FREED v. THOMAS

Nos. 21-1248/1288/1339.

81 F.4th 655 (2023)

Donald FREED, Plaintiff-Appellant/Cross-Appellee, v. Michelle THOMAS, Defendant-Appellee, County of Gratiot, Michigan, Defendant-Appellee/Cross-Appellant, Michigan Department of Attorney General, Intervenor-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 6, 2023.


Attorney(s) appearing for the Case

ARGUED: Philip L. Ellison , OUTSIDE LEGAL COUNSEL PLC, Hemlock, Michigan, for Appellant/Cross-Appellee. Douglas J. Curlew , CUMMINGS, McCLOREY, DAVIS & ACHO, P.L.C., Livonia, Michigan, for Appellee and Appellee/Cross-Appellant. Matthew B. Hodges , MICHIGAN ATTORNEY GENERAL'S OFFICE, Lansing, Michigan, for Intervenor-Appellee. Theodore W. Seitz , DYKEMA GOSSETT PLLC, Lansing, Michigan, for Amicus Curiae. ON BRIEF: Philip L. Ellison, OUTSIDE LEGAL COUNSEL PLC, Hemlock, Michigan, for Appellant/Cross-Appellee. Douglas J. Curlew, CUMMINGS, MCCLOREY, DAVIS & ACHO, P.L.C., Livonia, Michigan, for Appellee and Appellee/Cross-Appellant. Matthew B. Hodges, MICHIGAN ATTORNEY GENERAL'S OFFICE, Lansing, Michigan, for Intervenor-Appellee. Theodore W. Seitz, DYKEMA GOSSETT PLLC, Lansing, Michigan, for Amicus Curiae.

Before: SILER, GIBBONS, and LARSEN, Circuit Judges.


OPINION

Although Plaintiff Donald Freed prevailed on his Fifth Amendment claim before the district court, he appeals because the district court declined to award him the fair market value of his property minus his debt. Freed argues that the district court erred by (1) violating his Fifth or Eighth Amendment rights...

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