Articles Posted in US Court of Appeals for the Sixth Circuit

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Detroit residents voted to allow the school district to increase property taxes “for operating expenses.“ In 2013, the Downtown Development Authority (DDA) announced its intent to capture some of that tax revenue to fund the construction of Little Caesars Arena for the Red Wings hockey team. In 2016, the DDA revised its plan to allow the Pistons basketball team to relocate to Arena. The Detroit Brownfield Redevelopment Authority (DBRA) agreed to contribute to the $56.5 million expenditure, including reimbursing construction costs that private developers had already advanced. The project is largely complete. Plaintiffs requested that the school board place on the November 2017 ballot a question asking voters to approve or disapprove of the agencies' use of tax revenue for the Pistons relocation. The board held a special meeting but did not put the question on the ballot. Plaintiffs filed suit. Count VIII sought a declaratory judgment that the board had authority to place the question on the ballot. Count IX sought a writ of mandamus ordering the board to place it on the ballot. The court dismissed Counts VIII and IX, noting that Plaintiffs could have filed suit in 2013. The Sixth Circuit affirmed. Plaintiffs lack Article III standing. Failure to place Plaintiffs’ question on the ballot affects all Detroit voters equally; they raised only a generally available grievance about government. Michigan statutes do not give Detroit residents the right to void a Tax Increment Financing plan by public referendum, so a referendum would not redress Plaintiffs’ injury. View "Davis v. Detroit Public School Community District" on Justia Law

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Upon receiving an anonymous tip, the Michigan Gaming Control Board (MGCB) investigated allegations of race-fixing, involving gamblers and harness-racing drivers. Plaintiffs, MGCB-licensed harness drivers, attended an administrative hearing but declined to answer questions, invoking their Fifth Amendment right against self-incrimination. The MGCB immediately suspended their licenses, based on a requirement that license applicants “cooperate in every way . . . during the conduct of an investigation, including responding correctly, to the best of his or her knowledge, to all questions pertaining to racing.” MGCB later issued exclusion orders banning the drivers from all state race tracks and denied Plaintiffs’ applications for 2011, 2012, and 2013 licenses. Plaintiffs sued under 42 U.S.C. 1983, claiming violations of their procedural due process and Fifth Amendment rights. The Sixth Circuit held that the defendants were not entitled to qualified immunity. The exclusion orders were issued about 30 months before a post-exclusion hearing; Plaintiffs identified a violation of a clearly established right. Under specific conditions, a public employee “may rightfully refuse to answer unless and until he is protected at least against the use of his compelled answers.” The Supreme Court has held that if a state wishes to punish an employee for invoking that right, “States must offer to the witness whatever immunity is required to supplant the privilege and may not insist that the employee ... waive such immunity.” Both rights were clearly established at the time of the violation. View "Moody v. Michigan Gaming Control Board" on Justia Law