Theodore McMillian
Judge McMillian no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge McMillian decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
McMillian treated the right to be free from excessive force as clearly established when disputed facts precluded qualified immunity.
“the right to be free from excessive force — was clearly established on the date of Thompson’s arrest and alleged beating.”
He required vocational evidence to address intellectual limitations together with the claimant's other impairments.
“claimant was entitled to have VE consider this condition along with his other impairments to determine how it impacts upon his RFC”
Procedural preferences
He read a complaint together with its attachments and related filings before deciding whether a claim had been sufficiently alleged.
“Looking at all these documents together, we conclude that Munn sufficiently alleged he was denied his blood-pressure medication for the nine days he spent in isolation”
He reserved fact disputes capable of supporting either side for a jury rather than resolving them on summary judgment.
“reasonable jury could return verdict for either party”
Cautions
He enforced the limits of interlocutory appellate jurisdiction when an appeal challenged only the sufficiency of evidence supporting unresolved factual disputes.
“we dismiss this appeal for lack of interlocutory appellate jurisdiction”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Accordingly, the Board’s order is enforced.”
“Accordingly, the petition for review is denied and the Board’s order is enforced.”
“Accordingly, we deny the petition for review and enforce the order of the Board.”
“Accordingly, we deny the petition for review and enforce the order of the Board.”
“Accordingly, we enforce the order of the Board.”
“Accordingly, the order of the NLRB is enforced.”
“Accordingly, we deny the petition for review and enforce the order of the Board.”
“Accordingly, we reverse and remand the case to the district court with instructions.”
“Accordingly, we deny the petition for review and grant enforcement of the Board's decision.”
“Accordingly, we reverse and remand for further proceedings in the district court consistent with this opinion.”
“Accordingly, we affirm the grant of summary judgment in favor of Gilmore and Regional Medical Center, but reverse the grant of summary judgment in favor of the remaining defendants, and remand to the district court for further proceedings.”
“The order of the Board is enforced.”
Caseload & timing
From public federal docket records for this judge.
Not applicable to this circuit-court record.
A historical record
Judge McMillian no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.