm the judgment of the district court.