# United States v. Ike Kozminski, Margarethe Kozminski, and John Kozminski

> Court of Appeals for the Sixth Circuit · April 16, 1987 · 821 F.2d 1186

URL: https://www.frixlaw.com/law-library/cases/9476351

## Case

- **Full name:** UNITED STATES of America, Plaintiff-Appellee, v. Ike KOZMINSKI, Margarethe Kozminski, and John Kozminski, Defendants-Appellants
- **Court:** Court of Appeals for the Sixth Circuit
- **Decided:** April 16, 1987
- **Citations:** 821 F.2d 1186; 22 Fed. R. Serv. 1444; 1987 U.S. App. LEXIS 5070
- **Precedential status:** Published
- **Opinion:** Concurrence by Wellford
- **Judges:** Lively, Engel, Keith, Merritt, Kennedy, Martin, Jones, Krupansky, Wellford, Milburn, Guy, Nelson
- **Cited by:** 27 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9476351

## Opinion text

WELLFORD, Circuit Judge,
concurring:
While I am disposed toward the standard set by Judge Friendly in this kind of case in United States v. Shackney, 333 F.2d 475 (2d Cir.1964), and I likewise do not adopt the rationale set out in United States v. Mussry, 726 F.2d 1448 (9th Cir.), cert. denied, 469 U.S. 855 , 105 S.Ct. 180 , 83 L.Ed.2d 114 (1984), I am persuaded by Judge Merritt’s reasoned analysis of both principal issues in this case, and I therefore concur in Parts I, II and III and the result ultimately reached.
It seems to me that perhaps the best expression of the rule is set out in United States v. Bibbs, 564 F.2d 1165, 1168 (5th Cir.1977), which requires proof of physical harm or reasonable fear of harm and coercion imposed by a defendant on a victim before a prosecution may be sustained:
[A] defendant is guilty of holding a person to involuntary servitude if the defendant has placed him in such fear of physical harm that the victim is afraid to leave regardless of the victim’s opportunities for escape.
I would therefore reverse and remand in this case.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9476351. Public record. Not legal advice.