Justia Government & Administrative Law Opinion Summaries

Pontiac has experienced significant economic difficulties. In 2011 Michigan’s Governor appointed Schimmel as Pontiac’s emergency manager under then-existing law (Public Act 4), in 2011, Schimmel modified the collective bargaining agreements of retired city employees and severance benefits, including pension benefits, for retirees not covered by collective bargaining agreements. Retired employees sued under the Contracts Clause, the Due Process Clause, and the Bankruptcy Clause. The district court denied an injunction. In 2013, the Sixth Circuit vacated and remanded for expedited consideration of state law issues. Michigan voters later rejected Public Act 4 by referendum. Following rehearing, en banc, the Sixth Circuit again vacated and remanded for consideration of whether, under section 903(1) of the Bankruptcy Code, Public Act 4 prescribed a method of composition of indebtedness that binds the retirees without their consent and, if so, whether principles of state sovereignty preclude application of section 903(1) in this case; whether the emergency manager’s orders were legislative acts under the Contract Clause; whether the reductions and eliminations of health care benefits were “necessary and reasonable” under the Contract Clause; whether the retirees’ procedural due process claim is viable; and, assuming the Due Process Clause’s procedural protections apply, whether the collective bargaining agreements, considered in their entireties, establish protected property rights. View "City of Pontiac Retired Emps. Ass'n v. Schimmel" on Justia Law

From 1998 to 2010, Dimora was one of three elected Cuyaho County commissioners. From 2005 to 2010, Gabor worked for the county weights-and-measures office, which inspects gas pumps, grocery store scanners, truck scales and the like for accuracy. In 2007, the FBI began investigating public corruption in Cuyahoga County and discovered that Dimora handed out public jobs, influenced Cleveland decision-makers and steered public contracts in return for about 100 bribes worth more than $250,000. Gabor bought his job for $5,000 and spent most of his time on errands for Dimora that were unrelated to the job, including acting as a go-between in arranging kickback schemes on county projects. When Gabor learned that the FBI was investigating him, he warned his co-conspirators about the investigation and tried to convince them to lie. After a 37-day trial, they were convicted of 39 violations of anti-corruption laws. The district court sentenced Dimora to 336 months in prison and Gabor to 121 months. The Sixth Circuit affirmed, rejecting challenges to a jury instruction for the RICO charge, 18 U.S.C. 1962(c), (d); to the sufficiency of the evidence; and to various evidentiary rulings. View "United States v. Dimora" on Justia Law

Cameron returned to Kentucky after serving as a Marine in Iraq and applied for VA Medical Benefits, but did not include verification of service (DD-214). Four months later, the VA verified his service, but its record did not reflect combat service or other eligibility; his status was “Rejected.” A week later, Cameron’s records were updated and he was retroactively enrolled. Cameron had been involved in killing a civilian family. His parents had contacted the Lexington VA mental health department and urged their son to seek help. Tiffany, his wife, told him that she and their baby would not continue to live with him unless he sought help. Days before his enrollment was corrected Cameron went to the Leestown VA. The intake clerk recognized that Cameron was in urgent need of help and talked to him for 40 minutes, despite not finding his enrollment. She concluded that Cameron was suicidal. No mental health professional was available at Leestown. She sent him to Cooper Drive VA. Cameron called his father later, stating that he had been turned away from Cooper Drive because he did not have his DD-214. Cameron drove home. He and Tiffany searched for the form. Cameron became frustrated and threatened Tiffany, who called 911. While on the phone, she heard a shot. Her husband had committed suicide. His family asserted claims under the Federal Tort Claims Act. The district court dismissed, holding that it did not have jurisdiction over a “benefits determination,” Veterans’ Judicial Review Act, 38 U.S.C. 511.The Sixth Circuit reversed. Whether the clinics had a duty to care for Cameron is an improper question for this stage. The government failed to show that the actions of the VA employees satisfied the test of the FTCA’s discretionary function exception. View "Anestis v. United States" on Justia Law

