# Clifford Tyler v. Hillsdale County Sheriff's Dep't

> Court of Appeals for the Sixth Circuit · September 15, 2016 · 837 F.3d 678

URL: https://www.frixlaw.com/law-library/cases/9836115

## Case

- **Full name:** Clifford Charles TYLER, Plaintiff-Appellant, v. HILLSDALE COUNTY SHERIFF’S DEPARTMENT, Et Al., Defendants-Appellees
- **Court:** Court of Appeals for the Sixth Circuit
- **Decided:** September 15, 2016
- **Citations:** 837 F.3d 678; 2016 FED App. 0234P; 2016 U.S. App. LEXIS 16880; 2016 WL 4916936
- **Precedential status:** Published
- **Opinion:** Concurring in part by Rogers
- **Judges:** Gole, Boggs, Siler, Batchelder, Moore, Clay, Gibbons, Rogers, Sutton, Cook, McKeague, Griffin, Kethledge, White, Stranch, Donald
- **Cited by:** 99 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/9836115

## How later opinions describe it (automated extraction)

- finding, pre-Bruen, that “the historical evidence cited by Heller and the government does not directly support the proposition that persons who were once committed due to mental illness are forever ineligible to regain their second amendment rights”
- holding that intermediate scrutiny was the appropriate standard to apply when reviewing challenged law not burdening the core of the Second Amendment right but placing a substantial burden on conduct and persons protected by the Second Amendment
- stating that the federal regulations make it clear that Section 922(g)(4)"applies only to persons who are involuntarily committed by an appropriate judicial authority following due process safeguards"

## Opinion text

CONCURRING IN PART AND DISSENTING IN PART
ROGERS, J.,
dissenting.
I join Parts I, II, III.A-C, and Part III.D.i of the lead opinion. However, for the reasons given in Part II.B of Judge Moore’s dissent, § 922(g)(4) meets the requirements of intermediate scrutiny. The judgment of the district court dismissing Tyler’s suit in its entirety should accordingly be affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9836115. Public record. Not legal advice.