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MRP PROPERTIES COMPANY, LLC; VALERO REFINING
COMPANY–OKLAHOMA; PREMCOR REFINING GROUP
INC.; ULTRAMAR, INC.; VALERO REFINING COMPANY–TENNESSEE LLC; VALERO REFINING–TEXAS, L.P.,
Plaintiffs-Appellees,
v.
UNITED STATES OF AMERICA,
Defendant-Appellant. |
No. 22-1789 |
Appeal from the United States District Court for the Eastern District of Michigan at Bay City.
No. 1:17-cv-11174—Thomas L. Ludington, District Judge.
Argued: June 15, 2023
Decided and Filed: June 29, 2023
Before: SUTTON, Chief Judge; BATCHELDER and STRANCH, Circuit Judges.
_________________________
AMENDED OPINION
_________________________
SUTTON, Chief Judge. During World War II, the federal government played a
significant role in American oil and gasoline production, often telling refineries what to produce
and when to produce it. It also rationed crude oil and refining equipment, prioritized certain
types of production, and regulated industry wages and prices. All of this affected the operations
of American oil companies at the time. But did it make the United States a refinery “operator”
under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42
U.S.C. §§ 9601–75? We hold that it did not and reverse the district court’s contrary
determination. |
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KELSEA MERCER, as Administrator of the Estate of
Jennifer Ohlinger, deceased,
Plaintiff-Appellant,
v.
ATHENS COUNTY, OHIO, et al.,
Defendants,
JAMES GRAY, II, RN, CHARITY LOWERY, and AMISTA
JARVIS,
Defendants-Appellees. |
No. 22-3904 |
Appeal from the United States District Court for the Southern District of Ohio at Columbus.
No. 2:20-cv-03214—Edmund A. Sargus, Jr., District Judge.
Argued: May 4, 2023
Decided and Filed: June 29, 2023
Before: MOORE, CLAY, and MATHIS, Circuit Judges.
_________________________
OPINION
_________________________
MATHIS, Circuit Judge. Jennifer Ohlinger was arrested on charges of burglary and
receiving stolen property and brought to the Southeastern Ohio Regional Jail (“SEORJ”). On the
morning of June 25, 2018, after Ohlinger struck her head, briefly lost consciousness, suffered
seizures, and urinated on herself, the jail nurse ordered a blood draw and gave her an ibuprofen
instead of sending her to the hospital. A day later, she was dead. After Ohlinger’s death, her
daughter, Kelsea Mercer, as administrator of Ohlinger’s estate, sued for the alleged violation of
Ohlinger’s constitutional rights under 42 U.S.C. § 1983 and for wrongful death under Ohio Rev.
Code Ann. § 2125.02. The district court granted summary judgment to Nurse James Gray, II,
Officer Charity Lowery, and Officer Amista Jarvis (collectively, “Defendants”). For the reasons
that follow, we reverse the district court’s grant of summary judgment to Nurse Gray and affirm
the district court’s grant of summary judgment to Officers Jarvis and Lowery. |
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