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ALFRED ROSS WINGATE, JR.,
Petitioner-Appellant,
v.
UNITED STATES OF AMERICA,
Respondent-Appellee. |
No. 18-2381 |
Appeal from the United States District Court
for the Eastern District of Michigan at Detroit.
Nos. 2:11-cr-20481-1; 2:17-cv-10612—Arthur J. Tarnow, District Judge.
Argued: May 1, 2020
Decided and Filed: August 5, 2020
Before: BOGGS, GRIFFIN, and LARSEN, Circuit Judges.
_________________________
OPINION
_________________________
LARSEN, Circuit Judge. Alfred Wingate was charged with multiple counts of federal
robbery and firearm crimes in connection with a conspiracy to rob a bank and two pharmacies.
After an eight-day jury trial, he was convicted on all counts. This court affirmed his conviction
on direct appeal. Wingate then filed a § 2255 motion to vacate his sentence, asserting that his
counsel was ineffective and that the federal bank robbery and pharmacy robbery statutes are not
crimes of violence under 18 U.S.C. § 924(c)’s elements clause. The district court rejected both
claims, and we AFFIRM. |
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19-1191 & 19-1211
EHSAN MOHAMAD OUZA,
Plaintiff-Appellee/Cross-Appellant,
v.
CITY OF DEARBORN HEIGHTS, MICHIGAN; JORDAN
DOTTOR; GENE DERWICK,
Defendants-Appellants/Cross-Appellees.
19-1393
EHSAN MOHAMAD OUZA,
Plaintiff-Appellant,
v.
CITY OF DEARBORN HEIGHTS, MICHIGAN; JORDAN
DOTTOR,
Defendants-Appellees |
Nos. 19-1191/1211/1393 |
Appeal from the United States District Court for the Eastern District of Michigan at Detroit.
No. 2:16-cv-14331—Terrence George Berg, District Judge.
Argued: January 30, 2020
Decided and Filed: August 5, 2020
Before: MERRITT, CLAY, and GRIFFIN, Circuit Judges.
_________________________
OPINION
_________________________
CLAY, Circuit Judge. In this 42 U.S.C. § 1983 action arising from a domestic
disturbance incident, the parties appeal and cross-appeal multiple rulings of the district court.
In Case No. 19-1191, Defendant Officers Gene Derwick and Jordan Dottor interlocutorily appeal
the district court’s denial of their motion for summary judgment on qualified immunity grounds
with regard to Plaintiff’s excessive force claim. They also appeal the district court’s ruling that
they spoiled relevant evidence. In Case No. 19-1211, Plaintiff Ehsan Ouza appeals the district
court’s ruling that she cannot rely on evidence of her carpal tunnel diagnosis to demonstrate
injury from Defendants’ alleged excessive force, and she appeals the district court’s failure to
sanction Defendants for spoiling evidence by adopting an adverse inference against them. In
Case No. 19-1393, Plaintiff appeals the district court’s grant of summary judgment in favor of
Defendant Dottor on qualified immunity grounds with regard to her false arrest claims and the
district court’s grant of summary judgment in favor of Defendant City of Dearborn Heights on
her municipal liability claim. For the reasons that follow, we affirm in part and reverse in part
the district court’s order, and remand the case for further proceedings consistent with this
opinion. |
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