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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
ROBERT CORTEZ BURRELL,
Defendant-Appellant. |
No. 23-1261 |
Appeal from the United States District Court for the Eastern District of Michigan at Port Huron.
No. 3:21-cr-20395-1—Robert H. Cleland, District Judge.
Argued: July 23, 2024
Decided and Filed: August 15, 2024
Before: GILMAN, GRIFFIN, and MATHIS, Circuit Judges
_________________________
OPINION
_________________________
RONALD LEE GILMAN, Circuit Judge. After almost four months of gathering
evidence to corroborate an anonymous tip, agents with the Drug Enforcement Administration
(DEA) applied for and executed four search warrants on residences associated with Robert
Cortez Burrell. They recovered over two kilograms of illegal narcotics, several firearms, and
drug-manufacturing equipment. Following a jury trial, Burrell was found guilty of being a felon
in possession of firearms and ammunition as well as guilty of various related drug crimes. He
was sentenced to 180 months of imprisonment.
Burrell now challenges the district court’s denial of his motion to suppress the evidence
obtained from the execution of the search warrants, the court’s denial of his motion to dismiss
the firearms and ammunition charges due to their alleged infirmity under the Second
Amendment to the U.S. Constitution, and the court’s admission of testimony that he contends
violated the Confrontation Clause and the Federal Rules of Evidence. For the reasons set forth
below, we AFFIRM the judgment of the district court. |
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ASHLEY FRANKLIN,
Plaintiff-Appellant,
v.
FRANKLIN COUNTY, KENTUCKY; RICK ROGERS; WES
CULBERTSON,
Defendants-Appellees. |
No. 23-6107 |
Appeal from the United States District Court for the Eastern District of Kentucky at Frankfort.
No. 3:19-cv-00050—Gregory F. Van Tatenhove, District Judge.
Argued: July 24, 2024
Decided and Filed: August 15, 2024
Before: GILMAN, GRIFFIN, and MATHIS, Circuit Judges.
_________________________
OPINION
_________________________
RONALD LEE GILMAN, Circuit Judge. In January 2019, Ashley Franklin was an
inmate at the Franklin County Regional Jail (the Jail). When Franklin became ill on January 18
and needed to be transported to a hospital’s emergency room, Jail Sergeant Brandon Price
sexually assaulted her in the transportation van. Franklin brought this lawsuit against Price,
Franklin County, and two other Jail employees, asserting constitutional claims under 42 U.S.C.
§ 1983 and several related claims under Kentucky state law.
The complaint alleged that both Price and his superior, Captain Wes Culbertson, were
deliberately indifferent to a serious risk of harm to Franklin. It further asserted that Franklin
County was liable for the assault on Franklin because of the County’s alleged (1) practice of
permitting lone male officers to transport female inmates to the hospital, (2) inaction with respect
to preventing and detecting sexual assault based on previous misconduct at the Jail, and
(3) inadequate training and supervision of its employees regarding the sexual abuse of inmates.
Franklin also raised claims of negligence and gross negligence against Captain Culbertson and
Jailer Rick Rogers.
Franklin moved for summary judgment against Price in the district court, and the
defendants (except for Price) cross-moved for summary judgment against Franklin. The court
granted Franklin’s motion for summary judgment with respect to her Eighth Amendment claim
against Price, but it otherwise denied her motion. It also granted in full the other defendants’
motion for summary judgment. Franklin now appeals the grant of summary judgment in favor of
the other defendants. For the reasons set forth below, we AFFIRM the judgment of the district
court. |
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TRUSTEES OF THE IRON WORKERS DEFINED
CONTRIBUTION PENSION FUND, IRON WORKERS LOCAL
25 PENSION FUND, IRON WORKERS HEALTH FUND OF
EASTERN MICHIGAN, IRON WORKERS LOCAL 25
VACATION PAY FUND, and IRON WORKERS
APPRENTICESHIP FUND OF EASTERN MICHIGAN,
Plaintiffs-Appellees,
v.
NEXT CENTURY REBAR, LLC,
Defendant - Appellant. |
Nos. 23-1919/24-1046 |
Appeal from the United States District Court for the Eastern District of Michigan at Detroit.
No. 2:21-cv-13041—Nancy G. Edmunds, District Judge.
Argued: July 25, 2024
Decided and Filed: August 15, 2024
Before: MOORE, COLE, and MATHIS, Circuit Judges.
_________________________
OPINION
_________________________
KAREN NELSON MOORE, Circuit Judge. Next Century Rebar, LLC (“NCR”) worked
on a chemical project within the jurisdiction of the Local Union Number 25 (“Local 25”).
Because Local 25 did not have enough iron workers to fulfill the project’s needs, NCR hired iron
workers affiliated with out-of-state unions, specifically Local Union Numbers 416 and 846
(“Local 416” and “Local 846,” respectively). For the duration of the project, NCR made benefits
contributions to the funds associated with the out-of-state iron workers’ unions. In 2021, funds
affiliated with Local 25—Iron Workers Health Fund of Eastern Michigan, Iron Workers Local
25 Vacation Pay Fund, and Iron Workers Apprenticeship Fund of Eastern Michigan (the “Local
25 Funds”)—conducted an audit and determined that NCR had failed to make benefits
contributions on behalf of the out-of-state employees to the Local 25 Funds. NCR contested this
finding and refused to pay the contributions, explaining that it had made contributions on behalf
of these employees to the funds affiliated with the out-of-state unions, as opposed to the Local 25
Funds.
The Local 25 Funds filed suit under 29 U.S.C. § 1145, arguing that they are entitled to
benefits contributions for the out-of-state employees that performed work in its jurisdiction. The
Local 25 Funds filed a motion for summary judgment, which NCR opposed. The district court
granted the motion and issued judgment awarding the Local 25 Funds $1,787,300.75 in unpaid
contributions, $143,075.41 in interest, and $288,598.80 in liquidated damages. Thereafter, the
Local 25 Funds moved for attorney fees and costs, and the district court amended the judgment
to include $18,233.15 in costs and $99,812.25 in attorney fees. NCR filed timely notices of
appeal from the judgment and the amended judgment, which have been consolidated before this
court. On appeal, NCR argues that the district court applied the incorrect summary-judgment
standard, the district court improperly granted summary judgment despite genuine disputes of
material fact related to the damages calculation, and the district court abused its discretion by
declining to award NCR a setoff in the amount it contributed to the out-of-state funds.
For the reasons that follow, we AFFIRM in part and REVERSE in part and
REMAND this case for further proceedings. |
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