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CYNTHIA HURST, individually and as Executor of the
Estate of Thomas Persell,
Plaintiff-Appellant,
v.
CALIBER HOME LOANS, INC.,
Defendant - Appellee. |
No. 21-3350 |
Appeal from the United States District Court for the Northern District of Ohio at Akron.
No. 5:19-cv-00315—John R. Adams, District Judge.
Argued: March 16, 2022
Decided and Filed: August 10, 2022
Before: COLE, CLAY, and THAPAR, Circuit Judges.
_________________________
OPINION
_________________________
COLE, Circuit Judge. Cynthia Hurst sued Caliber Home Loans for procedural violations
related to her loan-modification application. After both parties filed motions for summary
judgment, the district court granted summary judgment in favor of Caliber. Hurst appeals the
district court’s ruling as to her dual-tracking claim, her reasonable diligence claim, and her
adequate notice claim. We conclude that the district court erred with respect to the reasonable
diligence claim only, so we affirm in part and vacate in part the district court’s decision. |
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ESTATE OF SETH MICHAEL ZAKORA; BRANDY ZAKORA,
in her capacity as the Personal Representative of the
Estate of Seth Michael Zakora,
Plaintiffs-Appellants,
v.
TROY CHRISMAN; MATTHEW HUNTLEY; CHADWICK
MOBLEY; STEVE JOHNSON; BONITA J. HOFFNER; STEVE
RIVARD; HEIDI E. WASHINGTON; BRANDON OAKS;
RUSSELL RURKA; HEATHER LASS; JAMES WOLODKIN;
JAMES COLEMAN; UNKNOWN PARTY, named as Jane
Doe,
Defendants-Appellees. |
No. 21-1620 |
Appeal from the United States District Court
for the Western District of Michigan at Grand Rapids.
No. 1:19-cv-01016—Janet T. Neff, District Judge.
Argued: April 27, 2022
Decided and Filed: August 10, 2022
Before: SUTTON, Chief Judge; GILMAN and MOORE, Circuit Judges.
_________________________
OPINION
_________________________
RONALD LEE GILMAN, Circuit Judge. Seth Michael Zakora died from an overdose of
fentanyl in his prison cell at the Lakeland Correctional Facility (Lakeland) in Michigan. His
mother, Brandy Zakora, as the personal representative of his estate, brought this lawsuit against a
number of employees and officials with the Michigan Department of Corrections (MDOC) and
the Michigan State Police (MSP), asserting multiple claims under 42 U.S.C. § 1983.
The claims in essence allege that the defendants are responsible for Zakora’s death
because (1) they failed to protect him from the allegedly rampant problem of drug smuggling at
Lakeland, and (2) they failed to promptly investigate two other incidents of drug overdoses in
Zakora’s small unit that occurred within two days of his own death. Zakora’s estate (the Estate)
also alleges that two corrections officers were deliberately indifferent to Zakora’s serious
medical needs by not heeding verbal warnings from other inmates about Zakora’s dire health
status immediately before he died.
The district court granted the defendants’ motions to dismiss or, in the alternative, for
summary judgment. For the reasons set forth below, we AFFIRM in part, REVERSE in part,
and REMAND the case to the district court for further proceedings consistent with this opinion. |
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ROBERT ALLEN SHUMATE,
Plaintiff-Appellee,
v.
CITY OF ADRIAN, MICHIGAN; JEREMY POWERS,
Defendants-Appellants. |
No. 21-2795 |
Appeal from the United States District Court for the Eastern District of Michigan at Detroit.
No. 2:20-cv-10856—David M. Lawson, District Judge.
Argued: April 28, 2022
Decided and Filed: August 10, 2022
Before: SUHRHEINRICH, MOORE, CLAY, Circuit Judges.
_________________________
OPINION
_________________________
CLAY, Circuit Judge. In this civil rights action under 42 U.S.C. § 1983, Defendants
Officer Jeremy Powers and the City of Adrian appeal the district court’s denial of their motion
for summary judgment on qualified immunity, state law immunity, and municipal liability
grounds. We hold that neither qualified nor state law immunity shields Officer Powers from
liability. Consequently, we lack appellate jurisdiction to review the municipal liability claim
against Defendant City of Adrian. The district court’s denial of summary judgment to Defendant
Powers is AFFIRMED, and Defendant City of Adrian’s municipal liability appeal is
DISMISSED for lack of appellate jurisdiction. |
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
TIMMY L. FIELDS,
Defendant-Appellant. |
No. 20-5521 |
Appeal from the United States District Court for the Eastern District of Kentucky at London.
No. 6:19-cr-00029-1—Robert E. Wier, District Judge.
Argued: June 23, 2021
Decided and Filed: August 10, 2022
Before: ROGERS, WHITE, and MURPHY, Circuit Judges.
_________________________
OPINION
_________________________
HELENE N. WHITE, Circuit Judge. Defendant Timmy Fields appeals his twenty-five-year mandatory-minimum sentence enhancement imposed for his having committed two prior
“serious drug felon[ies].” Fields challenges the procedure used to impose his enhancement and
argues as well that neither prior conviction was for a “serious drug felony.” Most of Field’s
challenges lack merit, but we agree that one of the predicate prior convictions was not for a
“serious drug felony.” Accordingly, we VACATE Fields’s sentence and REMAND for
resentencing. |
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