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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.