CLICK HERE FOR FULL TEXT |
WILLIAM ELLIOTT ASHFORD,
Plaintiff-Appellee,
v.
UNIVERSITY OF MICHIGAN; UNIVERSITY OF MICHIGANDEARBORN; GARY GORSKI; JEFFREY EVANS,
Defendants-Appellants. |
No. 22-2057 |
Appeal from the United States District Court for the Eastern District of Michigan at Detroit.
No. 2:20-cv-10561—Terrence George Berg, District Judge.
Argued: October 25, 2023
Decided and Filed: January 9, 2024
Before: MOORE, GIBBONS, and STRANCH, Circuit Judges.
_________________________
OPINION
_________________________
KAREN NELSON MOORE, Circuit Judge. In late 2019, William Ashford (“Ashford”),
a police officer employed by the University of Michigan-Dearborn (“UM-D”), spoke with a
reporter at The Detroit Times about his concerns that the UM-D police department was
mishandling a student’s allegation that one of her professors had sexually assaulted her. After
his supervisors at the University, including then-Vice Chancellor Jeffrey Evans (“Evans”) and
UM-D Police Chief Gary Gorski (“Gorski”), learned that he had taken his thoughts about the
case to the media, they launched an inquiry into his actions in November 2019. At the
conclusion of their investigation, UM-D suspended Ashford for ten days without pay. Ashford
sued UM-D, the University of Michigan, Evans (in his individual and official capacities) and
Gorski (in his individual and official capacities), bringing a 42 U.S.C. § 1983 First Amendment
claim1 that he had been unconstitutionally retaliated against for engaging in protected speech.
Ashford sought to have the suspension removed from his employment record, as well as
monetary damages.
The defendants argued in a motion for summary judgment that Ashford’s suit against the
university and its officers in their official capacities was barred by Eleventh Amendment
sovereign immunity, and that the officers in their individual capacities were entitled to qualified
immunity. The district court denied their motion with respect to both sovereign and qualified
immunity. In this interlocutory appeal, the defendants ask this court to reverse the district
court’s decision. We AFFIRM the district court’s ruling on sovereign and qualified immunity. |
CLICK HERE FOR FULL TEXT |
TIMMY LEE MOSIER,
Plaintiff-Appellant,
v.
JOSEPH EVANS; CROCKETT COUNTY, TENNESSEE,
Defendants-Appellees. |
No. 23-5189 |
Appeal from the United States District Court for the Western District of Tennessee at Jackson.
No. 1:20-cv-02197—J. Daniel Breen, District Judge.
Decided and Filed: January 9, 2024
Before: SUTTON, Chief Judge; CLAY and LARSEN, Circuit Judges.
_________________________
OPINION
_________________________
LARSEN, Circuit Judge. After being arrested for public intoxication, Timmy Mosier
resisted being escorted to the booking area of the Crockett County Jail. In response, Crockett
County Deputy Joseph Evans pulled Mosier to the ground, which he hit head-first. Mosier
brought federal civil-rights and state-law tort claims against Evans and Crockett County.
The district court granted the defendants’ motion for summary judgment on the civil-rights
claims and their partial motion to dismiss the negligence claims. Mosier argues that the district
court erred in granting each of those motions. For the reasons below, we AFFIRM in part,
REVERSE in part, and REMAND. |
|