John Moody v. Mich. Gaming Control Bd.

CONCURRING IN PART AND DISSENTING IN PART

ALICE M. BATCHELDER,

Circuit Judge, concurring in part and dissenting in part.

I agree with the majority—albeit for different reasons—that the district court did not err by holding that there is a material dispute of fact over whether there was a constitutional violation on the drivers’ procedural due process claim. I part ways with the majority on its analysis of the Fifth Amendment claim and would affirm the district court’s grant of qualified immunity. Accordingly, I respectfully concur in part and dissent in part.

I

I begin with the majority’s…