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MARCIA B. NANCE, Plaintiff-Appellant, v. THE GOODYEAR TIRE & RUBBER COMPANY, Defendant-Appellee. |
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Appeal from the United States District Court
for the Western District of Tennessee at Jackson.
No. 04-01307—James D. Todd, District Judge.
Argued: October 31, 2007
Decided and Filed: May 23, 2008
Before: BATCHELDER, MOORE, and COLE, Circuit Judges.
R. GUY COLE, JR., Circuit Judge. Plaintiff-Appellant Marcia B. Nance appeals the district court’s grant of summary judgment to Defendant-Appellee Goodyear Tire and Rubber Co. (“Goodyear”) on her claims alleging violations of the Americans with Disabilities Act, the Tennessee Handicap Act, and the Family and Medical Leave Act; retaliatory discharge, including violations of the Tennessee “whistleblower” law; wrongful and constructive discharge through alleged retaliatory conduct; outrageous conduct and intentional infliction of emotional distress in violation of Tennessee common law; and breach of a common law duty of good faith and fair dealing. For the following reasons, we AFFIRM the judgment of the district court.
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DEWAYNE BRAND, Plaintiff-Appellant, v. JOHN D. MOTLEY; KATHY LITTERAL; MICHELLE VANCE, Defendants-Appellees. |
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Appeal from the United States District Court
for the Eastern District of Kentucky at Ashland.
No. 06-00139—Henry R. Wilhoit, Jr., District Judge.
Argued: April 25, 2008
Decided and Filed: May 23, 2008
Before: SUHRHEINRICH, CLAY, and COOK, Circuit Judges.
COOK, Circuit Judge. Dewayne Brand, a black inmate, filed a § 1983 complaint after prison officials denied his request to share a cell with a white inmate in part because a “Black/White move . . . is more difficult to do than a same race move.” The district court dismissed his claim as frivolous under 28 U.S.C. § 1915(e)(2), reasoning that Brand could not complain about why the officials turned him down given that, as an inmate, he lacks a right to be placed in the cell of his choice. Because Brand’s claim sets out an arguable question of law, supported by arguable facts, we vacate the district court’s order and remand for further proceedings.
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UNITED STATES OF AMERICA, Plaintiff-Appellee, v. KENNETH MARTIN, Defendant-Appellant. |
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Appeal from the United States District Court
for the Eastern District of Kentucky at Covington.
No. 05-00025—David L. Bunning, District Judge.
Argued: July 23, 2007
Decided and Filed: May 23, 2008
Before: BATCHELDER and DAUGHTREY, Circuit Judges; ROSEN, District Judge.
Defendant-Appellant Kenneth Martin conditionally pled guilty in the United States District Court for the Eastern District of Kentucky to charges of being a felon-in-possession of a firearm in violation of 18 U.S.C. § 922(g)(1) and was sentenced with an enhancement under the Armed Career Criminal Act to a term of imprisonment of 180 months. Martin now appeals his conviction and sentence arguing that the district court erred in denying his motions to suppress evidence and to disclose the identity of the confidential informant whose information led to the search of his residence and the ultimate discovery of the gun upon which the charges against him were predicated. Martin also argues that there is insufficient evidence to establish that the Walther .380 caliber semiautomatic pistol found by the agents during the execution of the search warrant had traveled in, or affected, interstate commerce. He further argues that his prior criminal convictions did not constitute sufficient predicate offenses for purposes of a sentencing enhancement under the Armed Career Criminal Act and that the district court’s use of his prior convictions in fashioning his sentence violated the Sixth Amendment. For the reasons set forth below, we AFFIRM the district court’s judgment.