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THURMAN KING,
Plaintiff-Appellee,
v.
CITY OF ROCKFORD, MICHIGAN; ROCKFORD
DEPARTMENT OF PUBLIC SAFETY; ZACHARY ABBATE
and JASON BRADLEY, Officers, in their individual
capacities,
Defendants-Appellants. |
No. 22-2038 |
Appeal from the United States District Court
for the Western District of Michigan at Grand Rapids.
No. 1:21-cv-00259—Jane M. Beckering, District Judge.
Argued: October 26, 2023
Decided and Filed: March 28, 2024
Before: GIBBONS, BUSH, and DAVIS, Circuit Judges.
_________________________
OPINION
_________________________
JULIA SMITH GIBBONS, Circuit Judge. Thurman King sued Officers Zachary Abbate
and Jason Bradley, the City of Rockford (“City”), the Rockford Public Safety Department
(“Department”), and other municipal officers (collectively, “defendants”) under 42 U.S.C.
§ 1983 and state law for events arising out of a 2019 traffic stop. The district court granted
partial summary judgment in favor of defendants, but denied their motion for summary judgment
on qualified and governmental immunity grounds for King’s federal and state tort claims against
Abbate and Bradley, and denied their motion as to King’s Monell1 claim against the City and
Department. Defendants appealed this denial. On review, we affirm in part, and reverse in part,
the district court’s denial of qualified and governmental immunity to Abbate and Bradley.
We dismiss the City and Department’s appeal for lack of appellate jurisdiction. |
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LAFAYETTE DESHAWN UPSHAW,
Petitioner-Appellee,
v.
GEORGE STEPHENSON, Warden,
Respondent-Appellant. |
No. 22-1705 |
Appeal from the United States District Court for the Eastern District of Michigan at Detroit.
No. 2:20-cv-12560—Linda V. Parker, District Judge.
Argued: October 25, 2023
Decided and Filed: March 28, 2024
Before: MOORE, GIBBONS, and STRANCH, Circuit Judges.
_________________________
OPINION
_________________________
JANE B. STRANCH, Circuit Judge. This appeal centers on the habeas petition of
Lafayette Deshawn Upshaw, a state inmate in the custody of the Michigan Department of
Corrections. In 2014, the State charged Upshaw with crimes associated with two separate
incidents that occurred on the same day: a gas station robbery and a home invasion. Upshaw
entered a plea deal in the home invasion case but went to trial and was convicted on counts
stemming from the robbery. Michigan’s state courts affirmed his robbery conviction on direct
appeal. After exhausting his state court remedies, Upshaw filed a petition for habeas relief in
federal court. The district court granted relief on two of Upshaw’s claims: an ineffective
assistance of counsel claim based on trial counsel’s failure to investigate alibi witnesses and a
Batson claim deriving from the State’s use of peremptory challenges to strike six Black jurors.
The Warden now appeals. We AFFIRM |
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NATIONAL LABOR RELATIONS BOARD,
Petitioner/Cross-Respondent,
v.
BANNUM PLACE OF SAGINAW, LLC; BANNUM, INC.
Respondents/Cross-Petitioners. |
Nos. 23-1632/1695 |
On Petition for Review and Cross Application for Enforcement
of an Order of the National Labor Relations Board.
Nos. 07-CA-207685; 07-CA-211090; 07-CA-215356.
Decided and Filed: March 28, 2024
Before: MOORE, COLE, and NALBANDIAN, Circuit Judges.
_________________________
OPINION
_________________________
KAREN NELSON MOORE, Circuit Judge. In a previous proceeding, we enforced a
National Labor Relations Board Order finding that respondent Bannum Place of Saginaw, LLC
engaged in unfair labor practices in violation of 29 U.S.C. § 158(a)(1), (3), and (4) when it
interrogated employees, threatened to close its facility, and terminated two union supporters.
The National Labor Relations Board now seeks to enforce its supplemental decision and order
directing Respondents to pay specific backpay amounts to the two discriminatees, and
Respondents petition for review of the supplemental decision and order. For the reasons that
follow, we GRANT the National Labor Relations Board’s application for enforcement and
DENY Respondents’ cross-petition. |
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