Elhady v. Bradley

2 Citing cases

  1. Elhady v. Unidentified CBP Agents

    18 F.4th 880 (6th Cir. 2021)   Cited 36 times
    Discussing Bivens

    I would affirm this interlocutory order on that ground for the reasons given by the district court. See Elhady v. Bradley , 438 F. Supp. 3d 797 (E.D. Mich. 2020). The Bivens issue may be resolved later in the litigation, but only if necessary (which may not be the case), and if preserved.

  2. Jackson v. Corizon Health Inc.

    2:19-CV-13382-TGB (E.D. Mich. Jun. 17, 2020)

    First, the text of the decision does not contain language clearly indicating that lower courts should apply the decision beyond the excessive force context. See also Elhady v. Bradley, No. 17-CV-12969, 2020 WL 619587, at *13 (E.D. Mich. Feb. 10, 2020) (Goldstein, J.) (noting same). Second, the Sixth Circuit itself has continued to apply the subjective inquiry of the Eighth Amendment deliberate indifference test to due process claims post-Kingsley despite noting the ambiguity in Huq more than a year before.