In 2003 the Social Security Administration denied DeLong’s applications for Disability Insurance Benefits. After each of three hearings, the ALJ concluded that DeLong was not disabled. After the third determination, the Appeals Council declined further review. In 2010, DeLong challenged the denial under 42 U.S.C. 405(g) and 1383(c)(3). The district court vacated and remanded, concluding that the ALJ had failed to provide ‘good reasons’ for the weight he gave to the opinions of treating physicians,” but rejected two other claims, noting that credibility determinations are peculiarly within the province of the ALJ, that the ALJ had not mischaracterized underlying medical evidence, and no error in the consideration of lay opinion evidence. DeLong sought attorney fees under the Equal Access to Justice Act, 28 U.S.C. 2412, contending that the denial of benefits and defense of the denial had lacked substantial justification. The district court denied the motion, reasoning that the agency’s position was substantially justified because the court had rejected all but one argument; DeLong had improperly attempted to present evidence in court that she had not presented to the ALJ; the record did not “strongly establish” entitlement to benefits; and the reversal was on procedural, not substantive, grounds. The Sixth Circuit affirmed. View "DeLong v. Comm'r of Social Sec." on Justia Law

The Miks sued the Federal Home Loan Mortgage Corporation (Freddie Mac), claiming that they were unlawfully evicted from their rental home after their landlord defaulted on her mortgage and the property was sold at a foreclosure sale. The district court dismissed, under the Protecting Tenants at Foreclosure Act of 2009 (12 U.S.C. 5220), which imposes certain requirements on successors in interest to foreclosed properties in order to protect tenants, but which does not provide a private right of action. The Sixth Circuit affirmed in part, agreeing that the PTFA does not provide a private right of action. The PTFA does, however, preempt less protective state laws, and requires that successors in interest to foreclosed properties provide bona fide tenants with 90 days’ notice to vacate and to allow them to occupy the premises until the end of their lease term unless certain conditions are met. While tenants may not bring a federal cause of action for violations of the PTFA, they may use such violations to establish the elements of a state law cause of action. Under state law, the Miks stated a claim for wrongful eviction but did not state claims for denial of due process and outrageous infliction of emotional distress. View "Mik v. Fed. Home Loan Mortg. Corp" on Justia Law

Gentry has psoriasis, a chronic autoimmune condition causing patches of raised skin covered with flaky buildup of dead skin cells that crack and bleed and can interfere with sleeping, walking, sitting, standing, and using one’s hands. She also has psoriatic arthritis, an inflammatory disease that causes fatigue, stiffness and swelling in and around the joints, tenderness, pain and swelling in the tendons, swollen fingers and toes, and reduced range of motion. There is no cure for either condition. Gentry suffered severe injuries to her ankle, arm and wrist, and hip in a 1994 car accident and developed avascular necrosis and post-traumatic arthritis. She requires a brace on her leg to walk, has a limp and waddling gait, and has frequent pain in her leg and foot, back, neck, and hands. She also has deformities in her foot, ankylosing spondylitis cervical radiculopathy, cervical stenosis, lumbar spondylosis, possible sacroilitis or facet arthropathy in the low back, degenerative joint disease in the low back, chronic lumbar strain, possible herniated disc carpal tunnel syndrome, and lumbosacral/thoracic radiculopathy, among other things. In 2004, Gentry (age 29) applied for disability benefits under the Social Security Act, 42. U.S.C.401. She had worked 10 years as a pizza maker and delivery driver. She had most recently worked as a receptionist, but was discharged because her psoriasis bled on the paperwork. After Gentry’s application was denied, the case was remanded twice. The district court affirmed the denial of benefits. The Sixth Circuit reversed the denial as not supported by substantial evidence. View "Gentry v. Comm'r of Soc. Sec." on Justia Law

The former miner sued in 1992 and an administrative law judge determined that he was not medically qualified for benefits under the Black Lung Benefits Act, 30 U.S.C. 901 and indicated that Arkansas Coals was not the “responsible operator” required to pay benefits. About 17 years later, the miner filed a second claim. After finding that his medical condition had worsened and that he was now disabled, an ALJ awarded benefits and determined that Arkansas Coals was the responsible operator. The Benefits Review Board and the Sixth Circuit affirmed, rejecting the company’s finality, waiver, and collateral estoppel arguments; the miner was entitled to bring a second claim under 20 C.F.R. 725.309(d)(4) and the determination that Arkansas Coals was the responsible operator was not “necessary” to the resolution of the initial claim. Substantial evidence supports the determination that Arkansas Coals is the responsible operator. View "Arkansas Coals, Inc. v. Lawson" on Justia Law

