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LINDA MOSER,
Plaintiff-Appellant,
v.
ETOWAH POLICE DEPARTMENT,
Defendant,
CITY OF ETOWAH, TENNESSEE; TIM DAVIS, JR.,
Defendants-Appellees. |
No. 21-5162 |
Appeal from the United States District Court
for the Eastern District of Tennessee of Chattanooga.
No. 1:18-cv-00225—Charles Edward Atchley, Jr., District Judge.
Argued: October 27, 2021
Decided and Filed: March 3, 2022
Before: ROGERS, STRANCH, and DONALD, Circuit Judges.
_________________________
OPINION
_________________________
ROGERS, Circuit Judge. Plaintiff Linda Moser claims that a police officer used
excessive force on her when she was trying to tell another officer that he was arresting the wrong
person. Her daughter, Johnnie Moser, had fled to a neighbor’s house one night after Johnnie
Moser’s boyfriend physically assaulted Johnnie. Officers Tim Davis and Austin Parton were
investigating at the neighbor’s house when Linda Moser approached, visibly upset and worried
about the condition of her daughter. Parton observed Johnnie Moser’s boyfriend following
behind Linda Moser and moved to arrest him. Linda Moser began shouting that Parton had the
wrong man and touched Parton’s arm. At this point, Officer Davis stepped onto the porch,
grabbed Linda Moser, took her to the ground, and then pinned her there, which resulted in a
fractured hip and femur. Linda Moser brought this action against Davis and the City of Etowah.
The district court granted the defendants’ motion for summary judgment. Viewing the facts in
the light most favorable to Moser, however, Davis violated her clearly established right to be free
from injury-threatening physical force when not actively resisting an arrest. |
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
EDWARD R. HILLS (19-3372); YAZAN B. AL-MADANI
(19-3549); SARI ALQSOUS (19-3573 & 20-3160),
Defendants-Appellants. |
Nos. 19-3372/3549/3573/20-3160 |
Appeal from the United States District Court for the Northern District of Ohio at Cleveland.
No. 1:16-cr-00329—Sara E. Lioi, District Judge.
Argued: October 26, 2021
Decided and Filed: March 3, 2022
Before: GUY, MOORE, and GIBBONS, Circuit Judges.
_________________________
OPINION
_________________________
RALPH B. GUY, JR., Circuit Judge. Dr. Edward Hills, Dr. Sari Alqsous, and Dr. Yazan
Al-Madani were convicted by a jury of various fraud and related offenses connected to their
employment in the Dental Department of a publicly owned hospital located in Cuyahoga County,
Ohio. Dr. Tariq Sayegh—who also was convicted of several bribery-related counts—has
voluntarily dismissed his appeal. The three defendants before us challenge their convictions and
sentences on various and, at times, overlapping grounds. For the reasons that follow, we affirm. |
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MANN CONSTRUCTION, INC.; BROOK WOOD;
KIMBERLY WOOD; LEE COUGHLIN; DEBBIE COUGHLIN,
Plaintiffs-Appellants,
v.
UNITED STATES OF AMERICA,
Defendant-Appellee. |
No. 21-1500 |
Appeal from the United States District Court for the Eastern District of Michigan at Bay City.
No. 1:20-cv-11307—Thomas L. Ludington, District Judge.
Argued: December 9, 2021
Decided and Filed: March 3, 2022
Before: SUTTON, Chief Judge; STRANCH and BUSH, Circuit Judges.
_________________________
OPINION
_________________________
SUTTON, Chief Judge. Several taxpayers complain about the Internal Revenue
Service’s enforcement of an administrative regulation that requires them to report transactions
involving cash-value life insurance policies connected to employee-benefit plans. The taxpayers
claim that the IRS failed to meet a reporting requirement of its own by skipping the notice-and-comment process before promulgating this legislative rule. If individuals “must turn square
corners when they deal with the government,” the taxpayers insist, “it cannot be too much to
expect the government to turn square corners when it deals with them.” Niz-Chavez v. Garland,
141 S. Ct. 1474, 1486 (2021). We agree with the taxpayers and reverse the district court’s
contrary decision. |
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