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Hugh W. Brenneman, Jr.

United States District Court for the Western District of Michigan magistrate Retired 2015 23 signed orders read

Judge Brenneman no longer hears cases. This profile is preserved as a historical record of how they ruled.

How Judge Brenneman decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

Brenneman required evidence that an official knew of the prisoner's medical condition and acted maliciously or sadistically before imposing excessive-force liability.

“There is no evidence that Warden Smith knew plaintiff or had any knowledge of plaintiffs medical condition.”

He declined to recognize a self-critical-analysis privilege where the internal report was not expected or maintained as strictly confidential.

“the contents of the analysis section of the Bernhardt memorandum have not been held in strict confidence in this case.”

Procedural preferences

Brenneman treated the federal civil-service remedial scheme as exclusive and rejected attempts to route personnel claims through general administrative-review statutes.

“Federal employees may not circumvent the Act’s requirements and limitations by resorting to the catchall APA to challenge agency employment actions”

He left novel Michigan statutory-liability questions to the state courts when the federal claims did not require their resolution.

“Comity cautions that this court should not create new state-law liability in this case.”

Cautions

An internal evaluation did not become privileged merely because participants discussed and recorded their own assessment of the incident.

“The privilege cannot serve to shield from discovery their knowledge, understanding and evaluation of the incident”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Whitfield v. Commissioner of Social Security
1:09-cv-1171 · 2011-03-28
Social security appeal (plaintiff) Granted

“The decision of the Commissioner is reversed pursuant to sentence four of 42 U.S.C. § 405(g) and the case is remanded to the Commissioner for further proceedings consistent with this Opinion.”

Dukes v. Commissioner of Social Security
1:10-cv-436 · 2011-09-19
Social security appeal (plaintiff) Denied

“In accordance with the Opinion filed this date, the decision of the Commissioner is AFFIRMED.”

Talaga v. Commissioner of Social Security
1:10-cv-890 · 2011-09-19
Social security appeal (plaintiff) Denied

“In accordance with the Opinion filed this date, the decision of the Commissioner is AFFIRMED.”

Thompson v. Commissioner of Social Security
1:10-cv-995 · 2012-03-16
Social security appeal (plaintiff) Denied

“In accordance with the Opinion filed this date, the decision of the Commissioner is AFFIRMED.”

Johnston v. Commissioner of Social Security
1:10-cv-1071 · 2012-03-16
Social security appeal (plaintiff) Denied

“In accordance with the Opinion filed this date, the decision of the Commissioner is AFFIRMED.”

Demogola v. Commissioner of Social Security
1:10-cv-1169 · 2012-03-30
Social security appeal (plaintiff) Granted

“The decision of the Commissioner is REVERSED pursuant to sentence four of 42 U.S.C. § 405(g) and the case is REMANDED to the Commissioner for further proceedings consistent with the Opinion.”

Holubar v. Commissioner of Social Security
1:10-cv-1275 · 2011-05-05
Social security appeal (plaintiff) Granted

“The Commissioner’s decision is REVERSED and this matter is REMANDED for a new hearing and further consideration of plaintiff’s application pursuant to sentence four of 42 U.S.C. § 405(g).”

Pusty v. Commissioner of Social Security
1:11-cv-19 · 2011-06-22
Social security appeal (plaintiff) Granted

“The Commissioner’s decision is REVERSED and this matter is REMANDED for a new hearing and further consideration of plaintiff’s application pursuant to sentence four of 42 U.S.C. § 405(g).”

Taylor v. Commissioner of Social Security
1:11-cv-46 · 2012-03-26
Social security appeal (plaintiff) Denied

“In accordance with the Opinion filed this date, the decision of the Commissioner is AFFIRMED.”

McHaney v. Commissioner of Social Security
1:11-cv-51 · 2012-03-30
Social security appeal (plaintiff) Denied

“In accordance with the Opinion filed this date, the decision of the Commissioner is AFFIRMED.”

Hughes v. Commissioner of Social Security
1:11-cv-66 · 2015-07-06
Social security appeal (plaintiff) Denied

“In accordance with the Opinion filed this date, the decision of the Commissioner is AFFIRMED.”

Swidorski v. Commissioner of Social Security
1:11-cv-198 · 2012-03-26
Social security appeal (plaintiff) Denied

“In accordance with the Opinion filed this date, the decision of the Commissioner is AFFIRMED.”

Caseload & timing

From public federal docket records for this judge.

Median case duration in the sampled dockets: 492 days (N = 7).

The enumerated historical slice consists of consent Social Security appeals assigned directly to Brenneman. It is a narrow subject-matter cohort and does not represent his full referral workload.

A historical record

Judge Brenneman 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.