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Posted by: Karen Belcher on Aug 19, 2020

BERNICE BOUIE DONALD, Circuit Judge. In this matter, we ask whether Plaintiff Jane Doe (hereinafter “Doe”) can bring a Title IX, 20 U.S.C. § 1681, claim against a university based on that university’s alleged deliberate indifference to a sexual assault by a university student (i.e., a Title IX Davis claim, Davis v. Monroe County Board of Education, 526 U.S. 629 (1999)). Although not technically enrolled at Defendant University of Kentucky (hereinafter “the University”), Doe lived, dined, and participated in student activities on the University’s campus. She also hoped to attend the University and was enrolled at a Kentucky community college that allows its students to transfer credits to the University and enroll in the University through a simpler application process. The district court held that Doe could not bring such a claim, finding that Doe was not a student of the University or a participant in any of the University’s educational programs or activities. Because we find that Doe has sufficiently shown that there remain genuine disputes as to whether the University denied her the benefit of an “education program or activity,” she has standing to bring her Davis claim, and we REVERSE and REMAND to the district court for further consideration of the merits of Doe’s claim in light of this Court’s recent opinion in Kollaritsch v. Michigan State University Board of Trustees, 944 F.3d 613, 619-24 (6th Cir. 2019).

Posted by: Karen Belcher on Aug 19, 2020

The petitioner, Demetrice A. Smith, appeals the denial of his petition for post-conviction relief, which petition challenged his 2017 guilty-pleaded convictions of possession of a firearm after having been convicted of a felony drug offense and failure to appear, alleging that his guilty pleas were unknowing and involuntary because he was deprived of the effective assistance of counsel. Because no final order issued in the court below, we lack jurisdiction to hear this appeal. Consequently, the appeal is dismissed, and the case is remanded to the post-conviction court for a new evidentiary hearing.

Posted by: Karen Belcher on Aug 19, 2020

The Petitioner, LaVar R. Jernigan, appeals the order of the Rutherford County Circuit Court denying post-conviction relief from his convictions for six counts of especially aggravated sexual exploitation of a minor, for which he received an effective sentence of thirty years’ imprisonment. See State v. LaVar Jernigan, No. M2016-00507-CCA-R3-CD, 2017 WL 1019513 (Tenn. Crim. App. Mar. 15, 2017). The Petitioner argues the State failed to disclose the existence of a “notebook” compilation containing over 6000 text messages between the victim and the Petitioner, in violation of Rule 16 of the Tennessee Rules of Criminal Procedure and in violation of Brady v. Maryland, 373 U.S. 83, 83 S. Ct. 1194 (1963).1 He additionally argues that trial counsel was ineffective in failing to (1) advise the Petitioner of the existence of the notebook thereby resulting in the Petitioner’s rejection of a four-year offer by the State to settle the case; (2) object to the admission of the “notebook” at trial; and (3) prepare and preserve the record in his direct appeal. Upon our review, we vacate the Petitioner’s convictions, reverse the judgment of the post- conviction court, and remand this matter for a new trial.

Posted by: Karen Belcher on Aug 19, 2020

A husband challenges the trial court’s award of alimony in solido to his wife for a period of eight years. Having examined the record and the trial court’s analysis of the statutory factors, we find no abuse of discretion and affirm the trial court’s decision. We further award the wife her reasonable attorney fees on appeal.

Posted by: Karen Belcher on Aug 18, 2020

This is an action to revive a judgment originally entered in 1987; the judgment debtor moved to have the judgment set aside, contending that the judgment was void. The trial court denied the motion and renewed the judgment; the judgment debtor appeals. Upon our review, we conclude that the record shows that the debtor answered the complaint but failed to appear at the trial, which proceeded in his absence and led to the judgment; consequently, the judgment was valid. Accordingly, we affirm the trial court’s denial of the motion to set aside the judgment.

Posted by: Karen Belcher on Aug 18, 2020

This appeal arises from a hospital’s action against a patient to recover payment for medical services. After a bench trial, the court determined there was not an enforceable contract between the parties, but the hospital was entitled to recover the value of its services under a quantum meruit theory and ruled that the charges billed to the patient represented the actual value of the hospital’s services. The court based its determination on the testimony of the hospital’s witness that, because the rates that a hospital could charge were set by Medicare, the amount charged to the patient was comparable to what other hospitals would charge for the same or similar services. The patient appeals and asks this court to consider whether the hospital proved by a preponderance of the evidence that the amount it charged for medical services represented the actual value of those services. We affirm the trial court’s decision.

Posted by: Karen Belcher on Aug 18, 2020

KAREN NELSON MOORE, Circuit Judge. On October 5, 2013, Zachary Goldson died in a Brown County, Ohio jail cell. Less than an hour after a correctional officer was captured on video yelling in Goldson’s ear, “I’d like to break your fucking neck right now,” multiple correctional officers apparently discovered Goldson hanging by his neck from a bedsheet tied to the sprinkler escutcheon in his cell, in what the officers now characterize as a suicide. Goldson’s sister Ashley Bard, suing the officers and Brown County, Ohio, individually and on behalf of Goldson’s estate, disputes this account, claiming that Goldson’s hanging was staged. Bard also brought an array of claims alleging other civil-rights and state-law violations. In assessing the defendants’ motion for summary judgment, the district court acknowledged that there was a genuine dispute of fact as to whether Goldson was capable of hanging himself, mainly due to the physical layout of the cell and Goldson’s physical characteristics. Despite this, the district court granted summary judgment to the defendants, reasoning that Bard had not adduced sufficient evidence as to a specific theory of how Goldson died, and dismissed nearly all of Bard’s other claims as well. For the following reasons, we REVERSE in part, AFFIRM in part, and REMAND for trial on the use of force involved in Goldson’s death in the jail cell.1 Separately, I would remand for trial on the use of force involved in removing Goldson from a sheriff’s cruiser prior to his death.

Posted by: Karen Belcher on Aug 18, 2020

The defendant, Trin Villa Suttles, appeals his 2019 Hamilton County Criminal Court guilty-pleaded conviction of leaving the scene of an accident, arguing that the trial court erred by ordering that he serve his sentence of 11 months and 29 days in confinement. Discerning no error, we affirm.

Posted by: Karen Belcher on Aug 18, 2020

This is a medical malpractice action1 in which the plaintiff filed suit against the hospital for treatment he received following an eye injury, raising claims of direct and vicarious liability. The case proceeded to a jury trial, at which the court granted a directed verdict on the claim of direct liability at the close of the plaintiff’s proof. The plaintiff filed this appeal, claiming the trial court erred in limiting his expert witness testimony. We affirm.

Posted by: Karen Belcher on Aug 18, 2020

This appeal involves the issuance of an order of protection based on allegations of stalking. We affirm.


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