TYLER v. HILLSDALE COUNTY SHERIFF'S DEPT.

No. 13-1876.

837 F.3d 678 (2016)

Clifford Charles TYLER, Plaintiff-Appellant, v. HILLSDALE COUNTY SHERIFF'S DEPARTMENT, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 15, 2016.


Attorney(s) appearing for the Case

ARGUED: Lucas J. McCarthy , Wyoming, Michigan, for Appellant. Abby C. Wright , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Federal Appellees. ON BRIEF: Lucas J. McCarthy , Wyoming, Michigan, for Appellant. Abby C. Wright , Michael S. Raab , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Federal Appellees. Paul D. Clement , Erin E. Murphy , Stephen V. Potenza , BANCROFT PLLC, Washington, D.C., Harry Frischer , PROSKAUER ROSE LLP, New York, New York, Simon J. Frankel , Rebecca Jacobs , COVINGTON & BURLING LLP, San Francisco, California, Daniel B. Asimow , ARNOLD & PORTER LLP, San Francisco, California, Ronda Cress , Michael Kirkman , Kristen Henry , OHIO DISABILITY RIGHTS LAW & POLICY CENTER, INC., Columbus, Ohio, for Amici Curiae.

GIBBONS, J., delivered the lead opinion in which SILER, COOK, McKEAGUE, WHITE, and DONALD, JJ., joined, and ROGERS, J., joined in part. McKEAGUE (pgs. 699-700), and WHITE (pp. 701-01), JJ., delivered separate concurring opinions. BOGGS, J. (pg. 702), BATCHELDER, J. (pp. 702-07), in which BOGGS, J., joined, and SUTTON, J. (pp. 707-14), in which BOGGS, McKEAGUE, and KETHLEDGE, JJ., joined, delivered separate opinions concurring in most of the judgment. ROGERS, J. (pg. 714), delivered a separate opinion concurring in the lead opinion in part, dissenting from the result, and joining Part II.B. of the dissenting opinion of MOORE, J. MOORE, J. (pp. 714-21), delivered a separate dissent in which COLE, C.J., CLAY, GRIFFIN, and STRANCH, JJ., joined, and ROGERS, J., joined in part.


OPINION

Plaintiff-Appellant Clifford Charles Tyler, a prospective gun purchaser, was involuntarily committed thirty years ago following an emotional divorce. Despite being three decades removed from this brief depressive episode, and despite a currently clean bill of mental health, Tyler is ineligible...

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