Maynes, a miner who developed pneumoconiosis after working in Consolidated’s coal mine for 25 years, received benefits under the Black Lung Benefits Act, 30 U.S.C. 901-944, from 1997 until he died of respiratory failure in 2003. His widow sought survivors’ benefits. The then-current version of the BLBA conditioned her eligibility for benefits on proof that pneumoconiosis either caused or hastened her husband’s death. Her 2003 claim was denied. The Benefits Review Board and Sixth Circuit affirmed. In 2010, Congress passed the Affordable Care Act, which amended the law so that survivors are automatically entitled to benefits if the miner received BLBA benefits during his lifetime. Congress specified that the changes would apply to claims filed after January 2005, but did not address whether persons whose claims had been denied under the previous eligibility framework, could receive benefits by filing a subsequent claim. The issue was answered in the affirmative by the Benefits Review Board and affirmed by the Third and Fourth Circuits. Although the Department of Labor, an administrative law judge, and the Benefits Review Board agreed Maynes was entitled to benefits, they disagreed about the appropriate commencement date for benefits. The Sixth Circuit rejected Consolidated’s appeal, upholding the 2009 commencement date. View "Consolidation Coal Co. v. Maynes" on Justia Law

Individual plaintiffs alleged that they were illegally stopped, searched, or detained by the U.S. Border Patrol for the Sandusky Bay Ohio Station, based upon their Hispanic appearance, race and ethnicity. They claimed that in the three years the station has been open, 61.8% to 85.6% of those apprehended have been Hispanic, and use of racial slurs by agents. Plaintiffs sought equitable relief and monetary damages under Bivens v. Six Unknown Agents and 42 U.S.C. 1983, 1985, and 1986, and claimed that agents had violated the Immigration and Nationality Act, 8 U.S.C. 1101, and the Fourth and Fifth Amendments. The complaint alleged conspiracy between the Border Patrol and municipalities, police chiefs and individual officers, to violate the civil rights of Hispanics. An amended complaint added the Administrative Procedures Act, 5 U.S.C. 702, as a source of jurisdiction. Plaintiffs settled their claims with local agencies. The district court denied plaintiffs’ request to add claims under the Federal Tort Claims Act, 28 U.S.C. 2671 and dismissed, determining that it lacked subject matter jurisdiction because plaintiffs had failed to establish waiver of sovereign immunity. The Sixth Circuit reversed. The APA section 702 waiver of sovereign immunity extends to all non-monetary claims against federal agencies and their officers sued in their official capacity, regardless of whether plaintiff seeks review of “agency action” or “final agency action” as set forth in section 704.View "Muniz-Muniz v. U.S. Border Patrol" on Justia Law

The Tribe bought land from the City of Lansing to build a class III gaming facility, using funds appropriated by Congress for the benefit of certain Michigan tribes. The Michigan Indian Land Claims Settlement Act provides that land acquired with the income on these funds shall be held in trust by the federal government. Michigan obtained an injunction to prevent the Tribe from applying to have land taken into trust by the Secretary of the Interior, on the ground that the submission would violate a compact between the state and the Tribe. That compact requires that a tribe seeking to have land taken into trust for gaming purposes under the Indian Gaming Regulatory Act (IGRA), 25 U.S.C. 2703(4)(B), secure a revenue-sharing agreement with other tribes. The Sixth Circuit reversed. The state did not seek to enjoin a class III gaming activity, but instead a trust submission under MILCSA, so IGRA does not abrogate the Tribe’s sovereign immunity, and the district court lacked jurisdiction. The issue of whether class III gaming on the property at issue will violate IGRA if the Tribe’s MILCSA trust submission is successful is not ripe. View "Michigan v. Sault Ste. Marie Tribe" on Justia Law